Legality of using porn images/gifs in games.

[thedude2866]

This is something that I have been wondering for quite a bit now, and its not exactly an easy thing to try and look up, but what is the general legality of using images or gifs of porn that people end up putting into their games, and then being paid for it through things like patreon? I would assume that there is some copyright going on there, but it seems that there are a lot of people doing this which is what makes me question it.

Is putting a disclaimer that you'll remove said image/fig enough to prevent getting sued? Or do the porn companies just not care enough to actually sue anyone over it?

 

[Count Morado]

This is something that I have been wondering for quite a bit now, and its not exactly an easy thing to try and look up, but what is the general legality of using images or gifs of porn that people end up putting into their games, and then being paid for it through things like patreon? I would assume that there is some copyright going on there, but it seems that there are a lot of people doing this which is what makes me question it.

Is putting a disclaimer that you'll remove said image/fig enough to prevent getting sued? Or do the porn companies just not care enough to actually sue anyone over it?

Unlike most legal questions where the answer is "it depends," It is a breach of copyright law.

Here's a 2+ year old thread to explain, rather than rehash. 79flavors and toolkitxx make the proper arguments.

 

[thedude2866]

Unlike most legal questions where the answer is "it depends," It is a breach of copyright law.

Here's a 2+ year old thread to explain, rather than rehash. 79flavors and toolkitxx make the proper arguments.

Oh thanks for the link, I did trying to find something like it on here but I guess my search phrases didn't work.

 

[toolkitxx]

The short version: If someone else created it you dont have a copyright thus it is illegal. Disclaimers are not enough.

Legally speaking: A disclaimer is a specific legal necessity for certain cases. You cant just make one up and assume you are legally safe. Disclaimer need to be on certain sites and documents by law. Placing a disclaimer does not relieve you from legal responsibilities. You can still do something that breaks the law even if you have a perfect disclaimer. Disclaimer are meant to reduce risk but not to eliminate it totally.

 

[thedude2866]

Yeah I had a read through the link from 2+ years ago, one thing that I still didn't fully understand is that what the ramifications are for people who do end up getting noticed, do they just have to shut down their project? I would assume they probably have to pay some fee as repayment.

 

[toolkitxx]

Yeah I had a read through the link from 2+ years ago, one thing that I still didn't fully understand is that what the ramifications are for people who do end up getting noticed, do they just have to shut down their project? I would assume they probably have to pay some fee as repayment.

As i wrote in that thread too - it depends on the infraction and the copyright owner. They cant just demand whatever they want - they are also bound by laws how this works. Very much depending on the type and size of damage caused etc - this usually requires them to state the damage , allowing you to agree or deny and fight against it and so on. Most copyright holders will take action in steps - so in cases where the commercial value is low or limited they will ask to seize continuation of usage - that's what you call take down. So you simply have to remove that media but the rest of the project is not touched by it.

As i state in the other thread - there is a huge difference between a project that is free but uses that kind of material and monetized projects. Any kind of monetized project has to expect heavier measures taken than the former version. When you monetize they can use that as extra factor in calculation of the damage caused by your usage. A non-montized project does not have that part thus damage calculated is usually lower and leads to lesser risk - but doesnt change that it is illegal to do so in the first place. So putting it on patreon - very bad idea. Taking donations for your work - between shady and very risky.

P.S: Patreon's ToS explicitly states that you cant offer anything based on stuff that you dont have copyrights for. So if a copyright owner notifies Patreon about their rights your account will most likely be supsended right away.

 

[thedude2866]

Yeah I understand that its shady, I just wanted to clear it up since I've been thinking of starting my own games, however I do not have any art skills at all so it seemed like a possible starting place.

 

[toolkitxx]

Yeah I understand that its shady, I just wanted to clear it up since I've been thinking of starting my own games, however I do not have any art skills at all so it seemed like a possible starting place.

I am purposely not giving you advice how to decide - that is up to each individual. But one should be informed enough about the implications of ones decision before actually making it. There are many examples of games etc that use real pictures and movies and not have had problems . Yet. You have to make a risk assessment

 

[thedude2866]

I am purposely not giving you advice how to decide

I was hoping for maybe some magical advice on how to make art but obviously no such luck

 

[toolkitxx]

I was hoping for maybe some magical advice on how to make art but obviously no such luck

Let me argue in terms of a business here: It is wrong to assume you can make money out of nowhere. If you expect to make proper money with limited risk than you need to invest. If you cant invest into an artist than you have to either drop your idea or find alternatives. If the alternative changes your risk you need to reconsider your business model.

 

[thedude2866]

Well my goal isn't to end up making money, that would just be a possible nice by-product, which is why I would rather learn something myself rather than pay someone else to do it.

 

[toolkitxx]

Well my goal isn't to end up making money, that would just be a possible nice by-product, which is why I would rather learn something myself rather than pay someone else to do it.

Only one way to do that Simply start somewhere - science says every time you learn something the next time you need to learn something is going to be easier.