Copyrights and stuff

[fyrye]

Being new to the modding view, I do know it is illegal to make a game based on your favorite TV show or movie with out permission and liscences.
I do know about the creative copyright laws that state that if your work is viewable and accessable to the public it is automitaclly copyrighted simply because you created it, but proving it is your work in the case of a claim is harder and more costly then just getting the copyrights in the first place.

What Licenses other then distribution licesences would one need to do this.
Also for input sake in what stage of development did the esf team do their legal works?

 

[Snow]

Thanks to mister bill clinton all you need to do is but a warning stating if ur apart of dbz in any way you are not allowed to enter this site, so you really dont need any permission to use dbz as a base for a mod. As long as you have your warning your fine.

 

[fyrye]

Goto moddb and look in the articles for legality

The Internet Privacy Act 1995 does indeed make it illegal for the people mentioned to enter the site, providing they are not collecting evidence for a legal case. If they were that particular law is discounted and full access can be taken at a public level (i.e. they can't get into your FTP but anything the public can see, they can see). A court order could give them full access.

Also, this would only even begin to work if the site is hosted in the USA where the law is applicable. Host it in Finland for example and it means nothing.

Besides they could get the mod else where play it and sue.

With the mp3 stuff happening, I'm not about to take a chance with publishing a mod based off a TV show I like, which is about 3% in the making.

 

[Optimus Prime]

The most important part of that quote is:

providing they are not collecting evidence for a legal case.

Bingo, sums it all up.

It's sad that people think they can hide behind that disclaimer and claim "Diplomatic Immunity" over copyright laws.

 

[Chubbs]

[Off-Topic]
What does this have to do with Coding / Bug Report?

[On-Topic]
The ESF team is well aware and has legal right's to be creating this mod. A disclaimer before entering the site is all you need. Think about this to, ESF has been around for what? 3 year's or so, if Funimation was going to prosecute ESF then they would have done it a long time ago. Seeing that ESF is still around then they must have legal right's to build this mod based off of DBZ.

 

[GundamSeph]

Out of curiosity, if a game magazine were to publish ESF in an article of some sort without permission from ESF, and if ESF were to get annoyed at this (again, no permission), and ESF were to file a law suite against them, and Funimation sent someone over, then what is the magazines name?

Could ESF get in trouble due to copyright stuff.

 

[Chubbs]

Technically ESF couldn't do to much about it, Funimation own's the right's to DBZ therefore if ESF was publically emitted then Funimation could sew the Magazine company. I am not quite sure if ESF could do anything about it, but then again I am no lawyer.

 

[lost]

[On-Topic]
The ESF team is well aware and has legal right's to be creating this mod. A disclaimer before entering the site is all you need. Think about this to, ESF has been around for what? 3 year's or so, if Funimation was going to prosecute ESF then they would have done it a long time ago. Seeing that ESF is still around then they must have legal right's to build this mod based off of DBZ.

there is wheere u are wrong, esf doesn't have legal rights, and if any one would like to harm the community they would contact funi and post a link to this mod, and i asure u they will go down.

Yet esf is very good in hiding him self, since they aren;'t detected. It actualy quite simple, most DBZ stay alive because Funi can't find them, mostly you can hide very well by not using direct DBZ names for your images, if we look at DBQ they where taken down because some one found an image to their site. BFP was taken down by it's advertising. Overal, if u don't do anything to publicate your self, i won't be found.

Try searchin a DBZ mod on google, mostly it's impossible. Some can be found, but only with there direct name.

 

[Optimus Prime]

A disclaimer before entering the site is all you need.

Thats a complete farse, no "textual disclaimer" will grant you protection if you're violating copyright laws.

 

[Chubbs]

Don't mind my post's, I am no lawyer and I have no clue what I am talking about.

 

[Skiwan]

surely funi knows about the esf, its easy to find, its on many dbz sites, and its on moddb, which they would search for funi related mods. But im not sure of the legality, because esf is free it may be ok, but, when you change the format of a media you are legaly obliged to inform the original creator..... as ESF is not official, and doesnt take anything from the actual show, i dont think they can do anything..... unless they sue them for character likenesses, and ripping sounds from the show. Oh well im not sure about this.......

 

[fyrye]

I wrote this to get info on steps I might need to take on the mod I am developing.
Not to start a squable on the ESF teams leagality for making their mod, which they are doing great with btw.

Reason I posted here is simply because I am coding a mod, which is in no way affiliated with dragon ball z, and wanted other "experienced and skilled" TV based modders opinion on the matter.

I do know I will need a lawyer to help me find the loop holes in the system, get a copyright so my work is not stolen and sold off by a major corp, as well any trademarks.
But before spending hundreds or thousands on that I wanted someone elses 2 cents on the matter.

As far as the ability to find it, major corps such as funi hire people to look for what they want to find. Even actresses and actors do this to keep their pics off the net. try finding a Rachiel Lee Cook pic on the net, very very difficult if not near impossible to find. Those people goto major network sites like ModDB, VERC, and Planethalflife that announce new arrivales about mods and just follow the links. There are also several thousand dollar programs that follow several spidered and non-spidered search engines.

I think the main issue with a major corp such as funi would be the advertisment using the anime's name, having pics named after the show, the web site, the metatags etc. (I use to develop web pages lost funding and gave up)

Anywho, if you think you can answer my questions about the first post please go ahead. I am mainly worrieed about me getting about 90% done and the Feds nock on my door saying I am in violation of law such and such for copyright infringment. Then haul me off.

Also as in the agreement in the SDK for half-life you can not charge for your modification and pass it off as your own work.

 

[Chubbs]

I don't see why you making a mod would be any different from any other mod based on DBZ. All I have to say is do what you wan't but do it at your own risk.

 

[fyrye]

I mean I am not making a DBZ or other DB genre based mod. It is based after content off a TV show. Hence the questions to the ESF Team.

 

[harSens]

Why not just send them an email asking for permission to create a free mod that would increase the popularity of that show?

I send funi 2 emails about that, but they never answered, so we just got started. We don't have any permission from funi for this game. There are a few reasons why they didn't try to shut us down:
1. They didn't find us
2. They don't care, since we're free publicity for them
3. They don't care because we're a mod based on an ancient engine, and they currently don't have any multiplayer dbz games they want to sell
4. They do care, but because we're based in Australia it is harder for them to sue us

 

[Chubbs]

Good ol' Aussies, they never get in trouble.

 

[fyrye]

Problem is I dunno where to send the email.. yet.
Also if they do not reply, means generally you were ignored, and that alone gives you a sorta of permission. As long as you keep all documents you sent them asking for permision with a form of proof of date (IE mailing your self a letter with the email you sent them asking for permission, will give you a "legal" proof of date, just dont open it up)

Thanx harsens

 

[Chubbs]

Visit there official site, there should be a contact or e-mail somewhere. o_o

 

[Snow]

BFP was shut donw becasue they tried to sell it. Funi got wind and cracked the wip. Then they changed the models from DB modesl to orignal ones. Then totaly legal.