Need info

[Need help]

If I use art from another game, Kanon for an example, and use that in a free fan game, is it possible for those people behind Kanon to sue me even if I don't sell it?

Just need to be sure ^^;

[kara24601]

I think they were offering the bgs and some other stuff from Kannon somewhere but I haven't been able to refind that site in a long time.
Good luck.

[Need help]

Well, I do have alot of character screens and bgs and such.
Just want to know if it's legal.

[kara24601]

Unless the site you got it from stated otherwise , then , yes , it's legal.
( and sometimes they won't...so if they didn't have any notices about copyright issues up ....I'd bring that to the attention of the site owner as they may or may not be breaking copyright laws themselves )
It should be no problem for you.
Sorry I didn't state such earlier.

Oh , and to elaborate some more :
Alot of people might disagree with me on my initial statement.
It's always best to try and make the graphics yourself.
Even if you are "crappy" , at least you can be safe in the knowledge that nobody will yell at you for stealing wether you're really a graphics theif or not. *sighs* ( but even then people may be dumb about it...after all if they think you are a crappy artist or a "non-artist" they have no problem telling you...ugh )
Trust me , I had to find that out the hard way.
Sorry if I'm confusing you now after I initially stated it shouldn't be a problem. ( my own views are that it shouldn't be a problem...I think people make way too big a deal about copyrights most of the time but at the same time ...again...from learning the hard way...I know how it feels when others take your work without asking and alter it for their own purposes or claim it's theirs...not saying you would claim the art was yours...but still ... )
Alot of people claim there are no grey areas when it comes to things like fanart ...I guess it all depends on how you look at it and getting advice from somebody who has actually been involved with or knows law / about copyright laws would be a good idea...

[Need help]

Thanks alot, that was all I needed to hear

[chronoluminaire]

Um, sorry, but that's not necessarily the case. A lot of sites offer graphics for download that are actually copyrighted, and they could theoretically be told any time by the original creator to take the graphics down. That's why sites like the Morgue File are so nice: they offer graphics that are specifically copyright-released.

You can use graphics from Kanon or whatever internally, by all means, but you're on very dodgy ground if you release it for download. Much better to create something yourself or ask someone for permission to use their stuff.

[Piroshiki]

Unless the site you got it from stated otherwise , then , yes , it's legal.

From the Key FAQ

ゲーム内のCGにつきましては、加工の有無に拘らず、お客様のWEBページでの使用を一切禁止しております。
これらの素材そのものと、素材を使用したCG作品・ツール・Skin・壁紙・動画・携帯電話の待受画面等を、配布・頒布・販売およびネットワークで転送ができる状態にしておくことを禁止します。

I'm not too good at japanese legal speech, but... it mostly says that the use of material present in Key games in non Key-related products (tools, skins, wallpapers, animated gifs, yadda yadda) with the intent of it being distributed is prohibited. So basically, you can't.

[papillon]

Just because someone takes something and puts it on the web does NOT mean they have the right to it! If you didn't get permission from the person who created it or their agent, then you aren't allowed to use it.

Whether you will actually get in trouble for it is another matter. The answer is generally no because you're not worth the effort. But if you're worried enough to ask if it's legal, then the answer is clearly NO.

[mikey]

In relation to what Kara said (welcome back on the forums!), it also depends on which country you're from, so study local copyright laws - it may be that they are stretchy like the one I'm under ^_^, but something as obvious as taking pictures from a commercial game like Kanon won't pass I'm afraid.

Besides, you'll get much more credit when you release a game with your own graphics, even if they are "bad" quality. Because there is one more problem - let's assume that the Kanon guys won't look for you or sue you, because it just doesn't pay off (you have a 99% chance they won't do anything), the thing that can (and will, I think) happen to you, is that people will refer to your game as not being original (see Forkheads "games"). It's better to earn your respect by drawing honest lines or finding shortcuts (pictures&Photoshop, need I say more?) than taking material that someone else worked on. And also, people who played Kanon will remember Kanon when playing your game and won't really feel any freshness. And I would be one of them.

[Yang Sei Fu]

I'll translate:

ゲーム内のCGにつきましては、
Regarding CGs in the game,

加工の有無に拘らず、
Unregarding to additional processing,

お客様のWEBページでの使用を一切禁止しております。
It is PROHIBITED to use on the web page. (Did you take this on regards to web pages? I think you did)

これらの素材そのものと、素材を使用したCG作品・ツール・Skin・壁紙・動画・携帯電話の待受画面等を、
These raw and reference materials, for the use of CG works, tools, skins, wallpapers, animations, mobile phone screens,

配布・頒布・販売およびネットワークで転送ができる状態にしておくことを禁止します。
is PROHIBITED in forms able for the extent of distribution, sharing, and selling on networks.


That, is a rough translation. VERY rough.

[RedSlash]

Yes they can sue you. But will they actually do it is another question. Recently, there has been many people offering to draw for free on this board. You should take advantage of it!

[PyTom]

My quick and dirty guide to copyright law, live from my new place in Maryland:

1) It's illegal to do anything, except parody of that work, using a copyrighted work, without the permission of the copyright holder.

2) Everything is copyrighted by somebody (There are some exemptions to this, like old works, government works, and works granted to the public domain. But it's a good first approximation.)

[darkknight]

My quick and dirty guide to copyright law, live from my new place in Maryland:

On a side note welcome to maryland...

[kara24601]

Thanks everyone for your posts , ( and not biting my head off ...heh ) , I was surprised when it was just me posting ...I guess I kinda took it upon myself to try and explain copyright and then it was like "wait a minute I forgot to state this too" and crap. Heh.