Confused by the TOS

[peckham]

I did already make a thread for this but realised it's in the wrong place and would ask for it to be deleted please http://www.thenexusforums.com/index.php?/topic/517069-modified-bethisda-files/

 

Have already looked all over the site and read the TOS but couldn't find any clear info on this.

 

I've got an audio mod ready to go but didn't want to release it before checking. It's a mod for skyrim that uses modified sound files obtained from the skyrim data files.

The only thing relevant I could find is about not uploading copyright files intended for use in a different game, does that mean my mod should be ok because it's for use in the game they're originally from?

 

A moderators feedback would be highly appreciated on this.

Tanks.

[ub3rman123]

I think it's okay.. It's been done before. Long as the files ONLY work with Skyrim (As in, you haven't set them up for another game too, like some music replacers), they aren't from another Bethesda game, and you've made some alterations (So not just uploading the default files).

[myrmaad]

What do you mean, it's been done before Ub3r?

 

I don't think it's ok. Even if it's Skyrim music uploaded to the SkyrimNexus, it is still uploading copyrighted content without explicit permission of the publishers, and music, unlike texture and mesh assets can be used easily outside the game.

 

Even if remixed it's probably not ok.

 

However Peckham is discussing this via PM with staff members so perhaps with more information this is an exceptional case, but going on this alone, I think not.

[ub3rman123]

I was considering it along the terms of other game assets like meshes that were altered, though those could be an exception since it requires extra work to convert them.

[Werne]

Well, it was done before, but not with music files, with the dialogue. For example, Brisa Almodovar (not sure about that one) and Bittercup Companion on FO3 Nexus use edited dialogue files for sentences, those are vanilla audio files changed and used in a mod, I think the same can be done to music as well, though I might be wrong. Edited January 4, 2012 by Werne

[myrmaad]

No those edits would be fine. The problem is primarily with music files.

 

For example retextures that add a new item upload vanilla meshes with simple edited vanilla textures in a majority of cases. This is fine.

 

Likewise, snippets of conversation are really not very useful outside the game.

 

But music can be easily shared outside the game, even when remixed, and editing a music file doesn't have any impact on copyright.

[Thandal]

... and editing a music file doesn't have any impact on copyright.

Meaning that just because it was "edited" does not diminish the copyright holder(s) claim on the work.

Still fully enforceable, and infringment is still infringment. :wink:

[ZeroTorrent]

What about NIF files? I realize that retexturing an item is basically creating an entirely new image, but with NIFs, they are part code and part art, in that they contain data the game uses, and also the mesh of the item. Say for example, I wanted to make a small change to a NIF such as changing the item to be held in one hand vs. two, causing the item to be sheathed on the back instead of the hip, or providing a new texture source. These types of things can't, to my knowledge, be released without also including mesh assets, which I assume are covered by copyright, as providing them for download is basically giving away the art assets for the game. Edited January 6, 2012 by ZeroTorrent

[micalov]

After all these years, Beth would have made a fuss about it if there was a problem (as long as it is not porting obviously) because they know somethings are needed for modding, but as myrmaad said music is easy to use in other stuff since file formats for music/sounds are so commonly shared between games and even general use and its so easy to convert if not.

 

So they are still covered by copyright but the copyright holders (in most common cases Bethesda) don't make a fuss over it when it used for the same game.

[ZeroTorrent]

I figured it was handled something like that. I've just seen many mods doing it, and when I needed to, I released minor mesh edits myself. Just making sure I was in the clear.