Real Porn copyright question

[sysblank]

Hi, I'm working on a game using real porn images, mainly from two porn movies as they fit what I need, the problem is that I am not sure how is the copyright handled, do I need to do anything about it or it doesn't matter since the game will be distributed as an archive? Can I add it to my patreon without worry?

 

[79flavors]

You simply can't use the images without technically breaking the law. (Assuming you're using movies from the USA - which they probably are; and you aren't willing to pay the copyright holders for a usage licence).

There are a number of tests under US law for determining copyright...
In theory, you aren't in competition and there is an argument to be made that since the copyright holders are making movies and you're making a game - you're operating in different markets... there's one of the tests possibly taken care of. If you were doing it without monetizing it - that would help... but you've specifically mentioned Patreon... so that would work against you. Another test would be if you were making a parody of the movie... again, I'm guessing no... so that's another thing against you.

In short... there's almost no way you could claim "fair use" in the way a YouTuber or streamer might. Which even if you could... probably wouldn't help you much if the production company decided to notice you.

But on a simpler level... the production companies have the money to go to court and you probably don't. Even if you were in the right (and you're not), you probably couldn't afford to do anything but agree an out of court settlement... and you'd need to pay a lawyer a lot of money to even get that far.

• *I am not a lawyer.
• ** I am not qualified to offer legal advice.
• *** You should see this as the uninformed opinion of a random grunt on the internet.
• **** If this shit comes back to bite you... Seek REAL legal advice.

All that said... You're asking on a website that includes a lot of copyrighted games, assets and animations.
If a site as large as this isn't being hassled... chances are a tiny game isn't going to draw much attention either. ( * ** *** ****)
There are games here using ripped off Daz3D assets.
There are ripped off Daz3D assets here.
There are games here using stills from movies - just like you're talking about.

Now a lot of the games and assets here are made by real people too... some of whom recognize that a site like this is as much free advertising as much as it is Captain Blackbeard. Some are also too small to think about courts and copyright. Some don't even realize their stuff has been made available here. Some are just happy that someone has seen their work. And every other combination of attitudes and agreement/disagreement as you can imagine.

By my very loose estimates there are over 180+ games here doing exactly what you're talking about.
If they can get away with it... chances are you will too. ( * ** *** ****)

Studios are notoriously rabid when they notice stuff. It's why so many so called "copyright troll" lawyers are chasing torrents of porn movies. But for any of that to happen... they have to notice you and your game first.
Which isn't to say some random nutball won't report your game to Patreon and get your funding kicked into limbo.

You could of course approach the copyright holders and pay a licence to use images from their movies. I can't imagine it being very much. (***)

 

[toolkitxx]

Hi, I'm working on a game using real porn images, mainly from two porn movies as they fit what I need, the problem is that I am not sure how is the copyright handled, do I need to do anything about it or it doesn't matter since the game will be distributed as an archive? Can I add it to my patreon without worry?

Copyright is copyright - doesnt matter if it is a drawing, text or real porn image.

Distribution of something has no influence of the content to begin with . It simply doesnt matter in terms of copyright just in terms of visibility for search engines etc.

Patreon - no. You are breaking the law when using other images that you dont have legal rights to use and Patreon TOS is very explicit about that kind of thing.

This is a general topic that many dont get. Using other people's stuff for making your own is sketchy to begin with. Trying to monetize on that is moving it out of sketchy into deep legal problems. Non-monetized stuff using other images will most probably get a pass when it comes to how serious a copyright holder will try to prosecute you. Any form of monetization will make you a prime target for the copyright holder.

Just because someone is getting away with something doesnt make it legal - another thing people keep mixing up. I use real life porn images and video too in my project but i am fully aware of the possible implication of being shut down at some point for doing so.

 

[armadillobob]

Copyright is copyright - doesnt matter if it is a drawing, text or real porn image.

Distribution of something has no influence of the content to begin with . It simply doesnt matter in terms of copyright just in terms of visibility for search engines etc.

Patreon - no. You are breaking the law when using other images that you dont have legal rights to use and Patreon TOS is very explicit about that kind of thing.

This is a general topic that many dont get. Using other people's stuff for making your own is sketchy to begin with. Trying to monetize on that is moving it out of sketchy into deep legal problems. Non-monetized stuff using other images will most probably get a pass when it comes to how serious a copyright holder will try to prosecute you. Any form of monetization will make you a prime target for the copyright holder.

Just because someone is getting away with something doesnt make it legal - another thing people keep mixing up. I use real life porn images and video too in my project but i am fully aware of the possible implication of being shut down at some point for doing so.

what about that jack o nine tails guy? latest incarnation of game is literally copyright infringement galore. hard to believe but it's true... not a single non-copyrighted image or audio file. even took images from guys on patreon. wasn't even his own game to begin, claimed a whole community's work as his own. yet the guy is making money from this game through patreon.

 

[toolkitxx]

what about that jack o nine tails guy? latest incarnation of game is literally copyright infringement galore. hard to believe but it's true... not a single non-copyrighted image or audio file. even took images from guys on patreon. wasn't even his own game to begin, claimed a whole community's work as his own. yet the guy is making money from this game through patreon.

Had this discussion already in a private communication and wont comment on details but this is a 2-folded thing:

Firstly there is a difference between a mod and a new product. A mod is by definition a derivative work based on something existing. The original work was made 'public domain' by the author which lead to the iterated versions that are the base for what is being worked on now. So derivative of derivatives. Asking for money for mods has always been an area of discussion and every single person has probably its own opinion about it. But it is not what sysblank was asking in his OP. He wants to make something new and is concerned about the copyright implications wheras the people you refer to are most obvious are not.

 

[armadillobob]

But it is not what sysblank was asking in his OP.

maybe. if everything in a mod is stolen including both code, title and even the thread itself is that still called copyright infringement? there must be a word that best describes a "work" where copyright infringement is on a whole new plane of existence.

speaking of thieves sysblank if you're going to create something here and abandon it don't be surprised if someone steals your work as well as your entire thread. that is what happened with jack-o-nine. nothing in the rules on this site saying you can't steal the work of another f95 game developer/modder.

He wants to make something new and is concerned about the copyright implications wheras the people you refer to are most obvious are not.

don't forget the loli porn. getting away on patreon stealing work from patreon users themselves and squeezing in a ludicrous amount of loli porn.

if sysblank doesn't mind doing a Jeff Epstein he can ask tips from these guys.