Using moded Skyrim for VN visuals

[Deleted member 1063287]

I'm wondering if it would be okay (legaly speaking) if I created a visual novel using moded skyrim screenshots for the visuals. I wouldn't be monetizing my game in any way, the only thing I would do is upload it here for people to play.

 

[Saki_Sliz]

Yeah, it's legal.

when you make the image, you own the image. If you were to make a 3D game using skyrim models, the models belong to Bethesda (or mod author) and that wouldn't be ok.

It is why Daz (a common tool used for 3D art) you buy the characters and assets, but you don't need to pay royalties nor buy a licence to make images because an image is a different medium from the original content, made by you, so you have rights to it. In fact there are some people who make a living making breath taking screen shots and searching for game secrets because screenshot belong to the user. if you did use the 3D model in the final export of the game, you may need a licence, which people like Daz allow.

 

[shark_inna_hat]

I'd say No.
A screenshot is a derivative work (reproduction in another medium of a original creative work), unless Bethesda wrote in the eula that you can use screenshots for whatever you want, they still own the copyright.
But on the other side: Nobody cares, go ahead, make the game.

 

[Winterfire]

It's neither yes or no, it highly depends on the context.

A classic example I have seen recently is people selling custom mousepads of any image of your choosing, if you choose a skyrim one, they are basically selling the image at least in part.

If you do it wrong and infringe some sort of copyright, you will be getting a cease and desist at most, there is a game floating in here which uses some skyrim images, dunno if it is still on going or not tho.
You can try.

 

[Deleted member 1063287]

Okay, since I'm getting mixed replies let me ask a different question. If a person wanted to make a visual novel purely for fun (no steam, patreon, kickstarter...) what would be the easiest way to do so?

 

[Saki_Sliz]

I'd say No.
A screenshot is a derivative work (reproduction in another medium of a original creative work), unless Bethesda wrote in the eula that you can use screenshots for whatever you want, they still own the copyright.
But on the other side: Nobody cares, go ahead, make the game.

"derivative work" = a different and separate work, owned by the maker (example: the original thread poster) and (at least in the USA, Canada, great Britain, Germany, India, Russia and China and most other 1st world counties) the maker has all rights to the piece. a EULA can't even touch derivative works since derivative works can't be owned by any other entity than the user who made the artwork (the screenshot). Entities like 3D mesh differ due to the fact that the 3D mesh itself is the medium of the content that is being owned and can be owned (using format principle). Either you follow different laws, or you have misinterpreted them. by your logic, all games that use Honey Select are thus illegal since they never make a statement about how images made using their product belong to the users (where daz tries to make this very obvious). While I could link law text, the web site requires you to have bought a permit to enter, so my only other justification is just that this is stuff I've had to face over the past 8 years. plus its like 12 am for me and I should go to sleep.

Okay, since I'm getting mixed replies let me ask a different question. If a person wanted to make a visual novel purely for fun (no steam, patreon, kickstarter...) what would be the easiest way to do so?

if you want to do it for fun, do what ever is easiest for you, or generates the best result. if you use skyrim a lot and familiar with the mods, go for it. some people use daz but that cost money, there is honey select, but you have to buy that, there are other simlar programs. I myself prefer Blender and port Daz models to blender because I like the work flow more. I've even gone to teh unity asset store to get stuff.

 

[Saki_Sliz]

17 U.S.C. §103(2). "[T]he copyright in a derivative work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.”

but a thing to note about 17 U.S.C. §103(2) is that this only pertains to the part of the derivative work that was made (or added on). So if you use someone's music in your video, the music itself is still owned by the other party, so 17 U.S.C. §103(2) does not apply to said video as a whole. Thus 17 U.S.C. §106(2) states it is up to the original owner to give out licenses to use the work ( which is what i believe shark_inna_hat was focusing on). As I have said, Bethesda owns the 3D model, and any images they made using it (such as promo art/video), but if a player took a screenshot, the entirety of the image belongs to the player because no part of the image reuses any other images that belong to anyone else. 3D model to 2D image voids any copyright claim (unless one whats to file for defamation if they don't like how the image is being used, and that is a hard case to make) because as 17 U.S.C. §103(2) states, "a derivative work ... does not ... enlarge the scope ... [of] ownership ... in the preexisting material." That means Bethesda can not claim ownership of any screenshots of their game (unless they themselves made the screenshot).

 

[recreation]

I'm wondering if it would be okay (legaly speaking) if I created a visual novel using moded skyrim screenshots for the visuals. I wouldn't be monetizing my game in any way, the only thing I would do is upload it here for people to play.

If you don't monetize it, nobody really cares, especially with skyrim. People are actively selling Skyrim mods, even on Steam, many mods have become paywalled...
To make it clear: it's not illegal and even if, beth doesn't give a shit about adult mods and people makting money with it, so why would they care about a simple VN?

 

[Deleted member 1063287]

Ok recreation and Saki_Sliz, you guys have convinced me. I'm gonna do it. I want to use something like Skyrim mostly cause I'm the type of person that would play a game and think up stories as I play, as opossed to actually planning, modeling and waiting for renders to be done.

 

[Saki_Sliz]

yay! I too suck at planning (or at least following through with my plans)

 

[lobotomist]

you could use a heavily modded pack so much that it doesn't look like skyrim at all. maybe one of the open source ports of morrowind and oblivion.