Create a new game: Copyright questions

[icecube17]

Hello, I am thinking of create a game, but I am not sure how copyright exactly work.
My idea is to do a free game and a Patreon account for take donations.
My questions are:
1) can I use a free version of RPGM (downloaded unlocked for free) ?
2) I am not good for create image, can I use CG that I found online or real porn photo?

The general questions is how work copyright if I don't sell the game but I ask for donations? Is possible to use material protected by copyright?

3) In this case can I release Alpha and Beta versions early only for donators? And extra contents (like cheats or extra mission) ?

I don't want to invest money for start, I want to try to create one game and see if it is good or not.

Thanks to everyone

 

[anne O'nymous]

1) can I use a free version of RPGM (downloaded unlocked for free) ?

If you find some car keys on the streets, near to the car it works with, do you think that you've the right to take the car then go for a run with it ? Of course not. It's not because the owner of the car lost his keys, that it wouldn't be theft to take is car.
Well, the exact same apply for RPG Maker. It's not because you found a pirated version of RPG Maker that you have the right to use it. And, by the way, it have nothing to do with copyright.

2) I am not good for create image, can I use CG that I found online or real porn photo?

Of course you can use it. It would be as illegal as using the pirated version of RPG Maker, but it's not the question you ask.
There's game creators on the scene that do this. I guess they know that at anytime Patreon (or whatever site you use for the donations) can kick them out. As well as they know that the rights owners of the material the used can sue them, and that they just agreed to take this risk to lost everything they own.

Of course the risk is low, but it exist and, yes, it can really cost them everything they own. The photographers can sue them, the models can sue them, and to some extend the different sites that bought the rights to use those photography can sue them.
Let's say that you use photography of five different girls, and need to pick on five different sets for each one, it's 25 photographers and 5 models, therefore 30 trials that you can possibly have to face. Do you have the money to cover the expenses for 30 trials, then pay whatever amount of money you'll be sentenced to pay ?
As I said, the risk is low ; so far, and to my knowledge, none of the creators working that way have had problems. But it doesn't mean that it will never change and/or that one model or photographer isn't starting to take action right now.
When you follow this approach, you've to accept that there's a risk, and that it can cost you more than you can imagine.

 

[icecube17]

Ok, I read somewhere that if I share for free material with copyright there are any legal consequences, but maybe I am wrong. The problem will be only if I sell it.
I ask it thinking of it like: I create a game, give it for free, and if somebody want can gift me some money; like this there are any copyright problem.
It is similar to share film on streaming, but how I say maybe I'm wrong.

In any case thank you for the answer

If you find some car keys on the streets, near to the car it works with, do you think that you've the right to take the car then go for a run with it ? Of course not. It's not because the owner of the car lost his keys, that it wouldn't be theft to take is car.
Well, the exact same apply for RPG Maker. It's not because you found a pirated version of RPG Maker that you have the right to use it. And, by the way, it have nothing to do with copyright.




Of course you can use it. It would be as illegal as using the pirated version of RPG Maker, but it's not the question you ask.
There's game creators on the scene that do this. I guess they know that at anytime Patreon (or whatever site you use for the donations) can kick them out. As well as they know that the rights owners of the material the used can sue them, and that they just agreed to take this risk to lost everything they own.

Of course the risk is low, but it exist and, yes, it can really cost them everything they own. The photographers can sue them, the models can sue them, and to some extend the different sites that bought the rights to use those photography can sue them.
Let's say that you use photography of five different girls, and need to pick on five different sets for each one, it's 25 photographers and 5 models, therefore 30 trials that you can possibly have to face. Do you have the money to cover the expenses for 30 trials, then pay whatever amount of money you'll be sentenced to pay ?
As I said, the risk is low ; so far, and to my knowledge, none of the creators working that way have had problems. But it doesn't mean that it will never change and/or that one model or photographer isn't starting to take action right now.
When you follow this approach, you've to accept that there's a risk, and that it can cost you more than you can imagine.

 

[cold_arctus]

1) can I use a free version of RPGM (downloaded unlocked for free) ?

Technically yes; legally no.

2) I am not good for create image, can I use CG that I found online or real porn photo?

No. Real porn is forbidden on Patreon.

3) In this case can I release Alpha and Beta versions early only for donators? And extra contents (like cheats or extra mission) ?

You can.

The general questions is how work copyright if I don't sell the game but I ask for donations? Is possible to use material protected by copyright?

No. Patreon is not a charity and you don't run a charity. There are no donations. The earnings you receive from Patreon is your income and in many countries it is taxable. If you don't declare the income from your game you commit tax fraud.

