The Creator's Legal Clinic: Advices and Explanations

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Started by MushroomCake28 188 posts Page 6 of 10 View original ↗
  1. BreakerZero said:
    Quick legal question regarding boss design. I haven't decided on actually using it (because reasons) however I managed to come up with a decent "broken pieces" boss. What I mean is that the boss splits into pieces with a flash of light, and then proceeds to move to the other side of the room by one piece at a time before another flash reforms the boss. On top of that, reducing the boss to a certain amount of HP while in combat also triggers a boss split and therefore ending the battle sequence until the boss reforms itself and you engage combat again. And to complicate matters further, you only have a second and a half to start a combat sequence before the next split begins.

    Obviously I'm using a different name for the boss, but I'm not sure about any other specifics to be aware of if I do end up using it.
    You're good, no need to worry about it. Ideas can't be copyrighted. You can copyright a particular execution of an idea, but the idea itself can't be. The best example is the recycle bin on your computer. Apple sued Microsoft for using something similar, and the judge said that ideas can't become properties of someone. That is why all the math theories, scientific principles, all that stuff aren't copyrighted.

    @EthanFox Pretty good advice in general, but you need to differentiate patents and copyrights. Copyrights is the legal framework that applies in game making, not patents, unless you're creating something technical (like you're creating a Game Engine like UE4). Copyright laws aren't as strict when it comes to the conditions to own the rights. In his case you're right that a general game mechanic can't be appropriated, but if for example it's the exact same fight, technically the game devs of the other game could sue, and then it would come down to the judge examining the case (copyrights are usually a case by case thing).
  2. So now that I got it working I guess just turn it into some generic thing and still have the homage. Thanks for the input.

    (And to be fair, the pieces don't move the same between the two... plus there's the battle sequences to deal with, so it's already outside of a one for one comparison. And fewer pieces overall in different places.)
  3. I've been contemplating the idea of using photos or game screenshots of scenery and applying Photoshop filters over them (such as blur), to use as background parallaxes or battle scenes. Where is the legal line drawn when it comes to something like this? Is it at no point ever legal?
  4. Milennin said:
    I've been contemplating the idea of using photos or game screenshots of scenery and applying Photoshop filters over them (such as blur), to use as background parallaxes or battle scenes. Where is the legal line drawn when it comes to something like this? Is it at no point ever legal?
    Legally you need to have the right to use the original image. So if you took it yourself, or have the approval of the person who holds the rights, you're good. Usually simply applying a filter is not enough to break the link with the copyright holder.
  5. MushroomCake28 said:
    Legally you need to have the right to use the original image. So if you took it yourself, or have the approval of the person who holds the rights, you're good. Usually simply applying a filter is not enough to break the link with the copyright holder.
    hello i just happen finished my demo game with RPG Maker MZ Trial.
    what if i post my demo (free download) in itch io.

    i didn`t open a donations/crowfunding now because i didn`t own the full version of the engine now.
    so thats mean i don`t receive any money on anyone. i just put some free demo.
    but if someone give me software engine (MV and MZ) as a gift on steam?
    and i accept the gift.

    is that consider as a commercial game? i don`t receive a money but a recieve the software.

    then after i acept the gift then make the full game with making crowdfunding.
    is that allowed?
  6. I think you still have to unlock your maker app, @Zabelnov (read: own MZ to release MZ projects, MV for MV projects etc.) Aside from that it's up to you if you want to make a commercial game with it. (And yes, gifting counts as long as it's the engine you made the game with.)

    Crowdfunding we unfortunately can't help you with (there’s been too many issues over the time when we used to so it's no longer allowed to be discussed in any capacity) but as long as you acquire a paid license for MZ you should be fine in that respect with no matter for who does the finances.

    EDIT: I should also note (without going too far) that ultimately the approach you take for crowdfunding should be your own personal decision without regard for what others may suggest, and what you feel is the best fit for your project. That's all I can really say about it.
  7. BreakerZero said:
    I think you still have to unlock your maker app, @Zabelnov (read: own MZ to release MZ projects, MV for MV projects etc.) Aside from that it's up to you if you want to make a commercial game with it. (And yes, gifting counts as long as it's the engine you made the game with.)

