Create porn game is legal?

[lorenzovalla]

Hi guys, I'd like to create my own game and if this will make good results, I will try to open a Patreon then. About this game I have few questions:

1) Is it legal to create a porn game with pornstars/celebrities videos? (porn,fake,film/tv series scene)

2) Is it legal to create a porn with 'rape' scene with these actress/actors? Also, is it possible to open a Patreon with this kind of game? (included rapes)

Thank for the attention.

 

[Winterfire]

1. No
2. No

 

[xxx3me]

I don't think it's illegal at all. But about rap3 and pornography, Patreon have rules against it, I guess. I've seen some creators of porn games tagging it as "renders" or any other generic name.

From their guidelines

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:

"However, we have zero tolerance when it comes to the glorification of sexual violence which includes bestiality, rape, and child exploitation (i.e., sexualized depiction of minors). This is true for illustrated, animated, or any other type of creations. Patreon reserves the right to review and remove accounts that may violate this guideline.

We also do not allow other fringe sexual fetish creations, such as incest, necrophilia, or fetish creations that are hard to distinguish from non-consensual sex."

 

[anne O'nymous]

1) Is it legal to create a porn game with pornstars/celebrities videos? (porn,fake,film/tv series scene)

It's copyright infringement, and therefore illegal. Depending of the video/photo the models/actors can also sue you because you associate them to pornography.

2) Is it legal to create a porn with 'rape' scene with these actress/actors?

Yes and no. Most Western countries have laws against apology for crimes. Therefore, if your game rely around rapes, or have too much of them, it would be illegal. But one/two scenes for the purpose of the story would be legal.
Said other wise, you can show a character being raped, because the story need it (by example to establish her defiance against men), but you totally can't make a game where the MC would be a rapist.

Also, is it possible to open a Patreon with this kind of game? (included rapes)

Possible, yes. They don't verify every single creation on the site.
Secure, no. If you are reported, you'll feel their ban hammer.

 

[rocketMonkey]

1. you'll be selling videos that you don't own. It is illegal due to copyright issues.
2. Patreon disallows depiction of non-consent sex.

Its a double whammmy

 

[lorenzovalla]

Thanks you all for the replies. I only have another question, it is not allowed to create a porn game with rapes and publish it on Patreon, but can I create it a game with porn scenes and no rapes one and so publish it on Patreon? Thanks again

 

[UpAfterTen]

You need to have a good look at Patreon's policies and figure out what you can and can't do. As others have pointed out, rape/incest/extreme stuff is no bueno there.

Also a +1 for not using other people's assets if you're making money from it. That's asking for someone to send you a cease & desist.

 

[lorenzovalla]

You need to have a good look at Patreon's policies and figure out what you can and can't do. As others have pointed out, rape/incest/extreme stuff is no bueno there.

Also a +1 for not using other people's assets if you're making money from it. That's asking for someone to send you a cease & desist.

Mh I'm sorry but my english is restricted, what do u mean with the last phrase?

 

[UpAfterTen]

Mh I'm sorry but my english is restricted, what do u mean with the last phrase?

If you use other people's art or videos in your game they could sue you.

 

[lorenzovalla]

If you use other people's art or videos in your game they could sue you.

Oh yes, this was clear, thanks

 

[JustAnotherHuman7]

The answer to your question in the title: Yes, unless you live in some incredibly bigoted state, but from your name, you seem Italian like me, and although Italy is a bigoted state in many aspects, luckily we have not (yet) reached that point.

To answer the other three questions:
1- No, unless the porn star gives permission to reuse his/her material for commercial purposes as well.
2- Same thing as before, not if he/she doesn't give permission.
3- No, it goes against Patreon ToS.

 

[SharkHunter4]

Is it legal to turn Pornstar pictures into pixel art and use in game like that?
even if pornstar could prove that I used their original photos for editing, Is it still illegal if pixel art looks different?

 

[lemonfreak]

Is it legal to turn Pornstar pictures into pixel art and use in game like that?
even if pornstar could prove that I used their original photos for editing, Is it still illegal if pixel art looks different?

By recreating images in another form you are transforming the original art into something new which means it would pass fair use laws.

Those movie trailers people make that change the genre of the original pass and they literally take clips from the movie, eg


You recreating images in a different art style is a far bigger change and, since you'd be using porn, far less likely to get sued because there's no money in doing so. Evakiss, in her games GGGB and Our Red String, recreates real porn images using tracing and has been on Patreon for years with no problems

 

[SharkHunter4]

By recreating images in another form you are transforming the original art into something new which means it would pass fair use laws.

Those movie trailers people make that change the genre of the original pass and they literally take clips from the movie, eg


You recreating images in a different art style is a far bigger change and, since you'd be using porn, far less likely to get sued because there's no money in doing so. Evakiss, in her games GGGB and Our Red String, recreates real porn images using tracing and has been on Patreon for years with no problems

Thank you for your answer ❤

What if I make simple changes? Like
1. adding effects to a video.
2. Puting hat on pornstars head.
3. Turning dick blue (Don't like idea tho)
4. Puting tattoo on their body/removing if they have one.

Or

5. Changing background a little

From your response i think if i did all of that I would not have a problem, but what's the minimum I can change and get away doing it?