Legal Terms About Content

[KoutaruArts]

Halo Guys!~ sorry for bothering I'm a artist Interested or better said thinking of making fan projects as related to Games or anime related for ex. Genshin Impact problem is, it is legal to create Ero-Game base of something that already exist let said I make a H-Game about Raiden Shogun will I be in any problem? and what content moderation shall I have? if can even provide the law reference number it would be awesome the laws that apply are from US mainly would appreciate too any other that law I would have to kept in mind, I just wanna make content of my favorite stuff but not get into trouble, thanks guys and sorry for bothering ya. Hope ya all a Awesome Day!~

 

[GreenGobbo]

NOT A LAWYER/NOT LEGAL ADVICE buuuuuuuuuut...

Pretty sure it would fall under a combination of protections provided by the 1st Amendment's Freedom of Speech section and the copyright laws Free Use and Parody sections discussing the transformative nature of your work vs the original copywrite protected works.

Don't know the particular law codes myself, but I doubt they'd be that hard to find with a simple google search or two.

 

[MissFortune]

let said I make a H-Game about Raiden Shogun will I be in any problem?

Chances are that it won't ever get big enough for the studio/company to see it. Not unless you start seeing a notable monetary gain from the project, or it gets big enough that the company/studio starts to fear that it'll hurt the reputation/representation of said project. But again, that would be unlikely. It hasn't happened yet (short of Sisterly Lust under different circumstances.)

That said, the worst-case scenario is almost exclusively going to be a C&D/DMCA takedown. It'll get worse if you ignore, though. And it's unlikely something like this will fall under Fair Use. Lawyers would have a field day with it, if it ever came to that. All that condensed, though? It's unlikely you'll ever see a C&D/DMCA takedown, with or without financial gain form the project. If you don't plan on making money off of the project, then those odds go even lower I'd presume. Just stay away from Nintendo and/or Disney, and you'll be good. Probably.

 

[doku99]

Chances are that it won't ever get big enough for the studio/company to see it. Not unless you start seeing a notable monetary gain from the project, or it gets big enough that the company/studio starts to fear that it'll hurt the reputation/representation of said project. But again, that would be unlikely. It hasn't happened yet (short of Sisterly Lust under different circumstances.)

That said, the worst-case scenario is almost exclusively going to be a C&D/DMCA takedown. It'll get worse if you ignore, though. And it's unlikely something like this will fall under Fair Use. Lawyers would have a field day with it, if it ever came to that. All that condensed, though? It's unlikely you'll ever see a C&D/DMCA takedown, with or without financial gain form the project. If you don't plan on making money off of the project, then those odds go even lower I'd presume. Just stay away from Nintendo and/or Disney, and you'll be good. Probably.

What happened with Sisterly Lust?

 

[MissFortune]

What happened with Sisterly Lust?

You must be registered to see the links

That about covers most of it, iirc.

 

[doku99]

You must be registered to see the links

That about covers most of it, iirc.

That just seems like amazing publicity lol.

 

[MissFortune]

That just seems like amazing publicity lol.

It basically was, because the case didn't involve them. It was the whole Apple v Epic thing, but it got dragged into it. I was just saying that's basically the only time an adult VN has gotten brought up at a mainstream and/or legal level, not that it was in any trouble.

But say a game featuring One Piece, Naruto, or Dragonball Z characters were brought up in a situation like this. Who do you think is suddenly made aware of it? Most likely, those studios, and their action would likely be pretty quick. But again, it's unlikely that it would happen. Especially if the developer isn't making little to no money on it.

 

[markus T]

You must be registered to see the links

That about covers most of it, iirc.

Reading all of that was infuriating lol....that attorney can choke on a big bag of dicks

 

[OMGMCM]

Halo Guys!~ sorry for bothering I'm a artist Interested or better said thinking of making fan projects as related to Games or anime related for ex. Genshin Impact problem is, it is legal to create Ero-Game base of something that already exist let said I make a H-Game about Raiden Shogun will I be in any problem? and what content moderation shall I have? if can even provide the law reference number it would be awesome the laws that apply are from US mainly would appreciate too any other that law I would have to kept in mind, I just wanna make content of my favorite stuff but not get into trouble, thanks guys and sorry for bothering ya. Hope ya all a Awesome Day!~

this gets asked alot and in reality there is no such thing as fair use, becuase if a company like lets say disney or nintendo thinks your using one of their characters etc and making money from it even if it does fall under fair use are you really going to be able to afford to go to court over it. Probably not. There are work arounds though i have heard of some games getting DMCA claimed and they have managed to keep makning the game if they change the name of it if that had something copyrighted and also changing the names of the characters. Some companies seem fine with doing this but its one of those grey areas where its person to person

 

[MissFortune]

this gets asked alot and in reality there is no such thing as fair use

Fair use is 100% a thing.

