License question for shared projects
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If I draw and animate Donald Duck with FUZE and share it:
a) by a screenshot on twitter
b) by sharing the project in FUZE and in this forum
All for no commercial reasons.
Do I get into troubles? Do you, the FUZE team, get into troubles? -
@spikey This is a really good question and I am not sure what the answer is. I think for the moment that it is fine if you are just sharing with your friends (TBH I don't see how we could stop you) but probably not a good idea on the forum. We are erring on the safe side. That being said I have already posted Williams copyright material! We certainly don't want to upset Nintendo but a lot of this remains to be tested. I am sure other opinions are available
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its only Disney, so stuff them. go ahead! :)
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Disney are actually quite relaxed about things as long as you aren't making a profit from it (e.g printing tshirts, mugs, copying dvds etc)
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I have been wondering about this myself considering I am working on a Legend of Zelda project. I know Nintendo isn't going to be happy about it and they're the worst for trying to can people but with the Switch being as aimed towards Indie developers I've been wondering if they'll embrace it, honestly, as the app serving it's purpose and ACTUALLY teaching people how to code which is it's intended purpose.
With Nintendo allowing this kind of thing onto the eShop to begin with they had to foresee it's use for copyright infringement to begin with. I think I would be more worried about a system level exploit taking place if I were THEM, not sure how Disney or other companies are going to or how they should feel about their IP being infringed though.
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I can't see Nintendo (specifically) embracing their copyright and IP being infringed upon so frankly, I can't see creating a Zelda clone or game as being a good idea. Just do what everyone else does and change the character names and graphics maybe?
Now that said, we can't do anything to stop anyone doing whatever they wish with Fuze. But we will have to draw the line (tow the line?) when it comes to Fuze Arena should anyone make any kind of complaint in our direction.
There is actually some clarification on this coming in a future update to the product. I don't recall if it's the next update or the one after? Probably the next.
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@Martin This is exactly why I'm not sharing the code. I personally don't think they're going to embrace it, I just wonder whether or not it will be received well and am 100% understanding that if it comes to a copyright claim and a cease and desist that my thread for my game can and should be deleted at that point.
If you are in the States @spikey Google is saying that Copyright Infringement can carry a fine of up to $250,000 and 5 years in prison. Personally I don't think animating Donald Duck is worth all of that.
I don't see it coming down to that but no one knows the future so it's best to stick to the safe side like I'm doing with my project and not sharing the code if it contains Copyrighted characters or imagery.
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I think the safest option is to draw inspiration from what you like of those characters, games, and make something new ! I would absolutely love to see Square Enix do a Chrono Trigger remake in the way the new Pokemon series is done, but I know i'm dreaming.. (Chrono Resurrection anyone?)
The best thing is that we can finally make our own creations legally on a Nintendo device, I think for the sake of the community - if you want to recreate a fan version of something that is already licensed, do it on your own device and enjoy the personal satisfaction independently :)
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It really depends on your goal and how blatantly disrespectful you are. For example, create a Mario style game using actual copies of their graphics and share this amongst a few friends. It's not like to draw much attention from any one. Take that game and post it on YouTube as a game making tutorial and don't allow any advertising so you do not profit from it. Still, not likely to ruffle many feathers, at least until it become popular. Ok, now try putting an advert in the middle of the video that promotes a range of Nintendo branded merchandise that you alone have created and have no sub-licensing agreement in place with Nintendo. This will not go down well. Basically does anyone profit from your efforts? If yes, then do your efforts rely upon the intellectual property rights of others. If yes, then don't do it! It is nothing more than common sense. At the end of the day lets say you come up with an idea. You create a character and a game idea that no one else has ever thought of. You put years worth of effort into it and thousands, if not millions of $$$ into developing the 'brand' behind that design. Then someone comes along and uses your artwork, your game design and your story writing with little other creative effort and profits from it. How are you going to respond? Let that be your moral compass.
