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Fangaming legal?, The dispute is ON!

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SonicProject

Posted: Apr 13 2006, 06:29 PM

Finkrats that I spit on know not of the cool I have.
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QUOTE (King Bobo @ Apr 12 2006, 02:10 PM)

Most companies don't bother with it.

To further explain my point, it's why fanart and fanfiction is so common nowadays.

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SNF	Posted: Apr 13 2006, 06:42 PM
Spiteful crow attacks! Group: Members Posts: 3281 Member No.: 730 Joined: 15-December 04 Status: (0d)	Yeah, i know it's been stated, But.. It's only illegal if you sell it, the Use of a copyrighted character in a non-profit manor is Perfectly legal. Making alot of hentai sites Very illegal. -------------------- SuperNesFreaks Signature Cool Sites ¯\(º_o)/¯

Draco Icebane

Posted: Apr 13 2006, 06:45 PM

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QUOTE (Kitsune Yamato @ Apr 13 2006, 03:26 PM)

But remember next time, if we can't ever use Mario, Sonic, or Megaman ever again for anything, you always have Kitsune, Tyrone, Karashi, Jiro, and the others to fall back on

Unless what you are sued for prevents you from doing so

Retriever II

Posted: Apr 13 2006, 07:09 PM

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QUOTE (TheSoulBlazer @ Apr 13 2006, 07:42 PM)

Yeah, i know it's been stated, But..

It's only illegal if you sell it, the Use of a copyrighted character in a non-profit manor is Perfectly legal.

Making alot of hentai sites Very illegal.

False.

Non-profitability by itself is not sufficient to satisfy the fair use act.

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SNF

Posted: Apr 13 2006, 08:48 PM

Spiteful crow attacks!
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QUOTE (Retriever II @ Apr 13 2006, 07:09 PM)

False.

Non-profitability by itself is not sufficient to satisfy the fair use act.

Some-what false, Reigonal differences, Canada it's allowed.

Aslong as it isn't Public advertizement.

This post has been edited by TheSoulBlazer on Apr 13 2006, 08:48 PM

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Nicholas Ainsworth

Posted: Apr 13 2006, 09:04 PM

cue fanfare
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QUOTE (Draco Icebane @ Apr 13 2006, 06:45 PM)

Unless what you are sued for prevents you from doing so

Come on, they'd sue me for using my own characters?

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Draco Icebane

Posted: Apr 13 2006, 09:06 PM

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QUOTE (Kitsune Yamato @ Apr 13 2006, 06:04 PM)

Come on, they'd sue me for using my own characters?

No, but if they sue you for a large sum and you go to debtor's prison you won't be writing no big-eared fluffy fox stories that's for damn sure

BlazeHedgehog

Posted: Apr 14 2006, 04:24 AM

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QUOTE (TheSoulBlazer @ Apr 13 2006, 04:42 PM)

Yeah, i know it's been stated, But..

It's only illegal if you sell it, the Use of a copyrighted character in a non-profit manor is Perfectly legal.

Making alot of hentai sites Very illegal.

But what I've been saying this entire topic is that this is wrong. It's ALWAYS illegal, but selling your games just gives them probable cause to actually take legal action and expect to win a sizable some of money from your case.

Just because they don't take legal action doesn't mean it's legal.

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jasonorme666	Posted: Apr 14 2006, 05:02 AM
www.jsofts.com Group: Members Posts: 1787 Member No.: 35 Joined: 13-October 03 Status: (0d)	I said the same thing as Soulblazer.. and I do still beileve that what I originally said it true. I think the point of this discussion is there is no real answer, you can debate about this for aslong as we want, but there is no solid evidence or fact that says its either legal or illegal. This post has been edited by jasonorme666 on Apr 14 2006, 05:03 AM -------------------- . . . . . . . . .. . . . . . . .

BlazeHedgehog

Posted: Apr 14 2006, 05:36 AM

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QUOTE (jasonorme666 @ Apr 14 2006, 03:02 AM)

I said the same thing as Soulblazer..

and I do still beileve that what I originally said it true.

I think the point of this discussion is there is no real answer, you can debate about this for aslong as we want, but there is no solid evidence or fact that says its either legal or illegal.

You're right; there is no evidence. Except... um... United States Law. From the Wikipedia article on Copyright:

QUOTE

Several exclusive rights typically attach to the holder of a copyright:

* to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
* to import or export the work
* to create derivative works (works that adapt the original work)
* to perform or display the work publicly
* to sell or assign these rights to others

The phrase "exclusive right" means that only the copyright holder is free to exercise the attendant rights, and others are prohibited from doing them without the consent of the copyright holder.

In otherwords: If you hold a copyright, you have exclusive rights to modify, copy, display and sell the copyrighted item. Anyone who does not have rights to the copyrighted item, is prohibited (denied) from modifying, copying, displaying, and selling the copyrighted item.

99.9% of fancreators do not have these rights, therefore, they are prohibited, by law, not to do that stuff. However, as I've been saying all along, it really depends if the company wants to waste the time and money to seriously consider what you're doing as a basis for a lawsuit.

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jasonorme666

Posted: Apr 14 2006, 08:13 AM

www.jsofts.com
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QUOTE (BlazeHedgehog @ Apr 14 2006, 10:36 AM)

You're right; there is no evidence. Except... um... United States Law

It's a good thing I live in the UK then. Isnt it?

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SNF

Posted: Apr 14 2006, 09:23 AM

Spiteful crow attacks!
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QUOTE (BlazeHedgehog @ Apr 14 2006, 05:36 AM)

You're right; there is no evidence. Except... um... United States Law.

Canadian here.

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BlazeHedgehog	Posted: Apr 14 2006, 09:57 AM
Perpetually procrastinating Group: Members Posts: 163 Member No.: 119 Joined: 31-October 03 Status: (0d)	Don't get technical on me. ;P --------------------

Draco Icebane

Posted: Apr 14 2006, 11:49 AM

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QUOTE (jasonorme666 @ Apr 14 2006, 05:13 AM)

It's a good thing I live in the UK then. Isnt it?

If UK is a treaty country with the US, United States copyrights law still applies

Xgoff

Posted: Apr 14 2006, 04:48 PM

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QUOTE (Draco Icebane @ Apr 14 2006, 10:49 AM)

If UK is a treaty country with the US, United States copyrights law still applies

And even if it didn't, our government would make sure it DID

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