Wow....and they are ok with that? Of course I can imagine the company doesn't pay "extra" cash for your private work that they want to use, am I right?RhombusHatesYou said:
A question about the Kickstarter Copyright issues.
- Thread starter SweetShark
- Start date
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The companies check your personal works that have nothing to do with the work you singed for? And then if they want can take your private work from you?Darknacht said:
I think this is too much to be so true.
They usually don't search for your person work but if you start making a lot of money or competing with them they can claim your work as their property. This does not always apply to any work you do, usually just competing works or works in the same field. There are also ways around this but they involve giving up your work, typically making it open source and not publishing it under your name.SweetShark said:
SweetShark said:
Sort of, work for hire is an interesting area in law right now. Companies cannot for example say that "anything you create while an employee counts as a work for hire" because there is a limit as what can be called a work for hire. Likewise if you are an employee working for a company, using company resources within the scope of your job's description on company time anything you create is owned by the company even if it isn't called a work for hire in your contract.
Normally works for hire are used when dealing with consultants, and just to be safe as not all creative works can be counted as works for hire most contracts also include a clause that as soon as the work is created ownership of the copyright is transferred to the company. Now this can include work that is not directly related to what you were originally working on depending on how the contract was worded, but the scope cannot be so broad as to be considered unconscionable by a court of law as this can cause the contract to lose force, but this has no strict definition so don't assume that it will apply.
Yes they can, and will, make a complaint and have that game shut down.SweetShark said:
Kickstarter doesn't bypass copyright law and Fallout belongs to Bathesda so no one will be making another one of those.
Everything Fallout is Bathesda's so it doesn't matter if someone makes it and gives it away for free it's still breaking copyright law and Bath's team of penguins .. er .. law team, will be all over it like a rash.
No one can make a game that is owned by someone else whether it be under Kickstarter or anything else without the owner of that IP's permission .... which Bathesda will never give.
The basic rule is that the artist owns the work. In cases of work for hire it depends on the specific agreement. It's possible to make an agreement where the financer owns the work, and one where the artist owns it and can resell it to others.
In the case of kickstarter the artists usually owns the work when it's done.
Fan art is normally thought of as plagiarism or derived works. It generally isn't allowed but the owners of the original work is of course free to allow it as they see fit, which is why fanart can sometimes exist. Exactly what goes depends on the whims of the owner. Thats why fanart is often allowed on a non-commercial basis only.
Some countries have copyright laws where the artist always have the artistic rights, and can't trade them away. Only the commercial rights can be given away. But that gets tricky in some aspects, especially when it is unclear who the actual artist is, for instance in cases where the work is the combined effort of many people.
In the case of kickstarter the artists usually owns the work when it's done.
Fan art is normally thought of as plagiarism or derived works. It generally isn't allowed but the owners of the original work is of course free to allow it as they see fit, which is why fanart can sometimes exist. Exactly what goes depends on the whims of the owner. Thats why fanart is often allowed on a non-commercial basis only.
Some countries have copyright laws where the artist always have the artistic rights, and can't trade them away. Only the commercial rights can be given away. But that gets tricky in some aspects, especially when it is unclear who the actual artist is, for instance in cases where the work is the combined effort of many people.
Well it's iffy business this copyright/trademark stuff, that fan art can usually be sold simply because they don't make the big bucks that would rub owners the wrong way.
But when you push it into a whole game... then they will not be looking the other way, trust me there were many fan atemts at creating sequels of their beloved games and they either stayed under the radar or got burned to the ground legally.
Hell they even step on modders if they are doing their shit too well.
But when you push it into a whole game... then they will not be looking the other way, trust me there were many fan atemts at creating sequels of their beloved games and they either stayed under the radar or got burned to the ground legally.
Hell they even step on modders if they are doing their shit too well.
That remind me, Blizzard done the same with the Fan-MMO for Starcraft project that other created, am I right?Mr.K. said: