Copyright questions.

[boobshi]

Hi, noob here. I'm planning to create a game using Ren'py and TES5 - Skyrim. It will be a free game that I will upload onto here when I'm finish. My question is that I'm I allow to that do it?
1. Can it get taken down because I'm using screenshot from Skyrim even though it's so heavily modded that it doesn't look like the original?
2. If it's a clothing mod for Skyrim, but it's from another game, say Dark Soul or Black Desert. Will I still get in trouble with DS or BDO, even though the screenshot itself is in skyrim?
3. For in-game sound, can I use generic sound from Skyrim or Witcher. For example sword clashing or swing sound?
4. I know I can't use official sound track from other games, but can I use music that's included from mods like

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5. If story are influenced from other games and stories, do where do I acknowledge that? Also what happen if I don't remember where I got mods from since I have been hording mods from every nooks of the internet? Can I just do a general thanks for all mod and contents creators?

 

[Yngling]

Important disclaimer: I'm not a lawyer and this is not legal advise.

I strongly suggest you do speak to a lawyer if you want to pursue this.

Personally I do think that if you use a program (especially something like Skyrim) for this purpose, you are breaking copyright law, and I suppose it is possible that the copyright owners at least force you to stop and possibly also sue for damages.

There is some "case history" when it comes to indie devs using Honey Select, which is arguably better/easier/more logical/more common for making an adult game then Skyrim. I don't think it ever came to the court but as I remember it still wasn't really nice for those involved. You may want to read this thread:
https://f95zone.to/threads/fakku-love-hate-still-pending-resolution.35129/

I do think it also depends on how successful your project turns out to be. If it starts to make "serious" money, then you'd be more open to prosecution than if it is just a hobby. As long as you don't try to monetize this, you can also stay nearly anonymous.

 

[Wankyudo]

Hi, noob here. I'm planning to create a game using Ren'py and TES5 - Skyrim. It will be a free game that I will upload onto here when I'm finish. My question is that I'm I allow to that do it?
1. Can it get taken down because I'm using screenshot from Skyrim even though it's so heavily modded that it doesn't look like the original?
2. If it's a clothing mod for Skyrim, but it's from another game, say Dark Soul or Black Desert. Will I still get in trouble with DS or BDO, even though the screenshot itself is in skyrim?
3. For in-game sound, can I use generic sound from Skyrim or Witcher. For example sword clashing or swing sound?
4. I know I can't use official sound track from other games, but can I use music that's included from mods like

You must be registered to see the links

5. If story are influenced from other games and stories, do where do I acknowledge that? Also what happen if I don't remember where I got mods from since I have been hording mods from every nooks of the internet? Can I just do a general thanks for all mod and contents creators?

What is the test for fair use?

The fair use defense is now codified in Section 107 of the Copyright Act. The statutory formulation is intended to carry forward the fair use doctrine long recognized by the courts. The statute provides that fair use of a work “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use, scholarship, or research)” is not an infringement of copyright. To determine whether a given use is fair use, the statute directs, one must consider the following four factors:

• the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market for or value of the copyrighted work.

These factors are not exclusive, but are the primary—and in many cases the only—factors courts examine. The following questions consider each of these four factors in turn.

When it comes to copyright, just take each of those questions and ask yourself them. Am I doing this for profit, or am I doing a fan game?
Am I essentially republishing a copyrighted work without being transformative?
Is my program something that would deter people from purchasing the original work that I'm taking from?

If your answer is no to all three questions, then odds are it is counted as Fair Use.

 

[anne O'nymous]

If your answer is no to all three questions, then odds are it is counted as Fair Use.

And the IP owner depend on the US Law... Try to do this with Nintendo and you'll see that Law isn't the same in Japan.

It's the main point to remember when it come to Intellectual Property. While most countries respect the

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, each one had its own way to transcribe it in its own laws, and what apply for one country, do not necessarily apply in the same way for another.

 

[boobshi]

Important disclaimer: I'm not a lawyer and this is not legal advise.

I strongly suggest you do speak to a lawyer if you want to pursue this.

Personally I do think that if you use a program (especially something like Skyrim) for this purpose, you are breaking copyright law, and I suppose it is possible that the copyright owners at least force you to stop and possibly also sue for damages.

There is some "case history" when it comes to indie devs using Honey Select, which is arguably better/easier/more logical/more common for making an adult game then Skyrim. I don't think it ever came to the court but as I remember it still wasn't really nice for those involved. You may want to read this thread:
https://f95zone.to/threads/fakku-love-hate-still-pending-resolution.35129/

I do think it also depends on how successful your project turns out to be. If it starts to make "serious" money, then you'd be more open to prosecution than if it is just a hobby. As long as you don't try to monetize this, you can also stay nearly anonymous.

When it comes to copyright, just take each of those questions and ask yourself them. Am I doing this for profit, or am I doing a fan game?
Am I essentially republishing a copyrighted work without being transformative?
Is my program something that would deter people from purchasing the original work that I'm taking from?

If your answer is no to all three questions, then odds are it is counted as Fair Use.

I have no intention of making any financial gains from this, donation or service-wise. This is purely a passion VN that I want to make and will upload here for free. That's why I'm asking ahead if I'm able to do it before I make any commitment. I've seen a Ren'py project similar to what I'm trying to accomplish https://f95zone.to/threads/miris-corruption-v0-1-9-lewdanniemay.120329/ that's why I was asking. Assuming that's okay to use Skyrim as a base. My main concern is what happens if I use the firekeeper clothes mod from Dark Soul for Skyrim. Will that raise any red flags from Fromsoft?

I have tested out using HoneySelect 2 before, it didn't turn out as great as I thought. I've used Skyrim as my base for some movies before, so I feel much for comfortable using it to make a VN.

 

[Yngling]

I have no intention of making any financial gains from this, donation or service-wise. This is purely a passion VN that I want to make and will upload here for free. That's why I'm asking ahead if I'm able to do it before I make any commitment. I've seen a Ren'py project similar to what I'm trying to accomplish https://f95zone.to/threads/miris-corruption-v0-1-9-lewdanniemay.120329/ that's why I was asking. Assuming that's okay to use Skyrim as a base. My main concern is what happens if I use the firekeeper clothes mod from Dark Soul for Skyrim. Will that raise any red flags from Fromsoft?

I have tested out using HoneySelect 2 before, it didn't turn out as great as I thought. I've used Skyrim as my base for some movies before, so I feel much for comfortable using it to make a VN.

Well, there is "legal", there is "getting caught" and there is "punishment".

As long as you don't try to make money out of it, and if you are being smart about it, you can most likely avoid getting caught even if it's not exactly legal.

My feeling is that what you want to do is not exactly legal, but if you want to be as sure as you can, you will need a lawyer. Also because of what anne O'nymous and Wankyudo wrote.

 

[desmosome]

If you don't sell it or make a patreon, there is pretty much no risk. No one will give a shit, and even if they did, fair use claim becomes much stronger when there is no financial incentive.

 

[Doorknob22]

No one will give a shit.

This sums it all. We're too small and insignificant and the

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will probably deter anyone from making a move against you anyway.

 

[boobshi]

Thanks for all the input. I'll just go ahead and work on it. I don't mind it getting taken down, just as long as I don't sue or anything. On another note, if I upload it here, do I upload it myself or through one of the mods on this site?