Real Porn usage in a free game

[kajsqbwgvujiwbnkn]

I guess the main question of this thread is:
What's the current stance of using real porn material (pornstar images, porn clips) when it comes to copyright, - your game is free, but you have some sort of a crowdfunding platform, e.g. Subscribestar?

I'm interested to see how the authors of such projects, e.g. Apocalyptic World, Become Taxi Driver, Become Someone, The Company and others deal with this - do they license the usage, or just yolo it out hoping for the best?

 

[anne O'nymous]

[...] just yolo it out hoping for the best?

Copyright infringement do not depend on if you sell the game or not, nor does it depend on if you earn money or not, but on the fact that you use someone else intellectual property without authorization and make it publicly available, period.

The fact is that adult games using real porn generally don't attract to much public, and therefore they stay below the radar. Plus, their authors don't making much money, the cost of a lawsuit would be higher than what the right owner(s) would be able to get from it. Therefore, in practice the worse that there's to fear is to be asked, more or less nicely, to stop doing it.
But in theory you could loose everything you own if one day a right owner awake angrier than usual and decide to use you as example. The risk is really law, but not none existing.

 

[tretch95]

Read the following word, and think about what it could mean


COPY RIGHT


So... yeah this is about the right to copy stuff, while the sale as piracy is just an extra problem.
Like in those old DVDs and VHS videos where you get threatened with the FBI if you even think about making a copy or distributing it

(ironically a message that only the legal copy owners can see)

 

[Count Morado]

I guess the main question of this thread is:
What's the current stance of using real porn material (pornstar images, porn clips) when it comes to copyright, - your game is free, but you have some sort of a crowdfunding platform, e.g. Subscribestar?

I'm interested to see how the authors of such projects, e.g. Apocalyptic World, Become Taxi Driver, Become Someone, The Company and others deal with this - do they license the usage, or just yolo it out hoping for the best?

The use of images not licensed to developers is not allowed on itch, Patreon, Subscribestar, Steam, etc.

Beyond the copyright infringement:
The use of real people in pornographic content is not allowed on itch, Patreon, Subscribestar, Steam, etc.

On the sites you find it, it is because those sites don't normally review content being posted. The sites rely on people reporting developers who violate the rules and then they follow up on the reports, when they get the time. Eventually, they will get caught if they have any content in violation of the site's rules they are on - and is what we have seen with Patreon and now see with Steam and itch.

Like in those old DVDs and VHS videos where you get threatened with the FBI if you even think about making a copy or distributing it

You are able to do the first part - you can make a copy for archival/personal use - so as not to deteriorate the original --- unless there is actual anti-copying measures built into the media that make it impossible without specialized equipment/software.

The second part is correct - the moment you show it to or share it with or sell it to someone else, the distribution is illegal.