Distribution Beginner trying to understand rights

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CAREFACE

Guest
Hello everyone, I'm sorry if this is asked frequently (which I have no idea), but I've been reading about copyright stuff, which is very scary and a bit confusing, so I'll ask directly my doubts for direct answers about my project.

Soon I'll be showing to the world a prototype I've been working for a while, which means, it's not for commercial purposes, and just for general feedback.

So, first question:
If I post my game in here, at yoyo forums, does my game gets a guaranteed protection(copyrighted?) right away? giving me full 100% owner of the project and able to sue anyone who uses my material without my permission?

Two:
As I said, the game its just a show off, theres no profit from it and totally free to play. Everything in the game was coded and drawn by me, but, except, every sounds effects and music (which I took from various games and would be hard to mention them all).
So, if I clearly state a Disclaimer in it, clearly telling I do not own any sound effect/music, would that be OK?

Three:
The game is free, but let's say, I could had a button in the post to accept donations, does that turns my game a "profitable" product? Meaning that could be dangerous since I'm not using any sound/music of my own?


Thank you for your attention, looking forward for some of your wisdom.
Regards.
 

NightFrost

Member
The sounds depend on what type of license they come with. I wouldn't touch any kind of sound or music that was not distributed with a license (like Creative Commons) and especially not anything that was ripped from a game. I'm not sure if accepting donations makes something for-profit, but licenses may specify their use. For example if a CC license says noncommercial, then it cannot be used in products for commercial gain.
 
C

CAREFACE

Guest
Even thought for a non-profit, I have to learn the rights for each sound? R.I.P. Guess it will be a muted game.

I guess donations turning into a commercial gain makes sense.

What about, for instance, I created everything on my own, would yoyogames interfere on my donations? like sharing some % to them?

And just thinking out loud... what if, that I distort every sound, making them sound similar?
 
C

CAREFACE

Guest
Well, its kinda a let down, my game is packed with action, and playing it muted, it cuts the emotion of it.

I suck at sound editing, and I don't even own recording material. I'd rather just hire someone x)

Well, anyways, thank you very much for the answers. :cool:
 
C

CAREFACE

Guest
Unfortunately, it's how it is out there in the real world. People get cranky if you use their creations in your own game, without proper rights.

Maybe email the content creators. I'd imagine they'd be more than happy to let you use their assets in most cases. They'd probably be honoured and even encourage it. :)
That was actually exactly what was on my mind x) guess I'll give it a shot!
 
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Mark Hughes

Guest
In regards to #1 copyright is instant (in most - if not all - countries) but you should make it more visible. For example websites usually add "(C) 2017 Blah blah..", artists sign their name and year, and such. This is generally enough. :)

I'm sure you will also have community support behind you if someone was to take your intellectual property without permission.
 
C

CAREFACE

Guest
In regards to #1 copyright is instant (in most - if not all - countries) but you should make it more visible. For example websites usually add "(C) 2017 Blah blah..", artists sign their name and year, and such. This is generally enough. :)

I'm sure you will also have community support behind you if someone was to take your intellectual property without permission.
Good to know :D, thanks for the tip!

I just emailed 10 companies, thats how diverse in sounds my game is lul.
Now just hoping for the best ;)
 

Cpaz

Member
If all else fails, just use SFXR for the most basic of sounds, and find some tracker software for some (again) basic music. It's all pixelated, but it's better than nothing.
 

Niels

Member
Well, its kinda a let down, my game is packed with action, and playing it muted, it cuts the emotion of it.

I suck at sound editing, and I don't even own recording material. I'd rather just hire someone x)

Well, anyways, thank you very much for the answers. :cool:
There are plenty of websites that host license free sounds/music, so no need for a mute game :)
 
C

CAREFACE

Guest
If all else fails, just use SFXR for the most basic of sounds, and find some tracker software for some (again) basic music. It's all pixelated, but it's better than nothing.
Yeah, that is a very cool tool indeed! But 8 bit sound effects would look so weird on my project though! :D

There are plenty of websites that host license free sounds/music, so no need for a mute game :)
I know there is, but to replace around 100 new sound effects, is going to be a pain to find them (the right ones! I'm never satisfied until a specific sound effect FITs the action!) :D:D
 
A

anthropus

Guest
in the US there's "Fair Use" laws that allow for use of others' assets in your own if for reasons including and not limited to "criticism, comment, news reporting, teaching, scholarship, and research". id say about most games on here (no commercial interest or activity) would be ok under that law if they used other game assets.
https://www.copyright.gov/fair-use/more-info.html
 

Ninety

Member
What do you mean? Distort the 'commercial' sounds to make them your own? If they are modified enough that the creator can't tell that they are theirs then sure, if you can get away with it.
To be clear: it's illegal.

