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#1

Retaining copyright?

Archive: 14 posts


Lets say I have an original story (and for arguments sake lets say it has an original gameplay style) in my level, and I publish it on LBP2 (this goes for LBP1 too I guess), I'm assume MM/sony now own the rights to said creation?

Posted in this forum because LBP2 has more potential to "create games".

Yeah, for example...
My "super monkey X" character. Lets say he is on the LBP server, doing his monkey thang.
I may want to use that character for an animation or something which I might publish (on dvd/interwebs) to eventually make money off of.
For arguments sake lets just say this is the "best character since mickey mouse", has potential to make millions, and sony/mm/eula are evil and money hungry.)
Can they steal him and get away with it?
2010-08-24 14:25:00

Author:
midnight_heist
Posts: 2513


You question is a little vague (what do you intend to use your "rights" for?). If I remember correctly, the EULA states they have a right to use any material created on LBP for promotional purposes.

This is mostly to avoid people suing for royalties on their creations (Oh, look, MM/Sony made a video with my level in it! I want moneyz!!). I highly doubt they're interested in using characters, stories or levels created by other people unless they specifically ask for a level to be built for them (such as with the GOTY).
2010-08-24 14:37:00

Author:
Gilgamesh
Posts: 2536


Hmm... I think Gilgamesh just said it all, what EULA says, is what the players get...2010-08-24 14:40:00

Author:
grayspence
Posts: 1990


IIRC the EULA states that user content on PSN you still "own" it, but your pass over most of your rights to Sony and other users of PSN to do with as they wish. Also note, you lose the right to make money from user content that you have published, whilst Sony retain the right to make money from it.

Yeah, real nice
2010-08-24 14:42:00

Author:
rtm223
Posts: 6497


IIRC the EULA states that user content on PSN you still "own" it, but your pass over most of your rights to Sony and other users of PSN to do with as they wish. Also note, you lose the right to make money from user content that you have published, whilst Sony retain the right to make money from it.

Yeah, real nice

So, I could send copies of my level from my moon to people for $5.00, since it isn't published? Niiiice
2010-08-24 14:49:00

Author:
Testudini
Posts: 3262


So, I could send copies of my level from my moon to people for $5.00, since it isn't published? Niiiice

Ummm... maybe but I don't think that anybody would by just ONE level, and I doubt they would buy anything user-created.
2010-08-24 14:52:00

Author:
Tomeh999
Posts: 763


Yeah, for example...
My "super monkey X" character. Lets say he is on the LBP server, doing his monkey thang.
I may want to use that character for an animation or something which I might publish (on dvd/interwebs) to eventually make money off of.
For arguments sake lets just say this is the "best character since mickey mouse", has potential to make millions, and sony/mm/eula are evil and money hungry.)
Can they steal him and get away with it?
2010-08-24 15:01:00

Author:
midnight_heist
Posts: 2513


I can clear this one up.
The character in question (super-monkey X) is YOUR original creation - therefore you are the intellectual property owner and free to use it as you wish.
Sony/MM etc will have the rights to use what-ever *you* have given them the rights to use - (all of your so far published Super-Monkey X content on LBP) - You have the right to remove this content and Sony/MM would have no further rights to use it.

So long as you can prove you came up with it first (which you can do by the 'first published' date on your level) they have no claims to the intellectual property - only the content that you have uploaded to LBP.

ie; Sony/MM couldn;t then go on to make their own content containing *your* character without your express permission.
2010-08-24 15:16:00

Author:
Macnme
Posts: 1970


Yeah, for example...
My "super monkey X" character. Lets say he is on the LBP server, doing his monkey thang.
I may want to use that character for an animation or something which I might publish (on dvd/interwebs) to eventually make money off of.
For arguments sake lets just say this is the "best character since mickey mouse", has potential to make millions, and sony/mm/eula are evil and money hungry.)
Can they steal him and get away with it?
Then I refer you to a similar question that was asked a while ago :
https://lbpcentral.lbp-hub.com/index.php?t=30086-User-Generated-Content-Question

My advice is always: If you make a character/story/gameplay mechanic you intend to use for monetary gain, don't publish it in a publicly accessible forum.

It's also highly unlikely that they would "steal" a noteworthy character. For one thing, there are thousands of characters created each day on LBP. For another, ignoring the legalities of it, they would only be inviting a PR nightmare once word got out. People don't generally view IP theft favorably when it comes to video games, as was seen with the infamous "Limbo of the Lost" controversy: http://lotl.wikia.com/wiki/Controversy#Plagiarism_accusations
2010-08-24 15:20:00

Author:
Gilgamesh
Posts: 2536


Ah ok, that certainly makes it a little clearer guys, thanks. 2010-08-24 22:47:00

Author:
midnight_heist
Posts: 2513


So for confirmation, if I make a series about a war on LBP2, and then make a book/game/movie about it years later, Sony can't say a thing?2010-08-25 00:28:00

Author:
SackBolt
Posts: 97


So for confirmation, if I make a series about a war on LBP2, and then make a book/game/movie about it years later, Sony can't say a thing?

As has been stated, yes.

Anything created by you is your original idea - so long as they have the ability to grab it (for example, in a published level) they can use it for promotional purposes - but it's structure, mind-set and entity exist within your own mind

...So much so does my character Tim
he long existed as part of me within myself, LBP just helped me devolp that into its current form
2010-08-25 02:12:00

Author:
Nurolight
Posts: 918


play create SHARE! -

making money off of lbp probably is not going to happen - unless you create a really useful object and trade it with people underhandedly like some people do in the MMORPG scene.

- the end of the day Mm and Sony own anything and everything LBP they're letting you use it.
2010-08-25 23:22:00

Author:
Spyre-wolf
Posts: 63


/digital copyrights act... /PWN

Sony and Mm have no right to your intelectual properties, at least not if you live in the U.S. I am a government geek, and I have stumbled upon the "Digital Copyrights act" a few times, it basically says, if it is on the internet, it belongs fully to the original creator forever. You can apply for additional copyrights (international and whatnot, but the EULA may prevent that...)
2010-08-26 00:15:00

Author:
poorjack
Posts: 1806


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