The issue in this medium is that it often includes monetary gain and is viewed as 'offensive content', which in law-speak basically means, "this looks like our product, and thus could be harmful to our reputation or representation.". So, say a little girl sees Cinderella on a game, she downloads it and sees a bunch of Disney princesses being fucked. That company suddenly becomes liable for 'damages' (short for a money-hungry family looking for a few hundred grand in a settlement.). Even if they don't get sued over it, their reputation takes a hit. It goes far deeper than that, but the point remains the same. A porn game is damaging to the glistening reputation of Disney, which would inherently break one of the 'four rules' of parody/fair use laws.

Without fair use, you don't get Weird Al. Without fair use, you don't get Shaun of The Dead. Without fair use, you don't see tutorials on how to draw a certain character or how to play a certain song. The fair use argument only works under the condition that works are transformative. Book/Music Reviews are allowed to use lines/quotes word for word as it is a critical work and thus transformative. Same goes for things like parody music (licensing is a different story) and tutorials. Parodying art is an inherently broken argument, though. Artists can cry and cry, and they'll usually win. Only because there's often no defined line for what defines 'fair use' in the case of parody works. It works judge by judge (and often by how much their palms were greased prior). They know that parodies take some amount of work to comically ridicule a genre or work of fiction, but how much is too much? That's what makes copyright and fair use laws such a dirty gray area to work through. Absolutely everything is vague, and it's done entirely on purpose.

But court? That isn't the reason it never happens. Especially in the case of a game, it'll very much likely never get that far. Unless the dev/artist really believes it falls under fair use (which it likely won't, seeing as porn is hardly considered 'transformative'.), most smart devs in this medium are just going to bend the knee and take the DMCA/C&D.

Edit: Why did this get facepalm'd exactly?

 

[Amjdfattali12]

Fair use is 100% a thing.

The issue in this medium is that it often includes monetary gain and is viewed as 'offensive content', which in law-speak basically means, "this looks like our product, and thus could be harmful to our reputation or representation.". So, say a little girl sees Cinderella on a game, she downloads it and sees a bunch of Disney princesses being fucked. That company suddenly becomes liable for 'damages' (short for a money-hungry family looking for a few hundred grand in a settlement.). Even if they don't get sued over it, their reputation takes a hit. It goes far deeper than that, but the point remains the same. A porn game is damaging to the glistening reputation of Disney, which would inherently break one of the 'four rules' of parody/fair use laws.

Without fair use, you don't get Weird Al. Without fair use, you don't get Shaun of The Dead. Without fair use, you don't see tutorials on how to draw a certain character or how to play a certain song. The fair use argument only works under the condition that works are transformative. Book/Music Reviews are allowed to use lines/quotes word for word as it is a critical work and thus transformative. Same goes for things like parody music (licensing is a different story) and tutorials. Parodying art is an inherently broken argument, though. Artists can cry and cry, and they'll usually win. Only because there's often no defined line for what defines 'fair use' in the case of parody works. It works judge by judge (and often by how much their palms were greased prior). They know that parodies take some amount of work to comically ridicule a genre or work of fiction, but how much is too much? That's what makes copyright and fair use laws such a dirty gray area to work through. Absolutely everything is vague, and it's done entirely on purpose.

But court? That isn't the reason it never happens. Especially in the case of a game, it'll very much likely never get that far. Unless the dev/artist really believes it falls under fair use (which it likely won't, seeing as porn is hardly considered 'transformative'.), most smart devs in this medium are just going to bend the knee and take the DMCA/C&D.

Edit: Why did this get facepalm'd exactly?

Disney has already got a very bad reputation, especially among Muslims, because it publishes materials claiming perversion

 

[Vanderer]

Without fair use, you don't get Weird Al.

Weird Al do ask for permission for his parodies. He knows that it is his right to parody, but feels like it's the right thing to do.

Other than that I agree with your post. The law is sadly on the side with the costly teams of lawyers...