Sounds like a copyright issue
by Areal Person · in Torque Game Engine · 09/11/2006 (8:28 am) · 6 replies
Ok, I have a question on content and copyright issues in games.
I've been building a sound library and have found that one of the important sounds
Is almost identical to a sound in a current commercial game that I did not know about.
I discovered this after someone brought it to my attention, If this had not happened
It is possible that the software could have been released with this issue. I still want to
use the sound! after all I recorded it.
My question is, would this be a copyright violation? Also, some general things
like certain sounds etc. could be very similar and/or almost exact! I also had trouble getting a domain name and my specific e-mail address because someone already has it !
Someone has already done almost everything! Obviously something's are very specific.
But many things are very general and someone already has them in there game.
So how does copyright work in these type situations?
Thanks,
I've been building a sound library and have found that one of the important sounds
Is almost identical to a sound in a current commercial game that I did not know about.
I discovered this after someone brought it to my attention, If this had not happened
It is possible that the software could have been released with this issue. I still want to
use the sound! after all I recorded it.
My question is, would this be a copyright violation? Also, some general things
like certain sounds etc. could be very similar and/or almost exact! I also had trouble getting a domain name and my specific e-mail address because someone already has it !
Someone has already done almost everything! Obviously something's are very specific.
But many things are very general and someone already has them in there game.
So how does copyright work in these type situations?
Thanks,
#3
Your saying for sounds at least, that if I find somthing I like I can do the very exact same thing
as long as I do the actual creation/implementation myself using only the concept and none of the
actual work itself ?
Is that true ?
09/11/2006 (10:07 am)
Ok, if I understand what your sayingYour saying for sounds at least, that if I find somthing I like I can do the very exact same thing
as long as I do the actual creation/implementation myself using only the concept and none of the
actual work itself ?
Is that true ?
#4
09/11/2006 (10:12 am)
If you make it from scratch, yes. If you use someone else's source material, you must comply with their terms of use. There are a million "door opening" sounds out there, and many of them sound alike. It doesn't mean that they are all the same source, even if they sound the same.
#5
Now what about artwork, obvisouly when someone creates a Character (Like Duke Nukum /)
or Max payne, thats a specific Character and is there "Intellectual Property" - Like Donad Duck
or Bugs Bunny.
So It's my understanding that I can use a Rabbit Just like Bugs Bunny as long as I make
the thing just different enough so people "Know" that it's not Buggs Bunny.
Is that correct, or is that walking a tightwire on breaking the copyright. Really, if you think about it
is the attempt to be very, very close like somthing, eventhough it is a different work still infringment ?
Just for the sake of dissussion.
Thanks,
09/11/2006 (10:25 am)
Ok, thanks for your help.Now what about artwork, obvisouly when someone creates a Character (Like Duke Nukum /)
or Max payne, thats a specific Character and is there "Intellectual Property" - Like Donad Duck
or Bugs Bunny.
So It's my understanding that I can use a Rabbit Just like Bugs Bunny as long as I make
the thing just different enough so people "Know" that it's not Buggs Bunny.
Is that correct, or is that walking a tightwire on breaking the copyright. Really, if you think about it
is the attempt to be very, very close like somthing, eventhough it is a different work still infringment ?
Just for the sake of dissussion.
Thanks,
#6
Art is different depending on what type of art it is. If it's art based on something REAL (I.E. a real door at the local abondoned church in a 3rd world country) then you are safe doing it so long as you don't create the model based on someone else's picture/drawing of the door.
If it is NOT real, such as bugs bunny, then you must create something fairly different. You can't just draw a bunny yourself that looks sort of like bugs bunny as you can get zapped on doing that. Which is why you dont' see more than one set of 'talking mice' or 'rabbits' or even 'ducks' across different publishers. It can't just be slight differences, it has to be made in a way that, in general, people can tell it isn't bugs bunny at all.
09/11/2006 (10:30 am)
David is correct with the sounds. So long as you can prove you created it without using someone else's source, then you're safe.Art is different depending on what type of art it is. If it's art based on something REAL (I.E. a real door at the local abondoned church in a 3rd world country) then you are safe doing it so long as you don't create the model based on someone else's picture/drawing of the door.
If it is NOT real, such as bugs bunny, then you must create something fairly different. You can't just draw a bunny yourself that looks sort of like bugs bunny as you can get zapped on doing that. Which is why you dont' see more than one set of 'talking mice' or 'rabbits' or even 'ducks' across different publishers. It can't just be slight differences, it has to be made in a way that, in general, people can tell it isn't bugs bunny at all.
Employee David Montgomery-Blake
David MontgomeryBlake
Well, if someone has your domain, you will need to 1) buy it from them, 2) find another domain name.
But if you used another sound source (say from a game or movie, etc) and modified that sound, then it is a derivative work and problematic.