Question about copyrighted material

[ShadowMage016]

I see a lot of mods on Nexus that add stuff from many different non-Fallout (even non-Bethesda) sources, like Star Wars (lightsabers, Vader armor, etc.). I was just wondering how this works, what with copyrights and all that. Do these mod authors get permission to use those or...? I'm just wondering, because I'm in the planning stages for a quest mod I'd like to try tackling and I'd like to include an easter egg or two from some of my favorite games, but the last thing I want is to get into a scuffle over copyrights. :mellow: Any advice would be appreciated. Thanks!

[Druuler]

If you are seeing mods that look like game rips/ports, they are not allowed and should be reported to the staff, using the report button/feature. With that said, there are a number of mods for Fallout 3 and F:NV (that I am aware of), that add content from Star Wars, Star Trek, Doctor Who and the Riddick films, that are "scratch built", either by the uploader, or contracted out by the author. These things fall under the headings of "Fan Art" and, I believe, "Fair Use". If your easter egg is "hand made/scratch built" specifically for your mod, you should be fine.

[Radioactivelad]

As long as you've actually Hand-Made the model (Aka haven't ported it from another game *Without explicit permission from the Source*) It's okay.

 

Tbh, I don't know what the rules are for sounds, but I think for most cases it's just considered Fair Use.

At least that's what I've come to understand from all the ED-E Movie quote mods.

[ShadowMage016]

So then reconstructing locations would be considered "scratch-built" as long as I used Fallout's assets or made my own, right? What about using character names or recreating specific NPCs? Or referencing story snippets?

Edited May 3, 2016 by ShadowMage016

[seekingthesun]

The standard is if the work is transformative, instead of derivative. It also depends on whether the work is commercialized or not.

[ShadowMage016]

The standard is if the work is transformative, instead of derivative.

Pardon my ignorance, but could you please explain what you mean?

 

It also depends on whether the work is commercialized or not.

Well, since it'd be a mod on the Nexus, it will be free. I probably wouldn't charge anyways. :happy: I'm doing it because I enjoy it and want to learn how this all works.

[ShinraStrife]

The best way to stay within Nexus ToS is basically this: If you have to ask whether it's copyright infringement or not, chances are it is and you shouldn't upload it.

If you do want to make something based on another persons Intellectual Property(IP) I would ask the owner for their permission instead of relying on fair use. This is because fair use really only applies to educational applications, the reporting of news, and criticism of the IP. (see below)

Fair use ruling in the courtroom is decided by these 4 factors (as described by Cornell's Legal Information Institute):

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

• the nature of the copyrighted work;

• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

• the effect of the use upon the potential market for or value of the copyrighted work.

Basically you can only use fair use if your project is strictly educational and is not generating revenue for you, the IP you are using in your project is more or less essential to the value of the project as a whole, you didn't just copy and paste the entire IP and only used excerpts or bits and pieces, and (last and most importantly) your project containing the copyrighted IP will not affect the profits or marketable value of the IP and it's owner.

 

Fair use is not applicable for anything published on the Neuxs because even if you decide not to accept donations on your mods download page (which would allow you to generate revenue from a project you made based on someone else's copyrighted IP), Nexus Mods generates ad revenue automatically when people visit your mod's page (which, in a courtroom, would still be seen as someone generating revenue off of someone else's copyrighted IP). Both of these situations break fair use's terms.

[ShadowMage016]

 

The best way to stay within Nexus ToS is basically this: If you have to ask whether it's copyright infringement or not, chances are it is and you shouldn't upload it.

Well, I would ask about lightsabers, or turning dragons into My Little Pony, or build-a-bear, or including logos of real-world companies like Mtn Dew, or creating likenesses of celebrities, all of which I've seen at one point or another on Nexus plus many more things I would consider questionable in terms of "fair use". That said, I think I'd be ok with what I have planned, but I'm just extremely cautious when it comes to copyrights...

[seekingthesun]

I'll give you an example. On Bob's Burgers Gene adapted a play based on Die Hard. That would be derivative in real life, and not allowed. What the creators of Bob's Burgers did by referencing that movie and making short scenes into a musical is transformative. No one would mistake that episode of bob's burgers for a tv adapted version of die hard nor would they think there was any official association.

[zanity]

If you are seeing mods that look like game rips/ports, they are not allowed and should be reported to the staff, using the report button/feature. With that said, there are a number of mods for Fallout 3 and F:NV (that I am aware of), that add content from Star Wars, Star Trek, Doctor Who and the Riddick films, that are "scratch built", either by the uploader, or contracted out by the author. These things fall under the headings of "Fan Art" and, I believe, "Fair Use". If your easter egg is "hand made/scratch built" specifically for your mod, you should be fine.

"SHOULD BE REPORTED"???? And why exactly is that- do we live in a police state?

 

If a CORPORATION (or its PAID agents) wishes to report a mod for infringement- well good for them- but why on Earth would an ordinary user of Nexus do such a thing. And the majority of people who DO report mods do so with a profoundly FAULTY understanding of the law (like those who try to get Nazi imagery 'banned' on Nexus.

 

"mods that look like game rips/ports, they are not allowed"??? Under what law would that be, exactly? Copying actual assets without permission is a clear violation of copyright, but a 'parody' or 'homage' that uses famililar but different assets sits in a GRAY area that is often legal in many nations of the West. In the USA, for instance, the 'rules' of a game CANNOT be copyrighted. In the USA, typefaces cannot be copyrighted. Those that love to use the 'report' button frequently have no idea of how the laws protecting IP actually work.

 

It gets more complicated when you understand that the owners of IP like Star Trek and Star Wars have actually encouraged NOT-FOR-SALE unofficial third-party derivative works to grow the cultural importance of the IP, and thus its profitability. Look at the success of the recent (very mediocre) Star Wars movie, and connect the dots to how much George Lucas previously encouraged fans to craft their own Star Wars materials.

 

Nexus moderators only need to be pro-active over certain kinds of possible infringement- like radio stations using very recent music, or FO4 mods using game assets from previous Beth titles (which Beth themselves have firmly stated must not happen).

Edited May 3, 2016 by zanity