Copyright Issues?

[704621168]

Randomly wondering, if you use a model that you found somewhere on the internet (not sure if copyrighted), then use it to render in-game images for your own game on patreon, would that be copyright infringement?

It's really a gray-zone because the model does not belong to you yet the render does. Also since it's patreon, you are technically not using it for "commercial" use since you are not "selling" the game.

Similarly with games like something unlimited, all the characters are copyrighted by DC but I haven't heard that sunsetrider7 had to deal with any copyright issues.
Is it because the game is not making enough profit for DC to really care about it or what?


Anyway, following from my original question. Has anybody started games on patreon with no art background. How do you guys come up with the in game work? Outsourcing maybe ?

 

[TCMS]

Randomly wondering, if you use a model that you found somewhere on the internet (not sure if copyrighted), then use it to render in-game images for your own game on patreon, would that be copyright infringement?

Yes if the owner has copyrighted it. (or has a lawyer which will argue Intellectual Propriety )

Also since it's patreon

Patreon will not allow you to have this if you receive a dmca claim and don't contest it.

I haven't heard that sunsetrider7 had to deal with any copyright issues.

Parody does not fall under dmca (most of the times)

 

[wep]

Similarly with games like something unlimited, all the characters are copyrighted by DC but I haven't heard that sunsetrider7 had to deal with any copyright issues.
Is it because the game is not making enough profit for DC to really care about it or what?

Nope. They received a dmca from DC and they was forced to remove the game from patreon for a while.
They changed the name of the game and keep a very low profile for months and started a new project on patreon in order to have a stable income in hte meantime.

Now, they are back on patreon with this game too. Probably DC is happy enough with the change of name or they will be stopped again in future...

 

[Burt]

Technically as they all use models created by other authors for use in daz (purchase licensing) and 3D Studio etc they are using copyrighted material which does state even if its purchased cannot be used without considerable modification for extra commercial purposes.
I cant off the top of my head think of many render's that are truly original on Patreon with the exception of Summertime , the twist, possibly big brother to an extent
Even all of these will use base modelling packs with their preferred rendering software so again not built from scratch.
A takedown based on the authors work may be justified but rarely can it be argued based on its original content unless you are CD Projekt RED or a major studio
"Without prejudice"
Smile

 

[Burt]

To answer your thread post
Yes using material found anywhere on the internet that has a world-wide copyright like DC Comics would most likely have litigation regardless of the profit made from it as its part of the litigation units job to clamp down on copyright infringement on any scale.

 

[gue5t]

Randomly wondering, if you use a model that you found somewhere on the internet (not sure if copyrighted), then use it to render in-game images for your own game on patreon, would that be copyright infringement?

Short answer is YES, unless you have the authors permission or have paid him/her for the right to use it commercially and in an adult product (last is dependent on country legislation).

It's really a gray-zone because the model does not belong to you yet the render does.

According to the law (country dependent) it is a violation of the model's author rights to use it without his/her permission for the render. So using the model for the image itself is considered the infringement.

Also since it's patreon, you are technically not using it for "commercial" use since you are not "selling" the game.

Again country dependent but in most countries patreon is considered commercial use (as in you receive money based on the content) - in some countries it's considered commercial use even when you have adds on the site you use to distribute the "product" for free. In some countries even when the ads are placed there by the free hosting company you are using for distribution.

Similarly with games like something unlimited, all the characters are copyrighted by DC but I haven't heard that sunsetrider7 had to deal with any copyright issues.

They had big problems with DC for the name, also the comparison is not relevant because the art they use is drawn by them and the "product" was/is labeled as parody.

P.S. I'd suggest you consult with someone who knows the local IP legislation before using questionable content if you intend to do this seriously.