- Oct 14, 2017
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Hi! The question is: won't they sue me or something? For example, if I take the picture, redraw the body and change everything else. It will be another picture and another character, with no copyrights, right?
Can I use a pornstar as a prototype for my character?
- Thread starter Max Craving
- Start date
Girl Gone Bad traces over real people, I believe.
I have also seen HTML Games using plain pictures, getting sued over it is very unlikely unless your game becomes very popular.
I have also seen HTML Games using plain pictures, getting sued over it is very unlikely unless your game becomes very popular.
- Mar 8, 2018
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Can't be any worse than the games who use real porn star pictures.
- Oct 14, 2017
- 409
- 228
- Oct 14, 2017
- 409
- 228
- Oct 14, 2017
- 409
- 228
The thing is – I want to add some extreme options to do with these characters, and I think maybe they will be offended. I think I'll change them a little, that they couldn't recognize themselves.
- Oct 14, 2017
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Well, if I'd see someone drawed pictures where I've been enslaved or something, I'd likely became offended))
- May 19, 2017
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pictures don't belong to the person in the picture. they belong to the photographer who took them, artist who created them.
so yes, you can hire a porn star to act in your games, and take all the pictures you want.
so yes, you can hire a porn star to act in your games, and take all the pictures you want.
- Sep 12, 2020
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This is technically not correct in US law.
In US law absent of specific contracts creating legally binding alternatives, the photo of a live model has many different automatic ownerships. The photo itself as a physical or digital medium is copyright to the photographer (
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). The model however retains by default the copyright to their likeness or what is called
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; it is common practice in pornography for the model to sign away their likeness rights to a corporation or to the producers or executives for the production of the porn media created. This is similar to the standard contracts in game development where artists are generally required to irrevocably surrender exclusive usage rights to their works in exchange for some kind of compensation. Because if the artist or model could withdraw their consent to the use of their intellectual property at any time then few projects would survive petty disputes which would not be in the general interest of the collaboration of the people involved dependent on the productions for their material existence and would not be in the general interests of the commons or the public.And it is important to know that the likeness rights to the photo do not automatically extend to likeness rights for cinematic depiction or depictions in other media or for other purposes. So while a porn star may sign away her likeness rights in a porn film that doesn't mean that she can't use her likeness for personal promotion, branding, and advertising in other contexts or in say a comic or a game. Though it is also common for such rights to be part of what is negotiated by predatory publishers and producers.
"For example, if I take the picture, redraw the body and change everything else. It will be another picture and another character, with no copyrights, right?"
There is a thing called
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and
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. Taking a picture of a porn actress and using it straight up would be piracy. Taking the same photo and ray tracing it would likely be insufficiently transformative and would again be piracy in many cases particularly commercial contexts. Taking the same photo and creating a 3d model that you rotoscope and introduce successive transformations to give the character distinctly different personality (like changing hair color, skin color, eye color, adding birthmarks, lengthening or shortening the model, giving them a different name and their own distinctly different biography) can sufficiently transform the intellectual product beyond recognition of the original such that it becomes its own distinctly different intellectual property in law.A bunch of this becomes moot in many cases in the world where it is either illegal to produce pornography, illegal to possess pornography, illegal to sell pornography, or all of the above or where copyright law does not mirror English Common Law such as in China.
There are also exceptions made for
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. Typically these exceptions are non-commercial in character and they generally are for the benefit of the public such as for charitable, educational, scientific, or prosocial purposes; pornography rarely qualifies due to proximity to sex work criminalization or obscenity law.