    Crowdfunding we unfortunately can't help you with (there’s been too many issues over the time when we used to so it's no longer allowed to be discussed in any capacity) but as long as you acquire a paid license for MZ you should be fine in that respect with no matter for who does the finances.

    EDIT: I should also note (without going too far) that ultimately the approach you take for crowdfunding should be your own personal decision without regard for what others may suggest, and what you feel is the best fit for your project. That's all I can really say about it.
    thank you for the answer.

    so if someone gift an engine software buy from steam and give it to me to make a game is count as commercial and i`m going to the court?
    even if i didn`t recieve any money? even 00000000000000000.1$?
    it`s real?

    this is the reason i need own both mv and mz.
    i need to own the MV and MZ because some artist art. on their TOS they used the resources from the MV. and those art they made it is the one i look for and suit for my novel story.

    thier TOS is something like this : feel free to use commercial or non commercial, but you must own MV because the resources i customize/edit this is from MV.

    and it`s not just one artist who had this TOS on their resourcess.

    there you go. so i need to own the MV to make the artist fully allowed me to use their resourcess.
    but i make game using MZ because i just feel comfortable using it. then the final answer is i need to own the MV and MZ to make the game that i want.

    so then after i own the engine i can open donation. and use crowdfunding to help me make the game better. but the responibillity if the project succes or not is on me.

    if the gift engine (MV and MZ) count as commercial. well my journey to release my own game must take break first.

    still hoping i can make a game when someone gift the engine. but what can i do? rules is rules i guess.

    is giftted engine software count as commercial? is this Final answer?
  8. BreakerZero said:
    Crowdfunding we unfortunately can't help you with (there’s been too many issues over the time when we used to so it's no longer allowed to be discussed in any capacity) but as long as you acquire a paid license for MZ you should be fine in that respect with no matter for who does the finances.

    This is just flat out not the truth. You absolutely CAN discuss crowdfunding here, we just no longer have a section to post crowdfunded projects. Please do not assert “rules” that aren’t actually rules.

    @Zabelnov Please have some patience. You have posted this question in several places here, as well as off site. We are trying to find answers for you through official channels, but it takes time. I know you are anxious for an answer, but getting the true, right answer is going to take a bit of time. Just start working on your game with the demo while you wait for the answer.
  9. mlogan said:
    This is just flat out not the truth. You absolutely CAN discuss crowdfunding here, we just no longer have a section to post crowdfunded projects. Please do not assert “rules” that aren’t actually rules.
    Sorry about that. I guess I misinterpreted the matter seeing that it's difficult to even mention since we can't even name them in full because of that. But what I said is still valid - just go with what's best for your project.

    EDIT: I would also assume that a gift purchase is the same as a personal purchase since it's going to be on your Steam account anyway, but I'm not 100% on that either. And it's true that MV and MZ will both be necessary in terms of assets for your case. Aside from that I don't know what else to say.
  10. mlogan said:
    This is just flat out not the truth. You absolutely CAN discuss crowdfunding here, we just no longer have a section to post crowdfunded projects. Please do not assert “rules” that aren’t actually rules.

    @Zabelnov Please have some patience. You have posted this question in several places here, as well as off site. We are trying to find answers for you through official channels, but it takes time. I know you are anxious for an answer, but getting the true, right answer is going to take a bit of time. Just start working on your game with the demo while you wait for the answer.
    i apologize if i make some ruckus here really. i didn`t mean to doing it. i just want make an honest game with honest way,

    and right now i`m still continue to develop my game and testing the feature i want to add, make character has more acrobatic skill animation. look for free resources(tileset,animation,sv weapon , animated sv battler,plugins and many other resources), costumize parallax map to make game map look more amazing and etc. so far so good.

    i will wait patiently if i got the right answer for this problem. i really didn`t want my first game that i made turn into crime product. because i violate the term of use / eula/worst hurt people feeling.

    thank you for being so patiently with me...
  11. Zabelnov said:
    i apologize if i make some ruckus here really. i didn`t mean to doing it. i just want make an honest game with honest way,

    and right now i`m still continue to develop my game and testing the feature i want to add, make character has more acrobatic skill animation. look for free resources(tileset,animation,sv weapon , animated sv battler,plugins and many other resources), costumize parallax map to make game map look more amazing and etc. so far so good.

