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Legal Question About Voice Acting?


jcdenton2012

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I have a legal question about using HEAVILY altered Fallout 3 content. For the past few weeks I have been on-again off-again experimenting with John Henry Eden's dialogue, attempting to remix it with some of Malcom McDowell's other performances: Killzone 3, doomsday, tank girl, etc; in attempt to create something patchwork and original aka 'trans-formative.' To the best of my knowledge, the extensive list of alterations should count as an artistic liberty now... but... you know, I have my doubts. Thoughts? Also, I'll probably post some of the latest audio mix's tomorrow to give an example as to what exactly I have planned.

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I doubt anyone here could/would answer your question "legal" wise. Not being a moderator anymore I can't answer but making any attempt to determine derivative work would be a nightmare. I don't think artistic liberty is a legal term ( :thumbsup: ) and if you are thinking fair use that wouldn't apply here in my opinion as it isn't what most folks think-but I am not a lawyer nor do I play on on the internet. (a nice read on the topic: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ )

 

However as far as you uploading a file here I would be willing to bet dollars to donuts what you would be told. I could be wrong...you can query a moderator directly instead of the huddled masses. Regardless good luck to you.

 

Per my dollars to donuts bet: From the Terms of Service:

 

  • Absolutely no copyrighted work is to be used without permission of the original creator. This includes content from other games, from DLCs, music creators or from other file authors. This also includes members from countries that do not recognise copyright laws.
  • All files uploaded must have been created by the uploader or used with permission from the original author of the content. Such permission must be indicated in the Readme text attached to the file and/or on the Description page (or in the Description field for images), and must be obtained in advance, before uploading the file. If you cannot provide proof of consent then your file will be removed and your account is likely to be banned.
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If you are directly taking his audio from anything and remastering it in any way, then no you can't. If it was original and a different voice actor mimicking the exact lines and you altering it to sound like him, then yes you can. It's not really a grey area, you altered content IE it still holds w/e copy-write initially, parody only applies to a copy of the original not something containing the originals s#*!.

 

There are a few exceptions to this but in this case your's is not one of them by any stretch sorry. Now if you just search for a VA that can do a mcdowell impersonation and record exact lines or mash ups it is 100% ok, also if you find one send them my way for a paying gig, no joke. :P

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Jesus Christ... well... that's a lot of my work down the crapper. I even managed to get the Killzone 3 lines properly synced to the lines from Fallout 3 (trust me... that was hard).

 

(laughs)

 

Who can possibly impersonate this guy?

 

(resignation)

 

OK... back to the drawing board.

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If it's illegal, Nexus knowingly allowing it is a can of worms they so wouldn't want. And though I admit I don't have a JD I do have enough law background to know you don't want the fight on this either. The time and money it'd take to fight for it isn't at all worth it.

 

Sad, because as a huge McDowell fan I'd have loved to see what you patched together.

Edited by TimeLadyKatie
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Let me go fishing, but I'll be honest... I'm not keeping my fingers crossed on this because Malcolm has a rather distinct voice. Also... I kinda had doubts about this for a while and this is why I asked. Normally, Dante is pretty cool with stuff so long as its not 'directly ripped' and this is... well, it's a remix so he'll probably say no. And, I know better than to ask Bethesda because there responses are real gems. It's funny how they can encourage you with possibly the most well written and polite 'maybe's.'

Posted Request For VA

Edited by jcdenton2012
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IKR I'd go gay for a day for mcdowell :ermm: Seriously love the guy, but dem be the way it splits, and snup, they gonna say no go, I'd ask still but I'd wager a months pay on them saying no go unfortunately, but still ask f*#@ it pop a PM to dante and give him the whole run down.

 

The downside would be that we all know bethesda is a lawyer happy cease and desist pile of crap generally speaking, so one modified line from FO3 and gg no matter what nexus says if they catch wind.

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Also pop me a PM and I can attach your s#*! onto mine :P I am currently penning sections of my mod and designing the dungeon layout and researching everything week by week so I will probably start the VA cast mid january. I do plan to have a modified ZAX though not officially self sentient and plan to cast a impersonator for it. Depending on the scope of your lines we can work something out :P

 

I expect I will get results as I am paying all the VA's for my project and I do want a Ron Pearlman impersonation for some of the technical video spots in the mod :P For lulz.

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