Copyright/Piracy related question

[holla12]

Hey,

Sorry if these questions have been asked on this site before but I need more info/details:

1) What if pirated assets were used from this site to create a VN game, and in future if the game does earn money it will then be used to purchase the genuine assets which were pirated for the game. Will that still cause legal issue in future? like if the purchase date of asset and game release date which initially used the pirated asset don't match? Can that lead account takedown?
2) Is it possible for the creator to find out if the asset used in the game is their or modified from one of their asset? Can they figure out if it was even pirated?
3) What if the game is available to download for patreon users right away and to public in a week or so, making it downloadable using file hosting websites. Will it make the game non-commercial as it is only accepting donation for the development of the game?
4) Which platform will be best for setting up an account while being as anonymous as possible about sharing personal information (like no government related document required for setting up account or anything similar PII if possible) , Patreon or SubscribeStar or any other?

Thanks in advance.

 

[Count Morado]

Hey,

Sorry if these questions have been asked on this site before but I need more info/details:

1) What if pirated assets were used from this site to create a VN game, and in future if the game does earn money it will then be used to purchase the genuine assets which were pirated for the game. Will that still cause legal issue in future? like if the purchase date of asset and game release date which initially used the pirated asset don't match? Can that lead account takedown?
2) Is it possible for the creator to find out if the asset used in the game is their or modified from one of their asset? Can they figure out if it was even pirated?
3) What if the game is available to download for patreon users right away and to public in a week or so, making it downloadable using file hosting websites. Will it make the game non-commercial as it is only accepting donation for the development of the game?
4) Which platform will be best for setting up an account while being as anonymous as possible about sharing personal information (like no government related document required for setting up account or anything similar PII if possible) , Patreon or SubscribeStar or any other?

Thanks in advance.

first, this site is not a legal advice site. If you truly have legal questions and are concerned about the ramifications of your actions, you should seek counsel from a licensed legal professional.

Everything below is common sense advice.

1. Depends. If it is found prior to purchase, and the IP owner feels they want to take action, they might. If after purchase, they may still decide to take action for funds earned prior to the purchase. Also, make sure any license purchased allows the use you are wanting.
2. Yes.
3. Donations are earnings. Also, what you are talking about is public use. For example, you are usually allowed to rip your CDs for archival purposes for private use. If you decide to share them with others then it becomes public use and you may violate copyright/IP laws. Money does not need to change hands, but when money does, it strengthens the case for the IP owner to seek recompensation.
4. Good luck with that. Most funding platforms require identity.

In the end, the likelihood of you being discovered of using assets without a license is very small. However, there is always a chance. And the more popular your product becomes and the more money you earn, the more likely you may get caught.

Also, Patreon does heed cease and desist notices sent to them by IP owners against developers using pirated assets when discovered.

 

[anne O'nymous]

In addition to Count Morado answer:

1) [...] Can that lead account takedown?

Here, no since it's a piracy forum. But anywhere else (Patreon, SubscribeStar, Steam, and even PayPal and co) yes, and it wouldn't just be a takedown, you would also be blacklisted by them and unable to ever create a new account in the future, even years later and for a totally unrelated reason.

3) Will it make the game non-commercial as it is only accepting donation for the development of the game?

To explicit what Count said, what is forbidden isn't to earn money from pirated assets, it's to use them for something else than pure private use. With "pure private use" meaning that it never ever leave your computer.
The instant you make a render with illegally acquired copyrighted content then print it for a flyer for you family only Christmas party, or send it to your girlfriend, or whatever that isn't "it is on my computer and only on my computer", it's a copyright infringement and you can be sued for it.

4) Which platform will be best for setting up an account while being as anonymous as possible about sharing personal information (like no government related document required for setting up account or anything similar PII if possible) , Patreon or SubscribeStar or any other?

If a platform permit you to operate this way, then it's a scam that you must avoid at all cost.

Those platforms operate financial transactions. They have to agree and comply to legal national and international regulations, and they MUST be able to prove that they were legally mandated to operate in your name. Plus, like it's adult content, they have the obligation to confirm that you are at age for this, else they could be prosecuted for lack of protection of minors.
And, obviously, all this mean that you have to provide your real identity, prove your age, and all. With "all" including any document mandatory for your country's tax authorities, because most of those platforms are in direct contact with them due to the service they provide.
But while they'll be fully transparent regarding your earning, they will not say why you earned this money.