External non-profit download links related to subject matter- Allowed?

[TheCommonerPrince]

Hi,

 

New around here. I'd like to know, if for example, I record a sound file that will be used in a mod, host it in my own site, then post a link in these forums solely to that download/ download page... is that OK or not?

 

I don't want to break any rules inadvertently.

 

Thank you.

Edited April 15, 2012 by TheCommonerPrince

[bben46]

In order to protect ourselves from the rabid copyright lawyers, we cannot legally allow copyrighted music or audio (voice) files - even in links or on mirrored sites. And almost all readily available music or voice files that you download on the internet is copyrighted - even those that claim to be FREE. :rolleyes: (The pirates lie a lot - anyone who would steal content will have no qualms about lying to you.)

 

We enforce that by instantly banning anyone who tries to get around that rule. NO warning, NO second chance.

 

If the sound file is original and made by you or you have some documentation that says the copyright holder allows this kind of use (there are a few that do :thumbsup: ) It is allowed.

 

There is a big difference between downloading music & audio for your own use and distributing it without paying a royalty. And that is exactly what using a copyrighted tune or a voice over by some well known actor in a mod that you upload is - distributing. While the big companies will rarely go after an individual (but it does happen) they WILL go after a high profile web site that aids and abets copyright infringement. We do not have the cash to defend ourselves against the RIAA or MPAA and their army of bottom feeding lawyers. If we get sued we will likely settle by turning over the names of those who did the actual infringing. :whistling:

[Thandal]

To summarize what bben said:

 

1. Linking to your own original material, or material you have permission from the copyright holder to use including permission to redistribute = OK. :thumbsup:

 

2. Linking to material that infringes on someone's copyright = Delete and Insta-Ban. :verymad:

[TheCommonerPrince]

Hi, and thanks for the answers. This policy is understandable.

 

However, there is still an issue which remains unanswered: what about material that has to do with the subject matter that (I assume) the Nexus has been granted permission to use (how can a lore-friendly mod even be made without using material that belongs to the game developer/ publisher).

 

For instance, if I sing a cover of the Dragonborn Comes from Skyrim, or record a new version of dialogue originally said by an NPC, with a view towards getting it in a mod, and upload that to my site + link as I described earlier. It'll just be my voice in there, but obviously the tune is copyrighted by Bethesda + associates.

 

Now as I understand it, these forums must have been granted some type of permission to use and display copyrighted material related to the games it covers, for non-profit community purposes, otherwise it could not exist at all, no?

 

Would that go against your policy then?

 

Just want to know what goes and what does not.

Edited April 15, 2012 by TheCommonerPrince

[TheCommonerPrince]

Summarizing for clarity:

 

- As an up and coming voice actor interested in doing voice overs for Skyrim mods;

 

- I record dialogue or a song that uses a script or a tune from Skyrim, in my own voice; I will never link to copyrighted content from other games or anything else;

 

- I make it perfectly clear both here and in the download page on my site, that the copyright does not belong to me, that this is just fan work.

 

- I publish that file in my site and link here so that collaborators in the modding scene can listen to it;

 

- Is that allowed, or not.

 

I ain't about to steal from anybody. :P I just want to know what are my options as regards modding.

[Awevalan]

If you sing the songs from the game than it would be considered Fan-made content. You are singing it. It should be okay as long as you actually sing it and don't just modify the vanilla with sound programs like Audacity and the like. If I'm wrong I am more than willing to accept correction.

 

The idea behind adding content is that it's either your own content and completely new and unique or it's modified vanilla content (ie retextured vanilla meshes) or it's completely vanilla content (ie using vanilla tilesets to make dungeons). In the case of voice acting this would be as follows: your own voice over work or you recording yourself saying some vanilla line or just using all vanilla dialogue.

 

Hope that helps,

 

Jeridyn

Edited April 15, 2012 by Jeridyn

[Thandal]

IANAL... but the question is really whether or not a) the copyright holder cares to object to, or to allow their materials being used; and b) whether that use falls under any of the various "fair-use" exemptions. (There is no such category as "fan-made content", and that has no legal standing.)

 

More specifically, BethSoft has provided tools to enable the creation of mods, and included language in its EULAs that specifically acknowledges and supports the use of their materials in them.

 

Example from the Skyrim CK:

 

 

RESTRICTIONS ON USE The Editor is and shall remain the copyrighted property of Bethesda Softworks and/or its designee(s) and You shall take no action inconsistent with such title or ownership. You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any New Materials without the express prior written consent of an authorized representative of Bethesda Softworks. This includes distributing New Materials as part of any compilation You and/or other Product users may create. You shall not create any New Materials that infringe upon the rights of others, or that are libelous, defamatory, harassing, or threatening, and You shall comply with all applicable laws in connection with the New Materials. You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorized users who have purchased the Product, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws. If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit. You also waive and agree never to assert against Bethesda Softworks or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that You may have in or to any of the New Materials.

 

While that was written to apply to the use of their bit-and-bytes in mods, it can be extrapolated to include images and music (but it is an extrapolation.)

 

Given the popularity of various re-mixes and amateur performances on YouTube, I'd say they're ok with it! :thumbsup:

[TheCommonerPrince]

Thanks to both for your detailed replies.

 

Well as I see it there's two distinct issues here; one is the attitude the devs/publishers take, and another, is what the policy of this forum is.

 

I am aware that it appears that Bethesda is (up to a point, lol) permissive with fan-generated content.

 

What I'd like to be sure of, is that I'm not going to get the book thrown at me by The Nexus itself, for doing what I described in my previous post. :P I don't wanna cause any trouble for anybody.

 

As an up and coming voice actor interested in doing voice overs for Skyrim mods;

 

- I record dialogue or a song that uses a script or a tune from Skyrim, in my own voice; I will never link to copyrighted content from other games or anything else;

 

- I make it perfectly clear both here and in the download page on my site, that the copyright does not belong to me, that this is just fan work.

 

- I publish that file in my site and link here so that collaborators in the modding scene can listen to it;

 

- Is that allowed, or not.

 

Is this acceptable, then?

[JimboUK]

I'm not sure where you stand with dialogue but the copyright on a song/tune doesn't change because someone else sings/plays it.

[Deleted472477User]

So, the issues of copyright are why, say, I could copy (by copy, I mean completely redraw, testure, and mesh, completely by my own hand, using the CK, NifScope, Blender, etc.) a piece of armor from WoW, and it would be okay for a mod, but just grabbing the meshes and textures from WoW and sticking them in a mod for use in, say, Skyrim, would be bad? It makes sense to me now, if I have it right, that is.