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Is It Legal To Get Sponsored for a Mod?


rjhelms84

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Hi all,

 

Here is the EULA for the GECK. I'm not legal expert, so wondered what you guys thought:

 

http://fallout.bethsoft.com/eng/downloads/updates-GECK-fnv-eula.php

 

So my question is: Is it legal for a company to sponsor a modding project / modder? By sponsor, I mean, put money into the continued production of the mod, or future mods, and in exchange the modder will place adverts within the mod for that company. For example, placing posters around the new locations of the mod, referencing that company.

 

What do you think?

 

From reading the EULA myself, it seems only 'selling the mod' is prohibited, but it doesn't seem to mention receiving money from advertising within the mod, as users are still not charged to play, so the mod is still free.

 

I just want to be clear on this, as I definitely don't want to break any laws, or upset anyone.

 

 

-Rob

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That is something you may have to take up with Bethesda. It is their EULA and the Nexus doesn't get any say as to what it really says or doesn't say. As mods are not supposed to bring in any income for modders, I would guess no. But I am not a lawyer. who knows, you may get lucky. :wink:

 

You may also see if the legal beagles at the company you plan to do product placement for will step up and work with you on getting Bethsoft to agree.

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It is legal for you to be compensated for your work and man hours to create a mod for a game, however it is illegal to sell said mod or any other. Basically the distinction is that you are being payed for your skills and work, you are not selling a mod, so you should be fine.
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Speaking as a non-lawyer reading the EULA link, it looks like it's not legal without Bethesda's prior written consent. These are the parts that stand out to me:

 

All uses of the Editor and any materials created using the Editor (the “New Materials”) are for Your own personal, non-commercial use solely in connection with the applicable Product, subject to the terms and conditions of this Agreement.

 

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.

 

Adverts would likely fall under commercial exploitation, but again I'm not a lawyer.

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Not sure if adverts within the mod are against the EULA or not, but speaking as a huge mod user this would be an insta-fail and a huge not wanted sign to me.

 

I would still recommend talking to Bethesda about this just to make sure and good luck with your adverts.

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  • 2 weeks later...
Well, the "adverts" would be done in a subtle and suitable way, and it would've meant we could get some money for things like having custom tilesets built. But anyway, I've abandoned this idea now, as it's obviously not received very well.
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I like the idea myself. Theres actualy a number of companys that still existed back in the 50s~60's around today. Maybe we could even reuse there 50s/60's logos, or stills from there commericals/etc? Or just have them submit 50~60s themed adverts, then apply degradion.

 

That would make it very subtle and lore friendly. Personaly i hate in games like GTA where you are driving around and all the stores and everything are lame spoofs of names, so the adverts could actualy be kinda an improvement. Replacing the existing billboards, put them up as posters in houses, partialy as replacements of existing, posters and others as new posters.

 

Theres already lots of advertisement posters in FONV, I don't see why they couldn't reference real companys. You could even keep the humor and/or graffity (If the company would let you..)

 

New content could also be added revolving around a company. For example you could have a quest to 'find the new coke formual' for some nuka-cola rep who is traveling through new vegas. It could take you through a new abandonded secret coke-cola factory filled with coke-cola cold war propaganda/advert posters (PROTECT THE FORMUAL, ONLY YOU CAN STOP COLAMUNISM)

 

Id think that would be an awesome addition to a larger mod like a world of pain for example.

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