Unfortunately you don't have rights to use other people's work in your own projects unless the licence that work is distributed under specifically allows it. Certain Creative Commons licences allow this, as do a few custom ones, generally used by smaller or royalty free sites. However the vast majority of assets you'll come across aren't subject to such generosity.

Also, no, Fair Use does not cover stealing assets for your own creative works, except in very specific circumstances (usually related to reporting, critique, parody, etc.). If asset rips were okay under Fair Use, fan games wouldn't be subject to so many Cease & Desists. There's a lot of misinformation online about Fair Use, leading many people to assume that slapping a basic disclaimer on your work gives you licence to redistribute freely. (Hint: that's not how it works. At all.)

Game development involves a lot of work, including work that sometimes we don't yet have the skills to do. Sorry, but you're going to have to get used to that feeling. I think Lonewolff's post pretty much outlines the golden rule:

General rule I live by - If I didn't create it, I can't use it (unless I absolutely know otherwise).
 
C

CAREFACE

Guest
Also, no, Fair Use does not cover stealing assets for your own creative works, except in very specific circumstances (usually related to reporting, critique, parody, etc.). If asset rips were okay under Fair Use, fan games wouldn't be subject to so many Cease & Desists. There's a lot of misinformation online about Fair Use, leading many people to assume that slapping a basic disclaimer on your work gives you licence to redistribute freely. (Hint: that's not how it works. At all.)

Game development involves a lot of work, including work that sometimes we don't yet have the skills to do. Sorry, but you're going to have to get used to that feeling. I think Lonewolff's post pretty much outlines the golden rule:
Well, thats why I wanted to make sure, its not like I enjoy using other peoples work at all, definitely not. I think I'm just "panicking" a bit since I badly want to publish my prototype, and it looks like its missing all the audio when I thought it was ready to be set on public x)

All in all, I kinda expected this to happen.
 

Yal

🐧 *penguin noises*
GMC Elder
You could check out https://freesound.org/ and look for CC-BY (can be used commercially, but you need to credit who made them) or CC0 (copyright waived, anyone can use them any way they want) sounds, a lot of common stuff like footsteps and explosions are available in the hundreds there.

http://opengameart.org/ also has lots of stuff including music, and I've found a bunch of cool composers there; I download everything they make every once in a while. Check out Alexandr Zhelanov, for instance, he's making some really awesome ambient rock music.
 
Z

zendraw

Guest
concearning making your own stuff. the hard part is the learning part, otherwise it shuld be a fun and enjoyable activity. so dont be affraid to learn, you will be missing alot of fun.
 

kburkhart84

Firehammer Games
in the US there's "Fair Use" laws that allow for use of others' assets in your own if for reasons including and not limited to "criticism, comment, news reporting, teaching, scholarship, and research". id say about most games on here (no commercial interest or activity) would be ok under that law if they used other game assets.
https://www.copyright.gov/fair-use/more-info.html
Can you go into detail on this? Which part of that Fair Use Law applies to "Most games on here?"

Fair Use is about being able to do things like "Let's Plays" reviewing games(not exclusively of course), not about being able to integrate assets into other productions.

There are also laws about parody. But that isn't about using actual assets, rather trademarked things, like actual characters, etc... Something like the movie Spaceballs is parody, or songs by Weird Al. To do parody correctly, not only does it have to actually be parody, but you STILL have to be able to create all the assets on your own, although the idea of parody can include it "looking like/sounding like" something else. I guarantee Weird Al did not grab any other people's recordings to make his parody, rather he grabbed an instrument and made the song off of just hearing the original, adding changes and making it parody.
 

Yal

🐧 *penguin noises*
GMC Elder
I'd say the copyright laws generally are pretty clear in human-readable form:
  • Don't steal assets.
  • Even if you make your own assets, don't pretend you're someone else's game by making them too similar to existing brands.
  • Even if your game looks nothing like an original series, don't pretend you're part of it by using its name.
The second of those bullet points is what Fair Use Parody lets you get away with, Fair Use Review/Commentary lets you get away with the third, and Fair Use LetsPlays lets you get away with the first (since you need to record footage). Breaking any of these rules outside of those special cases basically is Unfair Use, and isn't covered.

Disclaimer: I'm not a lawyer, you can't use this thing to defend yourself if you end up in legal action, etc etc.
 
C

CAREFACE

Guest
You could check out https://freesound.org/ and look for CC-BY (can be used commercially, but you need to credit who made them) or CC0 (copyright waived, anyone can use them any way they want) sounds, a lot of common stuff like footsteps and explosions are available in the hundreds there.

http://opengameart.org/ also has lots of stuff including music, and I've found a bunch of cool composers there; I download everything they make every once in a while. Check out Alexandr Zhelanov, for instance, he's making some really awesome ambient rock music.
Awesome, thanks for the attention, I already picked some tunes from Alexandr, so far very impressed for being free! :D
 
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