I don't want to invest money for start, I want to try to create one game and see if it is good or not.

If you can't or don't want invest your money into your project you already should give up.

 

[anne O'nymous]

Ok, I read somewhere that if I share for free material with copyright there are any legal consequences, but maybe I am wrong.

I don't know where you read this, but it's false.
Imagine that you own a pool in your front yard. Then, one day hotter than usual, a guy put a "free pool" in front of your house, pointing to your pool. Do you really believe that there would be no legal consequences for him, just because your pool is available (it's in the front yard), and he don't ask for money ?
The same apply for copyrighted materials. Unless explicitly stated otherwise you don't have the right to use it, whatever if you ask for money or not.

It is similar to share film on streaming, but how I say maybe I'm wrong.

You are wrong, but not for the reason you can think about ; sharing film on streaming is totally illegal.

 

[rayminator]

best thing to do is look at your country copyrights laws and internationals copyrights laws

every country have different laws

 

[icecube17]

I know that I have to pay tax on Patreon. The doubt in if it is considered commercial use or not. I'm thinking that use copyrighted material for non commercial purposes is legally but I am wrong.

So in the end I have at least pay RPGM and found a creator or some free CG to use...
Maybe there is some free version of program like rpgm?

 

[rayminator]

I know that I have to pay tax on Patreon. The doubt in if it is considered commercial use or not. I'm thinking that use copyrighted material for non commercial purposes is legally but I am wrong.

So in the end I have at least pay RPGM and found a creator or some free CG to use...
Maybe there is some free version of program like rpgm?

and again you will need to read your countries copyright laws we don't know where you are from or live so we will tell you what we know about our laws but you might be in a country with different laws then ours

rpgm is not free you have to pay one time fee to use it and assets like tilesets/plugins
renpy is free but you have to make your own assets

some countries will allow to use assets for non commercial purposes but you can't say that you made them and give the proper credits to the original creator and NOT to make money or take donation for it but that depend on the copyrights and if the original creator gives the okay for it

 

[anne O'nymous]

every country have different laws

Yes and no. For topics that, by definition, goes further than one country borders, those laws generally come from international treaties/conventions. The words of the Law will differ from one signatory country to another, but the spirit will be the one defined in the treaty/convention.
Therefore, unless he live in one of the ~15 countries that haven't signed the

You must be registered to see the links

, copyrights works in his country like they works in yours or mine. This mean that you own all rights the instants you create something, whatever it can be. And the only thing you need to enforce this ownership is to be able to prove your paternity over this creation ; by example, if you're a photographer and can show the negatives of the photo shot, it then make no doubt that you are the rights owner.

 

[coffeeaddicted]

The way i see it, if you need to ask yourself the question it's probably wrong already.

RPGM is commercial and you need to pay the $70 Dollars or whatever it is.
RenPy is free and is much safer to use in that regard.

As for assets, some are free and some don't. Well, most are don't.
I am sure that a lot of devs (my assumption) did not buy the assets. Or like me, buying some assets.
As for porn pics, they surely have copyrights on them. Just because you can download them does not make them free use.

Same for music or other images from the internet.

And yes, as Anne pointed out, there are treaties and most western countries bound together to go after violators.

 

[Tompte]

My game (brothel sim with custom created characters) relies heavily on erotic art of fictional characters (rule 34) so copyright is something I've thought about a lot.

This is how I rationalize my own position with regards to copyright:

• Ultimately, it's on the players to create character files and attach art to them. They could create a licenced character, like Samus Aran, or they could create their own OCs and, in theory, use their own art exclusively. It's up to the players how they share and distribute those files. I don't plan to host them myself.
• When I include copyrighted art (like npc portraits) within the game itself, I try to keep them to a minimum. I also make them easy to swap out, should the need present itself.
• I can art okay and most of the game's art is actually hand-crafted by me. (Safest, but takes time and work.) Some of it is repurposed art. Like, I made the town map using a screenshot from some old anime.
• I've purchased some assets and can freely use them for my purposes. (They were cheap and it's the best solution by far.)
• The vast majority of rule 34 art is provided by the artists themselves on art sites and social media, wanting it to be seen and shared, with the explicit condition that people credit them and won't profit from it. Still, it really comes down to the individual artist whether they are okay seeing their art in a game like mine and I would err on the side of caution. Should an artist or copyright holder reach out to me, I would definitely honor them.
• This is a very minor point, but I did add a credits field to the character creator so that artists can be credited if necessary.
• Finally, I'm putting the game out for free and I'm not going to profit from any of this. I don't have a freaking patreon. Making money was never the goal. If I were making a profit, I would be much more careful about what art I use and where it comes from.