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Copyright Law and Fanart


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15 réponses à ce sujet

#1
Addictress

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What if someone made a fan movie that took place in Thedas?  For instance, what if I made a whole CGI movie, about Fen'Harel, and put it on YouTube for free. Is that bad?

 

Sure there's plenty of fan art but is there a limit on how great or complex the fan art is until the art originator gets concerned?



#2
Chiramu

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Making a movie of it would require you to ask Bioware's permission beforehand. Also, I'm sure Bioware would want to know if the work in question is worthy of being set in the Dragon Age world. 

 

If the work is so far away from the original(Fifty Shades of Grey, the original creator saw ZERO similarities between her work and that abomination) then it doesn't matter. But why would you want to create an abomination anyway? Don't kill peoples' brain cells :P.


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#3
Addictress

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I probably won't. I just thought it might be a way to practice my adobe premier skills
"Make your own IP" you say.
I'm not obsessed with my own IP :'(

#4
thepiebaker

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This is a whole can of worms, I'm not a copyright lawyer but a general film student. Fan art and fan fiction still breaks copyright laws since they use the likeness of characters and the world in their respective ways. Those that own the intellectual property (bioware or EA depending on how the contracts are worded for dragon age for example) do not prosecute for fan art/fiction because it's a stupid move to do so. Suing someone who probably isn't getting money for their works and probably doesn't have Bill Gates money isn't going to cover court costs or the effort. Doing a move like that would also leave a sour taste in the entire fan bases mouths and will be shooting themselves in the kidney.

However in life there is always a risk to win big.

A few decades ago an IP was given life. Before the internet was available to our houses there was still fanfiction. The owner of said IP found many fanfiction and loved them. He tracked down their authors and contracted licenses to turn those fanfics into novels that became the now deceased Star Wars Extended Universe.

An animator made a cross over fan video of a female halo spartan and Samus Aran fighting each other followed by a everyone get down and dance sequence. He was hired by Roosterteeth. (R.I.P. Monty oum)

There is a CHANCE that Bioware will see what you may or may not make and find a job for you and there is a chance it can bite you in the rear with a lawsuit. But hey life is full of risks.
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#5
Addictress

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^good reply

#6
thepiebaker

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Making a movie of it would require you to ask Bioware's permission beforehand. Also, I'm sure Bioware would want to know if the work in question is worthy of being set in the Dragon Age world.

If the work is so far away from the original(Fifty Shades of Grey, the original creator saw ZERO similarities between her work and that abomination) then it doesn't matter. But why would you want to create an abomination anyway? Don't kill peoples' brain cells :P.


Wasn't 50 shades originally an abomination of a twilight fanfic which was originally an abomination of aHarry Potter fanfic?
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#7
Ava Grey

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Wasn't 50 shades originally an abomination of a twilight fanfic which was originally an abomination of aHarry Potter fanfic?

 

E. L James > an alias of Stephanie Meyer > an alias of Tara Gilesbie confirmed? 

 

 

I knew it.



#8
Reznore57

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There's already short movies of DA made by fans , although it's done with the game engine.

Bioware also has some fan creation months where they show fanart etc...

And there's countless let's play DA O/2/Inquisition where people make money with Youtube.

So even if there isn't any official word about fan creation , I'd say Bioware is pretty supportive about it.

 

Now if it were me I'd be careful , people make money with the DA franchise via fan art , let's play etc...it seems so far Bioware is alright with that , but it doesn't mean it's always going to be the case.

And if you make a video , make sure it's understood it's fan work and nothing official , no Bioware /EA trademark or whatever.

 

Anyway I'm no expert but as far as I can tell  the worst that can happen on youtube is the video is taken down for copyright issues.And there's a higher chance you'll have trouble with copyrighted music than Bioware asking to remove the video anyway.



#9
abisha

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laws and copyrights are bepand on each county, and to where you upload it to.

lets say youtube have a total other view and laws based on US then other streaming video steam service.

 

that's what makes Internet so special their is not a real border and strict law.



#10
9TailsFox

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Legally you can do anything you want using other peoples IP as long as you don't sell it/get profit. Where is a lot of fan made movies. Not much full length in DA setting. 

 


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#11
Dai Grepher

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You can practice your skills using Dragon Age content, just don't publish it. Also, all fanart is owned by BioWare. Your own custom character is owned by BioWare. Read the End-User License Agreement. By agreeing you give BioWare permission to use anything you create related to Dragon Age (using their software) without them even having to ask you or inform you that they will use it.


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#12
Heimerdinger

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You can practice your skills using Dragon Age content, just don't publish it.

 

Have you met the Internet?

 

DeviantArt alone has tons of XNALara and 3DSMax projects using in-game Mass Effect and Dragon Age assets. Bioware does not send cease and desist notices for this kind of stuff, they support creative fans.


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#13
Realmzmaster

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It depends on the company and if you are trying to make a profit. Some companies are very protective of their IP. Disney most definitely comes to mind.  Disney was the company that lobbied then congressman Sonny Bono to sponsor a bill to extend the number of copyright years after the artists death from 50 to 70 years and corporate authorship from 75 years to 120 years(Copyright Term Extension Act 1998) . Nobody messes with the Mouse.

 

Bioware is supportive of fan work. It is also counterproductive to sue your supporters. That being said if you were to create a movie based on the characters and world of the DA Universe for profit and mass distribution to the general public in movie theaters  you would probably get a cease and desist order.


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#14
Nefla

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There are some creators that will go after fan-artists and fanfic writers and such and not allow any kind of fan works to be made but BioWare is really cool towards its' fans. As long as you're not monetizing it or claiming to be a BioWare/EA employee then it should be fine. The devs would probably get a kick out of it.


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#15
almasy87

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I know nothing about laws and legal stuff but.. in my opinion it depends on the subject.

Case A) You make a video with characters invented by you and a story written by you, but set up in the DAverse. I don't see anything wrong with that. It's just a separate story.

Case B ) You make a video about Fen'harel. No idea what the story would be, but: this is a character that already belongs to Bioware and Bioware very likely already has plans for the development of said character. Let's say you go and publish a video and by chance or luck the story or events you plan are the same or very similar to what they have already planned for the next game or planned to introduce at some point in another way (books, comics, etc). This vdeo becomes famous and everyone s watching it.  In that case.. that would NOT be ok with them. It would ruin their plans for future releases. I bet that would get you a lawsuit.

I might be wrong, but overall I'd suggest you don't do that, or if you do you don't publish it. Or you make up something of your own without using already existing characters/assets. 



#16
TheExtreamH

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Of course your breaking the laws by using anything that's copyrighted. But company's tend to not get to fussed when its considered Fan Art or no profit is made on the IP. As to why Capcom never sued the guy who remade Resident Evil 2. 

I'm sure Bioware would be ok with it, since they do love fanfics, cosplayer's and Fan art and i'm sure EA is alright with it as long as money isn't involved. The most you would most likely get is a cease and desist notice from EA.