3rd Party Models/Media Chat / (c) thoughts?

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GubbyBlips
1
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Joined: 14th Jan 2019
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Posted: 15th Jun 2020 19:40
I have a couple items I got here for free or got on the store.
One is a small bot that looks like the R2-D2 character from StarWars;
named R4-D5.
The other items are the light sabers from Graphix.
Does anyone think it would be a problem to utilize these assets
in a released game?

Would some crazy constipated Uber corporation like Disney fret
over that a tiny impoverished person (me) uses 2 little items that
slightly resemble items in their works? Who knows- IDK??
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Gtox
3D Media Maker
6
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Joined: 5th Jun 2014
Location: South Africa
Posted: 17th Jun 2020 10:37
They would absolutely fret over something like that, no matter how small and insignificant.
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Belidos
3D Media Maker
5
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Joined: 23rd Nov 2015
Location: Hertfordshire
Posted: 17th Jun 2020 12:29 Edited at: 17th Jun 2020 12:32
Disney are weird about their franchises, they're notorious for pursuing claims against people, yet actively encourage fan art, and tend to give away rights left right and centre, for example all the time Lucas owned Star Wars, the 501st was the only recognised official fan club/reenactment group, and the only ones with the armoury rights to storm trooper armour, now Disney owns Star Wars, they're selling rights to make Armour, and society status to anyone with a few bucks. It's all about money with Disney now, so watch your step around their IP's. If just making games for yourself, friends and family, then you should be ok, but if i goes beyond that to public distribution or selling the games i would tread very lightly, the slightest whiff of money and Disney will send Pluto round to bark at your door.

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3com
6
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Joined: 18th May 2014
Location: Catalonia
Posted: 17th Jun 2020 12:49
May the Force be with you.
Making a game to sell is quite an adventure, with more levels than the game itself.
Always make sure that all the material used in the game is 100% non-copyrighted.
No trademarks, images, sounds, videos, models, textures, etc.
When you download any material before you read the fine print, a model may be free to download but not to use, at least not commercially. (royalty free).
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GraPhiX
Forum Support
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Joined: 15th Feb 2005
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Posted: 17th Jun 2020 13:11 Edited at: 17th Jun 2020 13:12
This is a grey area, but my G-Sabre's are my work from my mind, the grey area comes from branding 'LightSabre' and 'Starwars' are the trade marks and copyrights, a car is a car and for most they look the same difference is 'Brand' all the weapons in GameGuru are the same as most real life weapons including names.

I look like Tom Cruise LMAO do you think that is copyright infringement ! you see it is very grey but as far as my G-Sabre's are concerned i would use them in a released game, i would also use the street lights i have made i dont think many councils would chase me for infingement but we do sometimes live in a silly world, i dont think Disney would chase you for those items at the most maybe a 'Cease and Desist' but realistically unless you are going to make millions from them i dont personally see any issue.

What is a derivative work?
A derivative work is a work that is based on (derived from) another work; for example a painting based on a photograph, a collage, a musical work based on an existing piece or samples, a screenplay based on a book.

Making a derivative work
Permission.
Legally only the copyright owner has the right to authorise adaptations and reproductions of their work - this includes the making of a derivative work.

The copyright owner is generally the creator of the original work, or it may be someone the creator has given copyright to (i.e. next of kin).

Unless you are the copyright owner of the original work, you will probably need the permission of the copyright owner before making a derivative work.

Exceptions that do not require permission
You will not require permission if the making and use of derivative work is carried out in a way that is expressly permitted in your country's copyright legislation:
A typical permitted use would be within an educational establishment for the purpose of instruction and examination. Rules surrounding permitted actions are based on national legislation and will differ from country to country - please check you country's legislation for further details.

If copyright has expired (under UK law this typically means the author died over 70 years ago), the work will be in the public domain, and may be used as a basis for a derivative work without permission.
You may not require permission if the original work has a licence that explicitly allows the creation of a derivative work. The licence itself may also specify rules and conditions that must be adhered to.
Can I claim that my copy is fair use/fair dealing, or de minimis?
Unless your activities are explicitly allowed under law, there is no solid legal footing for such a claim.

Fair use is a complex area and by its very nature tends to be quite subjective. When a case goes to court a judge will typically make a decision based on a number of factors including the purpose of the use, the nature of the work, the significance of the copied content and the potential impact to the owner's income and reputation. It's important to understand that while the judge may have guidelines and past cases to refer to, there are no simple rules and the outcome can be hard to predict. There have also been cases where a judge has ruled that a use was allowed only to have the decision reversed after appeal; a notable example of the was Bridgeport Music, Inc. v. Dimension Films.

Copyright in the derivative work
Provided it is significantly different to the original work the derivative work will be subject to copyright in its own right, and you will own copyright to the new content you have created as a result of your actions. Bear in mind that to be subject to copyright the creation of the derivative work must itself be an original work of skill, labour and judgement; minor alterations that do not substantially alter the original would not qualify.

Any copyright in the original work remains unchanged; the creation of the derivative work gives no right to the original work being adapted. You cannot extend the duration of copyright in a work by creating a derivative work. If the original work is in the public domain, it will remain in the public domain; you cannot prevent anyone else using the same public domain work for their own purposes.

Copyright notices
Copyright notices are generally helpful by stating to others the copyright status of the work and attributing ownership. In the case of derivative works it is often suitable (and can also be helpful) for the derivative work to show a copyright notice for the original material as well as for the new work.

For example:

Copyright © 2019 John Smith, (adapted from 'original work'; copyright © 2012 Joe Bloggs).

Can a derivative work be registered?
Yes. If the derivative work contains new content or represents significant development in its own right, it will be subject to copyright and it may therefore be registered in the normal manner.
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