I kinda get a chance to extract gamefiles from the game fortnite(assets, sounds, etc), and then I want to use them for my animation, would that be illegal.

If it is illegal, what if I alter the assets, like modifying it to a voxel, and use it commercially, is it still illegal?

  • \$\begingroup\$ A question to ask yourself here is: can you afford the lawyer it will take to defend yourself from anything Epic Games throws at you? \$\endgroup\$ – Vaillancourt May 17 '18 at 2:35

Yes, this is in most cases a violation of copyright.

While many jurisdictions offer exceptions for fair use in specific applications (eg. education or parody), these don't prevent the original creators from suing you — they're just a form of argument you could try to use in defense. Even if you were technically in a permissible use case, the cost of arguing it in court alone might be enough to seriously threaten your business.

As a general rule of thumb: if you didn't make it or obtain explicit permission from the creator to use it in your game, then it's not your content to use.

Or more simply: don't steal other people's work, please.

(I am not a lawyer and this post is not legal advice)

  • \$\begingroup\$ What if I remodel the game's meshes, is it still a breach of copyright? If it is, I have no choice but to message the game developers. :) Thank you for saving even my life by answering my question :) . \$\endgroup\$ – Omeleto May 17 '18 at 2:56
  • \$\begingroup\$ Yes. Those characters and their distinctive appearance remain the intellectual property of their creators. They are not your characters to use. If you're going to go to the lengths of making new meshes, why not create something that's your own original intellectual property? \$\endgroup\$ – DMGregory May 17 '18 at 3:00
  • \$\begingroup\$ I was going to make an animation, not a game. So if the characters and their distinctive appearance are also copyrighted, fortnite animations in youtube like this link and this link violates a copyright? \$\endgroup\$ – Omeleto May 17 '18 at 3:14
  • \$\begingroup\$ If Epic wanted to sue the makers of those videos for unlicensed use of their intellectual property, they may well have a case. There's a fuzzy area of small-scale fan creations which are nominally intellectual property violations but not commercially significant to the IP holder - where the bad PR of shutting down popular fan works might make it not worth their while to intervene. When you say you're intending commercial use though, you're saying you intend to profit from someone else's characters. That's the kind of situation that often attracts a cease-and-desist letter. \$\endgroup\$ – DMGregory May 17 '18 at 3:21
  • \$\begingroup\$ So I guess i need to message fortnite then. I hope they will give me a permission :/ :). Thanks! \$\endgroup\$ – Omeleto May 17 '18 at 4:19

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