Peasant's Quest VGA

[Alias]

Uhanimar just doesn't understand, so don't waste you're breath. Comments like that law sucks doesn't look like you take this topic serously.

I was saying "That law sucks" isn't sound legal theory.  Read my message back with my patented brand of sarcasm.


Bt

I wasn't talking about you BT.  :p

[Uhanimar]

Uhanimar, its simple, we dont own the rights, the companies do. You can break the law all you want but they will stop you, they have done it before.  ;)

I know...damnit, i was reading some stuff. Well this law sucks. Oh well.


(Then again i also hate the electoral collage too )

[Uhanimar]

Check that, i found this, i trust it more then that weird other site.

http://en.wikipedia.org/wiki/Fanfiction#Legal_aspects

According to this it doesn't completly matter.

Note thecan also be film and video. I'm telling you man.

[Pidgeot]

It is also usually the case that fanfic does not reduce the income which the original authors can extract for their work, and the authors of the fanfic receive little or no income from it. Although under the law copyright (and trademark) infringement still technically can occur even when the infringer does not profit from it, this fact is important legally because it limits or eliminates the damages that a court could find, and also makes possible some defenses to infringement under copyright fair use.

Please read this paragraph closer. It says that although a court will be more likely to rule in favor of the defendant (the fanfiction author), since he or she doesn't make money of it, it is still technically illegal, unless it can be classified as fair use.

It is hard to set up a firm rule by which to judge if anything is fair use - but in general, things like cameos, quotes and the like are fair use. Copying/remaking a work isn't:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[1]  (http://www4.law.cornell.edu/uscode/17/107.html)

The four factors of analysis for fair use set forth above derive from the classic opinion of Justice Story in Folsom v. Marsh, 9 F.Cas. 342 (1841), in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own. The court rejected the defendant's fair use defense with the following explanation:

[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticise, but to supersede the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy... In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.

Article: Fair use

The bolded part is really the essential point. Since, obviously, this game would be made to get people to play this instead of the original Peasant's Quest, this would actually constitute copyright infringement.

[Uhanimar]

NVM, the point is that he will have to get permission from homestarrunner because of they're licence agreement.

[Alliance]

Ah, but this is a fangame. Fangames can be seen as a form of free  speech, just like the press. Think about it. They should be homored that someone would actually care enough to make a fangame of their works. Anyway, enough with this legal stuff,  I've already emailed permission to them, arguing won't solve anything in this instance.

[anathoth8]

Just so you don't think we're all picking on you, Alliance. I think your image with Rather Dashing looks amazing. Do you plan the whole game to look that way, or is that style only for the cutscenes?

[Uhanimar]

I'm not argueing...i'm just stating a political veiw, this law sucks.

[navynuke04]

Just so you don't think we're all picking on you, Alliance. I think your image with Rather Dashing looks amazing. Do you plan the whole game to look that way, or is that style only for the cutscenes?

If I'm not mistaken, that is a painted over screenshot of a scene from Peasent's Quest - The Movie.

[Alliance]

Just so you don't think we're all picking on you, Alliance. I think your image with Rather Dashing looks amazing. Do you plan the whole game to look that way, or is that style only for the cutscenes?

If I'm not mistaken, that is a painted over screenshot of a scene from Peasent's Quest - The Movie.

Yes, that's a painted over version-that's how I did his dialogue portait too. I used a special technique that involved both blending the colors, reshading, putting a black line around RD, and also useing the smudge tool. Overall, the effect looked rather Sierra-styled, but not quite, which I personally like because it looks like a fangame than the real deal (ie it doesn't look professional, and I'm fine with that.)