41

I'm not a lawyer, this is not a legal advice site, this opinion is offered as is. You should consult with a lawyer to have a definitive answer. There are no specific rules that govern this. The ultimate decision will be done by a judge in a court. But you will not be able to get to that point. What's most likely to happen is that the FIFA's legal team ...


41

First and foremost, I am not a lawyer. You should always consult a lawyer in regards to legal questions - the legal system is often very fickle, and often changes dramatically from location to location. Can you legally use this music piece? It is impossible to tell. You tell us you have permission from the singer. The first thing you need to find out is ...


33

No. In most cases... also, I am not a lawyer, find one they help. Arrangements of, and recordings of, specific performances of classical music are both copyrighted separately. This means that even if a piece in its original form is in the public domain, the piece itself is still someone's active intellectual property. So, when can you use classical music? ...


29

Users of this site are mainly game developers, not lawyers, so we're not able to give you legal advice. However, I have been told that "Fair Use is a defense," not a classification. You don't get to label your creation "fair use" - rather, if an IP holder tries to sue you, you can try to claim fair use as a defense. That still means going to court most ...


27

You're confusing patents, copyrights, and trademarks here. Without going too deep into details: Whatever you create, code, assets, or anything else, automatically has you as the copyright owner. No further actions required. It just has to require significant amount of work (depends on legislation). For example, you can't claim rights on blue rectangles, ...


17

No. You can't distribute anything you don't have permission for. Crediting or not makes no difference. Unless the song was distributed under a license which explicitly permits redistributing it (such as CC-By) you'll need to get permission from the copyright holder, else it will be copyright infringement and the copyright holder can sue you for it.


17

While I am not licensed to provide legal advice, I can point out some important information regarding this topic to help you make an informed decision. First, as to the question of whether there have been suits like this before, there have been similar lawsuits. The NCAA Athletes v EA lawsuit comes to mind: http://www.usatoday.com/story/sports/college/...


17

It depends on the game and the nature of the remake. Game mechanics cannot be protected by copyright, trademark, or patent. You can freely copy the mechanics of any game you want, as the basis of a new game. (This is why there are so many clones of things like Scrabble and Tetris out there, Snake clones are a common programming exercise, and many computer ...


16

First - IANAL - Want legal advice call a lawyer. Do you own a trademark on the name eyeRoller? My guess is no. There are two kinds of trademarks. One is a registered trademark. That is shown with an (R). And this means that you filed it with the uspto and obtained a registered mark. Then there is unregistered trademark which is shown with a TM. This ...


16

The singer is just a small part of a music track. It consists of: The vocals provided by the singer The text of the lyrics The composition of the melody The arrangement of the melody The performance of musicians playing the melody Individual audio samples used in the song The final audio mix of all these things together All these creative inputs can be ...


15

First, I am not a lawyer, this is not legal advice, if you follow my advice and get sued and lose your house then it's your fault not mine. Unfortunately, as simple as that question is, it really needs to be broken down into two questions. 1) If I get sued for copyright infringement, will I win? Maybe! Assuming those pieces are in fact public domain now, ...


15

There are apps on Google Play Store and Windows Phone Store that also feature these kind of Batman pictures. You probably just had less luck than them, or intended to make profit on your app. By what you stated, you also used "posters" which are pictures that can be easily spotted by a bot. I know that will not be helpful, but if you don't want your app to ...


15

You most certainly can get into legal issues in the US. Weapons names are often trademarked and their appearance could be copyrighted (there is a difference between trademarking and copyrighting. See here http://newmediarights.org/guide/legal/Video_Games_law_Copyright_Trademark_Intellectual_Property). Recent debate about it has been growing recently, though. ...


14

Foreword: Anything related to laws will always be in a gray area, because the case outcome ultimately comes from a handful of people. Others have accurately pointed out that game code and assets fall under copyright law and that product, company, etc. names fall under trademark law. However, although others have pointed out that you cannot copyright game ...


14

Do I have to say that I'm not a lawyer? I'm not a lawyer. In some/most countries, you can use a pseudonym of your choosing called a Trade Name. You just can't use "Incorporated", "Limited" or any other legal label in the name though. This type of business is called a Sole Proprietorship, and I would highly recommend it because it's easy to create (you ...


14

Public things like: country names, state names, county names, city names, street names, etc., are not trademarked or copyright protected. There are no licensing agreements required to use them. See Public Domain


14

Considering that there is a tag in this site named "licensing" and another named "copyright", I understand you bringing up such question to here before thinking of hiring a lawyer. But as the other two answers have already stressed, it's important to have it clear that most people here are probably not well equipped to give you the accurate technical answer ...


12

This will depend entirely on the license applied to the art assets. The number of open source licenses is always growing, so attempting to provide a list here would be pointless. You will need to research the specific license that's applied to the art. Some of these licenses will allow you to reuse the art. For example, in the link you provide, a majority ...


12

Have you considered hardcoding something like a time limit into the demo version of the engine? The thing is, no matter how much you protect your demo, the game will be pirated somehow once it comes out. Whether it's by using the demo or just by using the main game, it's going to happen if the game's popular enough. People who don't want to pay for your ...


12

Even though hacking the APK seems easy but it will definitely not run, the other option I believe is to upgrade to the Unity Pro version and I found on some research onto it. See links: Answer from the Unity 3D page Forums Documents about splash screen


12

There is no such thing as "non-copyrighted" music. The moment someone creates a creative work, they have a copyright on it. What you could mean is: Music in the public domain due to age. But that would mean that the music is at least 70 years old, in some countries longer. Remember that melody, lyrics, arrangement and performance are all separately ...


11

The rule of thumb for cloning games is that they can't copyright game mechanics but they can copyright or trademark the specific names and art. Thus making a game that plays the same but has a different title and different artwork is fine.


10

Licensing You can try to monetize your game engine & framework from licensing. This most probably means that you will make your software proprietary and closed source to fight piracy (obfuscated AS3 code in your case, maybe you have some external tools that can be protected a bit more), but not necessarily. There are mostly two types of license that ...


10

Neither being an indie developer, nor releasing game for free, doesn't grant you some additional rights implicitly. You can either need to have agreement with rights owner, or use music that is in public domain or other license (like CC license) that allows some sort of free usage. Also as Markus correctly mentioned in comment, Public Domain is a tricky ...


10

Usual disclaimer: I am not a lawyer and in this site questions about these issues have to be always taken as ideas, thoughts or experiences, never as technical advice. That said, in the US you hardly would be able to copyright (or hold a patent over) a game idea in itself. Actually, the US Copyright office says that: Copyright does not protect the idea ...


9

The legal perspective: No, you cannot legally redistribute someone else's copyrighted work. This is international law. It is not debatable. It is not made okay by giving credit. It does not become okay by giving it away for free. By copying someone else's copyrighted work, you are violating their copyright -- literally, their exclusive right to make ...


9

You need a lawyer and this is not legal advice. That said, being free usually makes no difference at all "game concepts" usually cannot be subject to copyright, but in many perverted jurisdictions apparently are subject to patents regardless of being legal or not, remember you can be sued anyway: if you can't afford to defend yourself you'd better play ...


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