HTML Porn Games with real porn

[zber]

My english not very well.
May i ask if i create a story has in a different world.
In this situation is count on derivative work.
Is that right.

Second if i make a statement of derivative work and list out all of the gif or porn star come from.
is that also count on derivative work.

 

[Loqic]

My english not very well.
May i ask if i create a story has in a different world.
In this situation is count on derivative work.
Is that right.

Yes.

I really tried my best, but I can hardly make heads or tails of what you're asking.
That you have to credit and post sources of the gifs when you're creating a game using pictures or something?

 

[zber]

Okay let try again.

i create a story , and the story have nothing same with Park Ranger. It just need the camp sex part.
So i using Wendy Whoppers pic in the internet and gif from Park Ranger in my story.
It must be Derivative work not plagiarism.
Am i right.

if i am wrong. I tag the gif from Park Ranger and using Wendy Whoppers as character.
That should be derivative work right?

 

[corinthiano]

Yes.

I really tried my best, but I can hardly make heads or tails of what you're asking.
That you have to credit and post sources of the gifs when you're creating a game using pictures or something?

I keep wondering why several developers create games with the same actresses ?

 

[79flavors]

It's not that simple.
Since you're talking about real porn images, I'll aim towards US law.

Firstly, "Fair Use" is an affirmative defense, not a legal right. It is basically a "Yes, I'm guilty... but..." defense. As such, it would not stop someone taking you to court - since it can only be argued in court. The usual strategy is to threaten court action, but offer a relatively small settlement fee.

You could think that if you took two images and photoshop'd them together, both images will have been transformed and therefore covered by fair use. Except companies and people have argued that you haven't actually changed the nature of the photo/image. It gets really messy and the only people who are guaranteed to win are the lawyers. (Unless you are

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).

Also actual transformation is only 1 of

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. The other parts include whether your use of the image usurps part of the market for the original, whether you are using the new image for profit, whether you are using the image for criticism/parody/news reporting and generally how much of the original work you've "borrowed".

Yeah, but mine's a game and their's is a video.... except both are visual adult stories told for sexual gratification.
... as I say, it gets messy.

Which is to say, yes, you would probably be on the wrong side of copyright law.

Now the good news... Nobody cares (yet)...
There are currently 142 HTML games here on F95 alone that use real life porn images. I would imagine this is only the tip of the iceberg, as other sites are more geared up towards HTML games.

For someone to get worried about it... someone has to notice the copyright infringement. Porn games are still only a tiny pool in an ocean of copyright infringement.