Porting content from other games

[Madcat221]

Is Dark Souls among the "whitelisted" games where assets can be ported outside the game/franchise?

 

I ask because of this: http://skyrim.nexusmods.com/mods/22899/

 

It doesn't say it's from Dark Souls in the long form description, but it does in the short form. And it made Hotfiles, where the short form is displayed on the front page.

[AgentGman]

I have a question, are models that aren't ports from other games,

but are still models based from the other game allowed? (Example: a gun from another game is custom modeled from scratch for a mod)

Or is that also forbidden? (Meaning that any content from non-Bethesda games aren't allowed)

[SariDecember]

If you did something entirely from scratch then it's allowed, even if it looks exactly the same as an already existing model from another game!

[Dark0ne]

You make it yourself, it's yours.

[sa547]

Just a legal question before I upload: using an original .PSD texture file from a favorite armor/clothing mod author and then I retextured and colored it to resemble a heroine's themed school uniform coming from a favorite TV show... does it count as an IP red flag, even if it's slightly off-color or I change its name to something generic or that's not connected to the original IP?

 

If my custom theme texture set does in any way violate IP rules, then I have no choice but keep it only to myself and not for public distribution, except that I'll have to generate original content.

 

Any answer will be appreciated.

[Deleted2547005User]

You made no mention of getting permission from the mod author about uploading his altered textures. Unless you make it yourself, from scratch, it's a no go. You need his permission.

[sa547]

I'm set to ask for permission, as he hasn't posted any copyright notices for his mod (he's Japanese BTW).

[Deleted2547005User]

That does not matter, unless he explicitly says his assets are free to use anywhere on his mod's description, you need his permission. His nationality doesn't matter either.

[Thandal]

The international agreement that applies to this situation is the World Trade Organization's "Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS). Almost all countries are signatories to this agreement.

 

Among other conditions, TRIPS requires member states to provide strong protection for intellectual property rights:

 

o Copyright terms must extend to 50 years after the death of the author. (Art. 12 and 14)[3]

o Copyright must be granted automatically, and not based upon any "formality," such as registrations, as specified in the Berne Convention. (Art. 9)

o Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection.

 

While there are some nation-specific variations (under US law, automatic copyright protection extends for "life-of-the-author plus 75 years") this is the general framework.

 

:thumbsup:

[sa547]

Okay. Will not go ahead until I get to talk to him. Thanks.