    i will wait patiently if i got the right answer for this problem. i really didn`t want my first game that i made turn into crime product. because i violate the term of use / eula/worst hurt people feeling.

    thank you for being so patiently with me...
    No real need for concern - we'll have this figured out soon enough. You're not causing any sort of inconvenience in this matter.
  12. Been awhile since I last asked a legal question, but I was wondering how things would be handled if I were to successfully use an intermediary middleware to run MV or even MZ code using a Javascript interpreter add-on for that middleware package. Y'know, things like Unity or Unreal. Considering the license refers to the use of games run straight off of RPG Maker code regarding permissible use, and because I'd be using Javascript libraries for a separate middleware package, would there be any special requests I'd need to make to Degica or Kadokawa or so forth regarding asset use or would the license be honored as-is?
  13. The license says, "the User cannot record or use, etc. Company Materials (the assets from RPG Maker) in the original games they create using creation tools, etc. they created or provided by third parties (i.e. Unity, Unreal) without obtaining the Company’s advance written consent." (parentheticals added by me)

    So, to my reading, that would prohibit running code from your RPG Maker game through another game creation package unless you secure specific permission.
  14. That is what I was referring to when I asked. So I am guessing that even if I use a node.js interface from a Unity project to run the game then I still have to explain what my requirements are?
  15. BreakerZero said:
    That is what I was referring to when I asked. So I am guessing that even if I use a node.js interface from a Unity project to run the game then I still have to explain what my requirements are?

    Contact Tech Support directly so they can forward you to the proper people with gaining permissions. Normally, its not allowed.
  16. Got it, thanks. Also, is there anything you can suggest that is okay to use for cat ears on a person regardless of how I proceed? I might be looking at a character redesign without a suitable alternative, and I'm not really the type who would be able to confidently explain the situation without managing to potentially f*** things up.
  17. So I ultimately decided to stick with MV for technical and support reasons, and now I have a quick question regarding advice on content licensing. Reason being is that I'm working on adding a dance show to one of my casino locations and decided that I'm going to seriously consider the possibility of setting money aside to cover something in line with my period aesthetic. More specifically, I'm planning on throwing in a Macarena reference and matching the actual music to it if the price is right for the job. Any ideas?
  18. BreakerZero said:
    I'm planning on throwing in a Macarena reference and matching the actual music to it if the price is right for the job.
    You would have to obtain a music license from RCA Records as well as Los Del Rio to use that in a video game:
    How to License Music for Video Games
    Regardless of whether that comes out to a set fee or royalties from your sales, you'd be way better off commissioning someone to compose something that's recognizably similar.
  19. Hello all.
    I've got a question since it's rather complicated thing. I've also asked on
    Spoiler
    How exactly copyright works with "free games"?
    and it's getting very conffusing and english is my 4th language and I have issues of understanding some things/views and after reading this post it get's more confusing.

    I'm making a very big game (open world, choice maters) and the game is on steam Free-To-Play. To cut it short: I was thinking about making a soundtrack and sell it for 1$ as a way to finance the game development, I doubt I will get more than 5-6 sales a year tops since RPG Maker games aren't popular. The music is my own and people who buy it would be able to use it however they want. The money soundtrack earn would go towards commision of new assets and paying people I use scripts from as a thank you since they did huge and great job and I want to support them. The music isn't in game nor do I plan using it in the game.

    TLDR: Can I sell my own music as soundtrack on STEAM on a Free-To-Play game to fund the game development where I don't use the music in the game?
  20. ddejan90 said:
    Can I sell my own music as soundtrack on STEAM on a Free-To-Play game
    it depends on the exact wording of the EULA/ToS of every resource "free for non-commercial" you used in your game.

    In some cases this is "free for non-commercial and I consider it commercial if you have a revenue of >x$ from the game itself"
    In other cases it is "free for non-commercial, and I consider it commercial if you have a donate-button that gives you 1 cent per year on the website where you give away the game for free".

    And no, that second case is no joke, there is someone who had that definition of commercial on his scripts.

    so you'll have to check all your resource legal conditions. But if you only have used resources from people with what I consider a reasonable definition of commercial, then you can do this.

    if there is a single resource from someone with a more strict definition of what is commercial, then you either have to replace that persons resources or scrap your plan.