brontanius Wrote:I personally ain't going to say much but I'm not sure if what you are doing is really legal. No consequence of mine though, gonna try the game when i get back.
snakevenom386 Wrote:brontanius Wrote:I personally ain't going to say much but I'm not sure if what you are doing is really legal. No consequence of mine though, gonna try the game when i get back.
I like the game so far, but I'm afraid I'll have to agree with him. my recommendation would be to take out all the "lend" pictures ASAP, since you're now making (or at least trying to make) money off of this, and it would therefore probably constitute as theft or somesuch thing.
That being said, I'm no legal expert, so take that as you will.
brontanius Wrote:
snakevenom386 Wrote:
Zaiaku666 Wrote:.
kildar Wrote:The game is a lot of fun and surprisingly complete (as in everything works, there are just sections you can't access yet)
It does need more content, but for a V0.2 its fairly good.Spoiler (click to show/hide):
Zaiaku666 Wrote:snakevenom386 Wrote:brontanius Wrote:I personally ain't going to say much but I'm not sure if what you are doing is really legal. No consequence of mine though, gonna try the game when i get back.
I like the game so far, but I'm afraid I'll have to agree with him. my recommendation would be to take out all the "lend" pictures ASAP, since you're now making (or at least trying to make) money off of this, and it would therefore probably constitute as theft or somesuch thing.
That being said, I'm no legal expert, so take that as you will.
What a lot of people misinterpret about Patreon is that it's a money making scam. While yes, some patreon users do make enough from pledges to support themselves on it, patreon in concept is no different that a NPO doing a pledge drive to hire contractors to renovate a historical site or something similar. That's why it's called pledging and not donating or investing. In the end using Patreon to be able to commission artwork or hire coding specialists, or etc. is well above broad. Even so, as an adult "parody" of Zero no Tsukaima, as you said, the legal line is very fine and blurry but should still be protected under fair use. However, I too am not a legal professional so my advice may be misinformed.
Kurushimi Wrote:
What you're doing is unlawful. You are earning money on somebody else's intellectual property (both FoZ and the images). You're in the unfortunate position that you are earning money, but not enough to pay for a good lawyer, so a fair use defense is unlikely to work. At the very least, make sure nobody ever has to pledge to get anything related to the game, and you'll be able to claim it's a side project that you're not earning money on, and save the ransom for original work.
Again: What you are doing is unlawful. "I'm not earning money on it" is not a valid defense, and would almost guarantee a ruling against you in the case of a lawsuit.
Clarification: This comment is about the law, not my opinions.
Yamemai Wrote:Kurushimi Wrote:
What you're doing is unlawful. You are earning money on somebody else's intellectual property (both FoZ and the images). You're in the unfortunate position that you are earning money, but not enough to pay for a good lawyer, so a fair use defense is unlikely to work. At the very least, make sure nobody ever has to pledge to get anything related to the game, and you'll be able to claim it's a side project that you're not earning money on, and save the ransom for original work.
Again: What you are doing is unlawful. "I'm not earning money on it" is not a valid defense, and would almost guarantee a ruling against you in the case of a lawsuit.
Clarification: This comment is about the law, not my opinions.
It actually depends on how you look at it; take for instance doujindoujinshi/dojin/dojinshi -- they are also parodies, but are allowed to be sold, albeit barely. -- What he is doing is similar, as he stated he is only using patreon to get fund to hire an artist, or more, to make art for the game.
As long as he has a disclaimer it should be fine
Link to Wikipedia's section on Fair Use and ParodySpoiler (click to show/hide):
Yamemai Wrote:It actually depends on how you look at it; take for instance doujindoujinshi/dojin/dojinshi -- they are also parodies, but are allowed to be sold, albeit barely. -- What he is doing is similar, as he stated he is only using patreon to get fund to hire an artist, or more, to make art for the game.
As long as he has a disclaimer it should be fine
Link to Wikipedia's section on Fair Use and ParodySpoiler (click to show/hide):
Kurushimi Wrote:Yamemai Wrote:It actually depends on how you look at it; take for instance doujindoujinshi/dojin/dojinshi -- they are also parodies, but are allowed to be sold, albeit barely. -- What he is doing is similar, as he stated he is only using patreon to get fund to hire an artist, or more, to make art for the game.
As long as he has a disclaimer it should be fine
Link to Wikipedia's section on Fair Use and ParodySpoiler (click to show/hide):
Disclaimers are not get out of jail free cards. A fair use defense could work, but I wouldn't depend on it: More information on fair use
It's not very transformative, the original is fiction, the entire world is taken, but at least there's not a significant market for this.
I'm not saying this game shouldn't be made - I like it and want more. I just want the creator to be properly informed about the legal issues involved.
The good news is that a lot of companies open with a cease & desist instead of a lawsuit.
Yamemai Wrote:I remember reading somewhere that the original author of Zero died, and his, unfinished work, was 'finished' by someone else and published, lol. (This means that the ending is kinda 'fandom'.)
He'd need one for age and that it's an 18+ work already, so might as well the extra mile.
waterdrop Wrote:I also completely forgot about the 18+ disclaimer, it'll make sure to add it on the next build!
That said, since none of us is a lawyer and internet rules are really shady, could you discuss the game instead?
waterdrop Wrote:I also completely forgot about the 18+ disclaimer, it'll make sure to add it on the next build!
That said, since none of us is a lawyer and internet rules are really shady, could you discuss the game instead?
Kurushimi Wrote:What you're doing is unlawful. You are earning money on somebody else's intellectual property (both FoZ and the images). You're in the unfortunate position that you are earning money, but not enough to pay for a good lawyer, so a fair use defense is unlikely to work. At the very least, make sure nobody ever has to pledge to get anything related to the game, and you'll be able to claim it's a side project that you're not earning money on, and save the ransom for original work.
Again: What you are doing is unlawful. "I'm not earning money on it" is not a valid defense, and would almost guarantee a ruling against you in the case of a lawsuit.
Clarification: This comment is about the law, not my opinions.
brontanius Wrote:
Yamemai Wrote:
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