I need help with my game

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I need help with my game

Postby TheIsWhatIget » Tue Aug 26, 2014 11:20 pm

I need some batters for my rpg game, so I found some, But I need to know if they are copyrighted. But I can't seem to find where it would say it.
Most images are here:
http://monstergirlencyclopedia.wikia.com/
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Re: I need help with my game

Postby TheAllSeeingEye » Wed Aug 27, 2014 5:25 am

Well, idk if they're copyrighted, but you could always credit the artist some how...
The artist for the monster girl pics is Kenkou Cross
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Re: I need help with my game

Postby AlexBrymm » Wed Aug 27, 2014 7:33 am

By definition, all original work is copyrighted to its author. There's no magical phrase that provides copyright, it's legally extended to any created work. So, yes, it has copyright, and you do not have rights to use it without contacting the original author and requesting it explicitly (unless the image is under public domain, which is not the case here).

Now, it might still be possible for you to use the image: If your use of it follows certain guidelines, it may be considered Fair Use. However, it's somewhat ambiguous, and is a pretty big legal grey area. In general, the big question is "How much does the usage of the work affect the original author and his content". Let's take a look at some of the factors here:

+ Profitability. Since your game is (presumably) nonprofit, it's much more likely to be considered fair-use. Were you trying to sell the game, it would be much much harder to claim it as such.
= Amount used. If you're only using it for small amounts of content, it might be considered fair use. You should always try to use the absolute bare minimum of someone else's content, for obvious reasons. Even just using it for combat sprites might be considered excessive.
- How the material is used. This is the biggest problem: Since the series you are taking from is a video game, it's harder to claim this as fair use in another video game. In, for instance, a documentary, it may be considered fair use because you are not competing with the original work. However, since both your own work and the source work are in the same genre, you're much more likely to affect them financially by using their assets. Essentially, since you are competing in the same market (and, in fact, the same audience), you can NOT use one of your competitors works in your own product! (It may sound absurd to say that you are a competitor, since your game is nonprofit, but legally you would be considered as such)

In sum, due to the reasons above, it is VERY UNLIKELY that you would be able to legally use anything from MGQ in your own game.
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Re: I need help with my game

Postby TheAllSeeingEye » Wed Aug 27, 2014 7:40 am

Unknown wrote:In sum, due to the reasons above, it is VERY UNLIKELY that you would be able to legally use anything from MGQ in your own game.

This isnt MGQ, its the Monster Girl Encyclopedia lol
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Re: I need help with my game

Postby AlexBrymm » Wed Aug 27, 2014 7:50 am

TheAllSeeingEye wrote:
Unknown wrote:In sum, due to the reasons above, it is VERY UNLIKELY that you would be able to legally use anything from MGQ in your own game.

This isnt MGQ, its the Monster Girl Encyclopedia lol


Ah, my mistake. I assumed that "Monster Girl Encyclopedia" was just the name of the wiki for MGQ, I was not familiar with MGE

It's slightly more likely to be considered fair use, in that case. I would still discourage it, however: In general, you only want to use other people's content when you either have explicit permission, or when it's absolutely necessary.
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Re: I need help with my game

Postby TheAllSeeingEye » Wed Aug 27, 2014 8:20 am

Well I can say that there are other games that use the characters from MGE like Gulp Quest...
So it should be fine as long as its for non-profit & you credit Kenkou Cross for his characters.
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Re: I need help with my game

Postby TheIsWhatIget » Wed Aug 27, 2014 10:41 am

Thanks guys.
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Re: I need help with my game

Postby Noxyoursox » Fri Aug 29, 2014 1:56 am

TheAllSeeingEye wrote:Well I can say that there are other games that use the characters from MGE like Gulp Quest...
So it should be fine as long as its for non-profit & you credit Kenkou Cross for his characters.

Other people breaking the rules doesn't make it ok--without express permission from the artist, you should not be using their characters. Most artists who are ok with derivative works say so, either on the work or in a post on their website/blog/deviantart. Otherwise you need to contact them directly. Also, even if an artist does give permission for a specific project (say, any of the aforementioned games, if they got permission), doesn't mean you can then use the characters for other projects without asking. It's tricky to deal with, and much easier in the long run to just make your own or get a commission.
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