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#1

Legal or Not?

Archive: 16 posts


Well i was up late last night watching a movie to refresh my memory, i was going to make a level for the monthly themed competition, i planned to take this movie and make a level out of it, not copy and paste of course just taking the more important and action packed parts and making gameplay out of it.

So i start start creating some objects and i tell my friend what im up to and she starts barking that i can't win if im "copying" a movie, saying that its illegal AND uncreative, we had this argument for a while and im pretty sure im right as her side started becoming weaker as she goes from "illigal" to "uncreative" to "if ti came down to you and" anyway then she pulls this out "you could get sued" and then she and a friend start calling me an idiot, and "what is this guy 10?" i got pretty angry as i was sure i was right. I find it hard to believe they would sue me, and this idea is completely original to LBP. ANYWAY you can never be to sure, so please someone who KNOWS, who is in the right here, and is this legal? Thank you for your time

-littlebigdude805
2010-04-11 00:46:00

Author:
Littlebigdude805
Posts: 1924


I don't think its illegal to make a level based on a movie, but i would ask about it if your not sure that way you don't get disqualified from the competion.2010-04-11 01:19:00

Author:
Mangarocks14
Posts: 262


lol thanks but uhm...thats kinda what i just did... up there 2010-04-11 01:22:00

Author:
Littlebigdude805
Posts: 1924


It wouldn't be illegal to base a level off of a movie, but it could be considered copyright infringement if you use the exact name, characters, and graphics from the movie. Yes, all those Mario Kart levels are a copyright violation AND Nintendo could ask Sony/Mm to remove those levels. There have been levels removed due to these kinds of copyright infringements. That being said, I've seen honorable mentions being given to levels with clear copyright violations, so I would create the level you want to create and let Sony/Mm worry about copyright infringements.2010-04-11 01:56:00

Author:
RoharDragontamer
Posts: 397


is this legal?

Depends on exactly how much you intend to use from the movie. A certain amount of freedom is allowed by fair use (http://en.wikipedia.org/wiki/Fair_use). I'd recommend reading that page to get an idea of what you can get away with.

If you go beyond fair use, then it depends if the movie's production company notices and cares about the infringement. Generally it's their responsibiliy to contact Sony to ask them to take down the level if they do have a problem with it.

Realistically, you'll probably be okay, but there is always a chance that your level may get moderated.
2010-04-11 02:00:00

Author:
Aya042
Posts: 2870


well to give you an idea it would be basically like what julesyjules does with the Star Wars episodes, except the characters won't look all "South Parky" lol, what im worried about is using this in a competition.2010-04-11 02:06:00

Author:
Littlebigdude805
Posts: 1924


I don't think it's illegal to make a level based on a movie. That's to be expected in a game like LBP. I doubt it would get moderated unless it contains stickers of screen shots or something like that.

I don't think it's uncreative either. To watch something, want to make it a level, then make it. Sounds creative to me.

"Is it within the rules for the contest?" is the question.
2010-04-11 02:16:00

Author:
IStwisted
Posts: 428


i went over the contest rules and saw nothing about using movies or games.2010-04-11 02:19:00

Author:
Littlebigdude805
Posts: 1924


Here's the thing, people only care about copyright if you make money off what they copyrighted. And when I say money, it is a lot of money. So if you were to take the movie, make a level, then make it locked and charge everyone who wanted to play it ten dollars then you would be in trouble. (Of course you are also making money using Media Molecule's copyrighted material so that would cause problems too)

Other than that, no. Is it technically illegal, it could be, like Aya said there is a lot of flexibility in the copyright law. Does anyone care? No. Otherwise 99% of youtube videos/blogs/pics on deviant art/the internet in general would be taken down.

So the only two things you need to ask yourself: Are you making money (like atleast a thousand dollars)? Is it permitted in the rules of the contest? My guess, your gonna answer no to both of those.
2010-04-11 02:47:00

Author:
shebhnt
Posts: 414


i went over the contest rules and saw nothing about using movies or games.

Correct, but perhaps you should take note of this discussion (http://forums.littlebigworkshop.com/t5/General-Discussion/LittleBigWorkshop-Monthly-Level-Theme-Create-Contest-Jan-Prize/m-p/220286/highlight/true#M119468) which occurred during the first LBW competition (somewhat edited for brevity)...





Are we allowed to base them on anything we want, oh lets say, a part of another game?To be honest, originality will probably score much higher than basing your level off of another existing intellectual property.I knew you where going to say that. Either you or Jack.

I've thought about it and have decided that I will longer base the level on it , not even loosely, but instead have everything be nearly 100% original.

To begin with, I wasn't actually planing it to be an exact 'emulation', just base it on it.

I guess there will be very slight similarities, but the actual dungeon I was planing to base it on is very complicated and nearly impossible to make in LBP. So its for the best. Sorry Ollboy, besides the fact that originality is generally more appealing than seeing a remake of another game. There's also the fact that publishing anything copyrighted has the potential to be moderated and removed from the servers for that very reason, even if you feel that the chances of the level being removed are slim.

Since we're looking to highlight the best levels monthly and award a Prize Crown to the level that we feel is the best for the month, we generally want to avoid any such levels that could possibily be removed on the grounds of copyright.

After all it wouldn't be much good if we announced an awesome level based on another property, awarded the Prize Crown, told everyone to check it out and then discovered that the property's owner has requested that the level be removed, meaning that no-one would ever be able to see the level.

Anyway I'm really covering old ground here, if you search the forums you will see that the issue of copyright has been brought up numerous times before and the general stance has always been to publish copyrighted material at your own risk. Which is why among other reasons, we would rather encourage originality in people's creations instead of using copyrighted material.

...which strongly suggests that not basing you level on an existing intellectual property will increase your chances of winning.
2010-04-11 17:17:00

Author:
Aya042
Posts: 2870


Maybe the creators of the 'Jaws' movies could get Mm to remove all the shark survival levels...2010-04-11 20:11:00

Author:
theamilien
Posts: 485


Basing a level on a movie/game is fine. It's basically Fan Art, and theres nothing wrong with that 2010-04-11 20:48:00

Author:
Matimoo
Posts: 1027


not that i'm adding anything important, but if it's a parody, u can do whatever u want...thats y tv shows such as SNL can use company names and logos...

so to b extra safe...add something funny lol..
2010-04-11 20:58:00

Author:
UncreativeUserName
Posts: 107


well this is true, i don't plan to use any actual quotes, but very true there is the side of the argument that its uncreative and unoriginal, but if you think about you would you call one of julesyjules or CaptainCowboyHat's levels uncreative or unoriginal? both are based off existing intellectual property and as far as i know neither have been moderated correct? Now as far as in a contest im not sure, i might run into the problem of not winning cause they're AFRAID it will get moderated, so now the question is how do i assure them it won't?2010-04-11 21:13:00

Author:
Littlebigdude805
Posts: 1924


bribery is always an option...2010-04-11 21:27:00

Author:
UncreativeUserName
Posts: 107


Now as far as in a contest im not sure, i might run into the problem of not winning cause they're AFRAID it will get moderated, so now the question is how do i assure them it won't?

If you have concerns about your level, why not just ask on the official contest thread (http://forums.littlebigworkshop.com/t5/General-Discussion/LittleBigWorkshop-Monthly-Level-Theme-Contest-April/td-p/240768) on LBW?
2010-04-11 22:18:00

Author:
Aya042
Posts: 2870


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