Copyright on specific outfits and weapons

[McAron]

Hello. As the title says I want to clear out as much confusion as possible regarding use of outfits from characters from other IPs as well as items such as weapons.
I am using Honey Select to make screenshots for my RPG Maker MV game. The game will be distributed for free (unless people demand otherwise). As far as I know using screenshots from HS is fine with appropriate acknowledgement in credits on what software was used. But what about using some 'cosplay' outfits in it? Obviously none of them would use their real names and would be called something different. So no relation to the source material. It is a use of a 3D model specially made for HS, can it be seen as copyright infringement? Or is it a separate creation by the mod's author (also I might need help recognizing which mods were made by who, to give them credit, if it's needed). Here are some examples on what it could look like:

 

[Meaning Less]

Using HS isn't really fine, technically illusion owns the copyrights to all renderes made in their engine.

So considering you already are navigating in a legal grey area I don't see why worry with outfits, just use them.

When it comes to outfits, this is just speculation but I believe that giving them credits for using their content might not be a good idea (unless you talked with the copyright owners themselves and they asked you to do it).
Because it could count as evidence that you are in fact using their content without permission, something that would be harder to prove from screenshots alone.

 

[McAron]

Using HS isn't really fine, technically illusion owns the copyrights to all renderes made in their engine.

So considering you already are navigating in a legal grey area I don't see why worry with outfits, just use them.

When it comes to outfits, this is just speculation but I believe that giving them credits for using their content might not be a good idea (unless you talked with the copyright owners themselves and they asked you to do it).
Because it could count as evidence that you are in fact using their content without permission, something that would be harder to prove from screenshots alone.

Everywhere I've looked people said that using screenshots made in HS Studio is fine. With arguments like: "Why else would they make a Studio?". And about giving credits I meant mod creators, not creators of the characters, which outfits were based of.
Just worrying about future reputation. Wouldn't want to be called a thief, but with minimal budget there is little I can do if I want to show a variety in cute girls clothing without resorting to using all I have.

 

[Meaning Less]

And about giving credits I meant mod creators, not creators of the characters, which outfits were based of.

That's the thing, if the mod creators are the outfit owners then you can credit them. But in many cases they are just exporting outfits without permission from other places and modding them into HS, in those cases it could be sketchy.

Personally I would avoid mentioning anything unless they contact you asking for it.

 

[McAron]

That's the thing, if the mod creators are the outfit owners then you can credit them. But in many cases they are just exporting outfits without permission from other places and modding them into HS, in those cases it could be sketchy.

Personally I would avoid mentioning anything unless they contact you asking for it.

Yeah. In any case hopefully I will be able to turn it all into a 2D drawings in the future if I'll have enough funding.

 

[NoseBleeds]

While not exactly legal, many highly successful and popular games continue to exist and amass profit using Honey Select. Because of that, many have come to the conclusion that Illusion is fine with the idea of using studio neo for the sake of making games. Although, their Terms of Service state that you're not allowed to use images made with studio neo for commercial purposes (Patreon counts as commercial). So at any moment, if they so choose, Illusion can crack down on every game that uses their property, however unlikely that is. I would imagine, the worst-case scenario would be a cease and desist or a slap on the wrist.

As for modders, while it would be nice to credit them or express some kind of special thanks, I highly doubt it's expected. If you're worried about the community or modders thinking you're a "thief", I doubt anyone would. Especially if you're using Honey Select instead of pirating assets for something like Daz.

 

[McAron]

While not exactly legal, many highly successful and popular games continue to exist and amass profit using Honey Select. Because of that, many have come to the conclusion that Illusion is fine with the idea of using studio neo for the sake of making games. Although, their Terms of Service state that you're not allowed to use images made with studio neo for commercial purposes (Patreon counts as commercial). So at any moment, if they so choose, Illusion can crack down on every game that uses their property, however unlikely that is. I would imagine, the worst-case scenario would be a cease and desist or a slap on the wrist.

As for modders, while it would be nice to credit them or express some kind of special thanks, I highly doubt it's expected. If you're worried about the community or modders thinking you're a "thief", I doubt anyone would. Especially if you're using Honey Select instead of pirating assets for something like Daz.

Thank you for your response as well. Are donations on Patreon that are simply for a creator's 'well being' not tied to a game in any sense viable? Or it's has to provide something in return? Maybe use other service? That is of course if anyone would want to donate.

 

[NoseBleeds]

Thank you for your response as well. Are donations on Patreon that are simply for a creator's 'well being' not tied to a game in any sense viable? Or it's has to provide something in return? Maybe use other service? That is of course if anyone would want to donate.

If I'm understanding correctly, you're asking whether it is viable to make a Patreon with general support as the incentive, rather than rewards? Unfortunately, I can't answer that question. I asked about something like that before and the responses were generally leaning towards the idea that they donate to support rather than for the rewards. If I had a Patreon myself, I would poll this question, but at least from what the community here has told me, they really just want to support a project they love.

 

[Meaning Less]

Are donations on Patreon that are simply for a creator's 'well being' not tied to a game in any sense viable?

Many people using HS are allowed on patreon so you probably are safe with that.

The thing that you would have to worry about more on patreon is controversial content like incest, rape and loli/shota. Those things usually are easy suspension if someone reports your game there. So if you don't plan to have those things you should be good.

You might want to also consider other services like subscribestar, buymeacoffe or just put your game on itch.io for free with the option of "accepting donations".

 

[baloneysammich]

Although, their Terms of Service state that you're not allowed to use images made with studio neo for commercial purposes (Patreon counts as commercial). So at any moment, if they so choose, Illusion can crack down on every game that uses their property, however unlikely that is. I would imagine, the worst-case scenario would be a cease and desist or a slap on the wrist.

One thing that us average folks often fail to understand is that a big part of ToS, licensing agreements, etc. is defining/protecting the rights of the assignor. So just because the ToS technically prohibits creating images for games doesn't mean Illusion ever had the intention of prohibiting that kind of thing across the board.

 

[Molvaeth]

One thing that us average folks often fail to understand is that a big part of ToS, licensing agreements, etc. is defining/protecting the rights of the assignor. So just because the ToS technically prohibits creating images for games doesn't mean Illusion ever had the intention of prohibiting that kind of thing across the board.

This.

As for HS, my personal assumption is that this passage in the ToS exists in order to be able to take action against a user with a i.e. highly ethical dubious project or something else that is capable of dragging Illusion in the mud.

 

[MaxImumVerStap]

Surely outfits can't really be copyrighted as they all come from a base place in reality, I think if it's exactly the same and keeps the same features then it could be but just having the same looking one is alright isn't it

 

[MaxImumVerStap]

Surely outfits can't really be copyrighted as they all come from a base place in reality, I think if it's exactly the same and keeps the same features then it could be but just having the same looking one is alright isn't it

I'm a big fan of outfits in games aswell I like it more than the full nude stuff

 

[McAron]

Thank you for all your replies. I am planning to include such dubious content as incest, rape and MAYBE loli/shota. The latter probably later as an optional patch. Having in game warnings and options to turn it off does not count and it can be reported?