ABOUT COPYRIGHTED MATERIALS IN RPG MAKER GAMES

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Dyluck
For thousands of years, I laid dormant. Who has disturbed my slumber?
5184
I would like to discuss about the use of copyrighted resources from commercial games, say Square Enix sprites and music, in non-commercial RPG Maker Games and its legal ramifications. I know that this practice has been going on since the early days on RPG Maker games, but I have not been "active" for many years, so I was wondering about people's perspectives on it now. This is a general discussion, but some topics I have include:

-I know people always tend to like "original" resources more, but how common is the use of copyrighted graphics/music these days compared to the days of RM2K3?

-What are your views on any possible legal ramifications that could arise? Is it a low risk high consequences type of situation?

-How can you minimize risks when using such resources other than by crediting the owners and using disclaimers that you don't own the resources and don't use them commercially?

-Are there certain websites that I should NOT promote such a game on? Such as the official Rpgmakerweb forums or Steam? Or say rpgmaker.org which says "don't upload copyright materials" even though some of the games hosted there contain them?
- Still common, though there's more of a push to use RTP, store packs and/or original.

- Unless you're selling it, there shouldn't be an issue. Most companies don't care as long as the game doesn't come into their radar, don't claim to own, don't try to sell or don't break their coding (that Chrono Trigger game, for example, was given the CnD because it was a rom edit. Square is very protective of their coding.)

- Yes? Besides, if you claim something that isn't yours, people are going to call you out for it and you look like a fuckwit. No-one wants to look like a fuckwit.

- RMW, Steam, sites that are primarily for selling games on or have their own rules against it.


RMN's current stance is that as long as you're not trying to sell it or claim it as your own, it's fine. We all know where the graphics come from, we all know it's not completely legal, we all know that not everyone is an artist.
Magi
Resident Terrapin
1028
It's a low risk, low consequences situation if you get caught with copyrighted "Square Enix" resources. Most of these companies don't want to or have time to pursue litigation against a tiny no-name developer. A cease and desist would probably be the most you'd see. Less people are using copyrighted old rips these days, but despite what some scaremongerers will tell you, the chance of being caught is the same as it was in 2003.

That said, more people look down on copyrighted material now than in the past. The official RPG Maker web community expressly forbids any games shared on its site from having said materials. I can't speak for the Steam community though. Here, most of us don't really care. People are laid-back, lots of hobbyists.

Just make the game you want, but be aware we're not living in the same nostalgic and happy days of the early 2000s. :(
SunflowerGames
The most beautiful user on RMN!
13323

Let's say the company really cared, which is really unlikely:

The companies in question would have to track you down and hope the country you reside in has similar copy right laws as to where they live. And they would have to prove it in court. And hope the country you live in has a fair legal system (yeah not everyone lives in the USA.)
Nobody really cares, as long as you're not trying to sell it. I mean, people of course have their own individual feelings on it, but it's not something that is going to generally leak into the success (or otherwise) of your game. Remember, you're making your game for players, not other developers. Players only really care if your game is cool/fun/good, which will be easy to determine on a whole once enough people play it.

This is even less of a thing in say, the FPS communities. Games like The Nameless Mod (based from Deus Ex assets, and a love letter to Deus Ex itself, and a REALLY good game), and projects like Red Vs. Blue (from Halo assets), and of course the many many projects and exhibitions from Team Fortress 2 assets permeate the web. This of course not to mention the entire mod community for PC games out there (this is stepping outside the legal argument, as most mods are legal, but just mentioning) that often include things ranging from fan made DLC to existing games to full fledged standalone games and stories, all from assets from the games they're based on.

Players just want something fun to explore and do. Of course if you're using assets from other games it helps to distinguish it with your own flair as much as possible.

author=Magi
The official RPG Maker web community expressly forbids any games shared on its site from having said materials. I can't speak for the Steam community though.

Really? I didn't know that. I'm sure I've showcased Chronology before, and nobody gave me any flak for it.
To be honest, and it may just be my bias, but my view of a game drops tremendously if I see materials from other games in an RPG Maker game. I may not say anything, but I see people sometimes praise beautiful backgrounds or sprites, and I know its taken from Chrono Trigger...it just makes me want to play Chrono Trigger. I know not everyone is an artist, I'm certainly not, but I want my games to be respected for what they are, not for what they are cribbing from.

Then again, I'm the kind of person who blatantly called out a few local AMV makers for stealing entire edits from other AMV maker videos, so...
Well, I got a problem with Marvel Brothel, so I wouldn't say it's a risk-free thing.
I guess it shouldn't be a problem unless your game gets WAY too popular. If it's Square-Enix material, I think it's too unlikely they'll ever care.
author=Magi
The official RPG Maker web community expressly forbids any games shared on its site from having said materials. I can't speak for the Steam community though. Here, most of us don't really care. People are laid-back, lots of hobbyists.

Not exactly true. You can't post a game for a maker you don't legally own (ie, the pirated 2K and 2K3 editor), but there are indeed games on their site that use ripped graphics, not to mention the amount of ripped audio.

However, you cannot share the materials, post the resources for others to use, request such resources, or encourage people to break your game in order to retrieve the materials.

I don't have a link to the post since it was ages ago, but the last time this came up they said something to the nature of "No, you won't be banned, but they'll advise you against it, and you're still liable for any legal action a company may choose to take against you."

Of course, that may all have changed over the last couple years, but if so, then they need to do a better job of policing the current games they have that use ripped graphics and audio.

Edit: But considering the nature of RMW and that it's more geared towards commercial development, I generally prefer to host my games here and at VXAN.
author=Magi
Just make the game you want, but be aware we're not living in the same nostalgic and happy days of the early 2000s. :(


if only http://imgur.com/a/I23Vd
author=Magi
Just make the game you want, but be aware we're not living in the same nostalgic and happy days of the early 2000s. :(


Back then I remember RTP being socially outlawed, you were more likely to see mack style or 100% ripped visuals. It seems like people are okay with RTP now and even encourage it.

What's the community's consensus on edits? I've been playing around with editing sprites from Super Mario World. They don't look like Mario anymore, but people should be able to recognise the style.
As long as you give credit and don't claim them as your own work, it's fine. I mean, sure you edited, but the base wasn't yours.

With RMW, their stance is that as long as it isn't brought to their attention (rips) and it's not commercial, then they won't worry about it too much. If someone makes a complaint or rip talk starts to be a thing because of it, they'll jump on it.
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