jamochawoke Posted June 2, 2012 Share Posted June 2, 2012 I've got some voice files I've extracted from several of Sean Bean's films and TV appearances where he says things that fit into TES lore and sound just like his voice acting he did for Martin. So, honestly, not that many. But I've mashed what little I did collect up into some neat little sayings and phrases that I think would make Martin a better NPC in the game (when he's your follower for a while and other things). Does this constitute fair use? Link to comment Share on other sites More sharing options...
rickerhk Posted June 2, 2012 Share Posted June 2, 2012 Even if it was fair use and could be defended in the eyes of the law, the Nexus site rules specify that you must have permission, regardless. Any use without permission could be challenged and I don't think the Nexus wants to be in that position. I know I wouldn't. Link to comment Share on other sites More sharing options...
JimboUK Posted June 2, 2012 Share Posted June 2, 2012 Fair use is using it for news reporting, criticism, research and that type of thing. What your suggesting doesn't come close. Link to comment Share on other sites More sharing options...
jamochawoke Posted June 3, 2012 Author Share Posted June 3, 2012 (edited) It also includes entertainment. For example, I could include the voice files I made over gameplay of Oblivion and upload it to YouTube (like many of the videos there made for entertainment where they include movie quotes, which is where I got the idea originally) and it would be considered Fair Use there. Edited June 3, 2012 by jamochawoke Link to comment Share on other sites More sharing options...
jamochawoke Posted June 3, 2012 Author Share Posted June 3, 2012 (edited) the Nexus site rules specify that you must have permission, regardless. What Nexus site rules? The only one I see is for porting content from OTHER GAMES not films and music. In fact I've seen quite a few joke mods with clips from Monty Python shows or Rick Astley's "Never gonna give you up" or the Trolololo song hosted right here on the Nexus and those actually include the entire clips and songs (or at least generous portions of them)... not even a mashup like I'm doing where you take individual words and even syllables and mash them together and change pitch so it sounds right to make an entirely new sentence... Hell, half of the first Skyrim mods uploaded to the Nexus have 2-3 second clips from TV shows (the wwf wrester dragon mod, the mudcrab futurama mod, etc) and mine aren't even that long (almost all less than a second) and are mostly mashed pieces. Edited June 3, 2012 by jamochawoke Link to comment Share on other sites More sharing options...
jamochawoke Posted June 3, 2012 Author Share Posted June 3, 2012 Looked up some stuff on Yale Law's website and it falls under the category that song samples in mashups/remixes/parodies do; transformative use and/or parody which is what those Skyrim and Oblivion mods I mentioned do by removing the content from its context and providing another context which provides something different than the original work. It definitely falls under the transformative and in some cases parody sections of Fair Use law 17 U.S.C. § 107 and meets the four point balancing test of determining the purpose and character of the use, the nature of the work, the amount of copyrighted work which has been copied and the effect of the use upon the potential market of the copyrighted work. So should be smooth sailing. I just need to post stuff like this before making decisions because I need a socratic dialogue/argument to make my mind up and get me to do the research :thumbsup:. Link to comment Share on other sites More sharing options...
Ghogiel Posted June 3, 2012 Share Posted June 3, 2012 (edited) Even if it was fair use and could be defended in the eyes of the law, the Nexus site rules specify that you must have permission, regardless. Any use without permission could be challenged and I don't think the Nexus wants to be in that position. I know I wouldn't.Also parody. however, you do not determine if it meets the requirements of the four factors of fair use, a court does that. Edited June 3, 2012 by Ghogiel Link to comment Share on other sites More sharing options...
myrmaad Posted June 3, 2012 Share Posted June 3, 2012 We do not vet every mod file that goes up. We routinely remove such files and often ban their uploaders. When they see a mod that contains copyrighted material, a responsibly acting citizen of the Nexus is expected to use the report button. Link to comment Share on other sites More sharing options...
JimboUK Posted June 3, 2012 Share Posted June 3, 2012 http://www.copyrightservice.co.uk/copyright/p27_work_of_others#fair_dealing The person making the copy does not make copies of the material available for a number of people. Link to comment Share on other sites More sharing options...
bben46 Posted June 3, 2012 Share Posted June 3, 2012 An attempt to clear up some of the copyright mess. :rolleyes: There is a disconnect among many younger (and some not so younger) internet users about The US/UK Fair Dealing/Fair Use clause in copyright. As the Nexus operates in the UK, and the US we follow the copyright regulations of these two countries - Luckily, they are very similar in most cases. We cannot follow the copyright rulings in any other countries - otherwise we would be inundated by people posting stolen material claiming they are legal in some country that does not recognize copyrights at all. OR by those claiming their country forbids a certain kind of material and we must (by their law) remove it from the Nexus. Fair dealing/Fair use MAY allow you to use a PORTION (usually not the entirety) of that material for your own use, and that of a LIMITED NUMBER OF OTHERS (Depending on the exact use, such as a research paper that will be read by other researchers) - but by making it available to be downloaded by others ( putting it up on a site such as the Nexus) you have stepped beyond the intent of Fair use/fair dealing - NO MATTER WHETHER YOU PROFIT FROM IT OR NOT. A copyright owner - such as the owner of a musical copyright - or mod, MAY, allow unlimited distribution and copying, If so, they usually specify not for commercial use - However, unless they specifically and publicly state that they will allow copying or uploading, it is against the law. The safe harbor provision means The Nexus cannot be forced to research everything posted here to see if it violates somebodies copyright. However, if they can show we are not 'diligent' in removing copyrighted work when it is brought to our attention, we can be prosecuted (one of the things they are trying to nail Megaupload on). Meaning IF you upload something made by someone else, the burden of proof that it is not a violation is upon YOU and not the Nexus. If called on something, YOU must provide acceptable proof that whatever you uploaded does not violate a copyright or WE MUST remove it. I hope this helps some of you to understand a small part of copyright. :thumbsup: Link to comment Share on other sites More sharing options...
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