PuyoPuyoPuyo
Demon Girl
- Joined
- Dec 23, 2011
- Messages
- 79
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Re: Wolf's Dungeon
You can't use a product or derivatives. That's mean you CANNOT use "Yuna" with the same concept and story. In any way.
If you look at credits, characters concepts are copyrighted.
Fair Use is about something you do for educational pourposes (or your teacher had to pay for quoting Shakespeare). Not the resellng or distribution of someone else work. You cannot photocopy a book to share knowledge, but you can read it to people or criticize or flame it... whatever is NOT reselling the product (the product= the game, the book, the software...), even in other form (selling at 0 dollars is selling, too).
ALL COUNTRIES agreed with the fair use concept, what's different is the lawyers will pursue or not those infringements. Like creating a game that use copyrighted concepts for your own profit (even if profit is 0). ALL countries will pursue that. But the losing part can avoid to act on you, (too much court expenses and small court interest in the matter).
Laws are something "strange": you can do whatever, THEN someone can inquire about. In Japan, usually the use of concepts doesn't trigger an act, too much expenses for a little gain. But the reselling and piracy is strictly condamned and pursued (with high cost for the loser part).
That's why japanese producer hate to sell in other countries.
I am not a lawyer, and all that, but here's my take on it:
Take Yuna from FFX, for example. In the game, she's this innocent "Stay away from the summoner!" character,
and there's tons of character progression and build-up that slowly adds romantic tension as the story progresses.
Because of that, you have an easy starting point for porn, because you can take all that pre-built character, and resolve some of that tension,
like, say, showing what really happens when she's alone in that isolated room with the big powerful spirit...
But if the backstory didn't exist, you'd just be making mildly odd tentacle porn with a generic big-boobed heroine.
So in effect, you're profiting / gaining a competitive advantage from using someone else's work.
You're not directly de-valuing theirs (people are still going to play FFX after watching porn of it), but if you took their part away, your work wouldn't be worth as much.
Now, as far as I recall, many countries have variations on a "Fair Use" law, by which it's okay to parody or critique something without their permission. (Since otherwise, all negative critique would be illegal, which isn't ideal...)
And usually, if your work is sufficiently "transformative" it's also okay - an artist building a pony from ripped-up comic pages probably doesn't need to pay a license to the comic company.
That said, I think I remember someone arguing that Japan does NOT have a transformative clause in their fair use law.
In their system, any use of someone else's creative work is problematic, it's just usually ignored because huge companies don't have the time suing every table at comiket.
But that's why you'll often see dlsite imagesets that are obviously some popular character censoring parts of the name, or just never using it to begin with.
You can't use a product or derivatives. That's mean you CANNOT use "Yuna" with the same concept and story. In any way.
If you look at credits, characters concepts are copyrighted.
Fair Use is about something you do for educational pourposes (or your teacher had to pay for quoting Shakespeare). Not the resellng or distribution of someone else work. You cannot photocopy a book to share knowledge, but you can read it to people or criticize or flame it... whatever is NOT reselling the product (the product= the game, the book, the software...), even in other form (selling at 0 dollars is selling, too).
ALL COUNTRIES agreed with the fair use concept, what's different is the lawyers will pursue or not those infringements. Like creating a game that use copyrighted concepts for your own profit (even if profit is 0). ALL countries will pursue that. But the losing part can avoid to act on you, (too much court expenses and small court interest in the matter).
Laws are something "strange": you can do whatever, THEN someone can inquire about. In Japan, usually the use of concepts doesn't trigger an act, too much expenses for a little gain. But the reselling and piracy is strictly condamned and pursued (with high cost for the loser part).
That's why japanese producer hate to sell in other countries.