Homebrew Games Including Copyright Content

[Mia]

Hi all,

Like most people here, I'm waiting for my own GP2x. I'll try to develop some little homebrew games when it arrives. The problem is : I'd like to use sprites and / or music from existing commercial games.
Is it possible, from a legal point of view ?
For instance, if I want to include Link's sprite from The Legend of Zelda, or a Final Fantasy background music. As far as I know some GP32 games already use sprites from other commercial games (super smash bros.).

 

[OrR]

It would not be legal but if you don't sell the game, most likely nobody would care.

 

[Digital Awakening]

Freeware fangames should be no problem, people do that all the time. Just mention where you got the stuff from and don't charge any money for your software.

 

[lucoxade]

It is still not legal to use other peoples graphics or sound in your own games without their full permision. The same as you can't use their graphics on a lunch box and sell it at the market. It is also a case of intelectual properties, ie you can't make a game and call it Half Life3 or 'Mario vs Sonic' if you do not own the rights to do so.

 

[Oscaruzzo]

Is it possible, from a legal point of view ?

​

From a legal point of view, the answer is NO (not even for free software).

 

[abigsmurf]

actually you are entitled to fair usage just like any other medium. Essentially you're allow a small amount of use of copyrighted material used briefly. As you'd be hard justified to say it's public interest for a video game you'd only be able to use it for parody purposes though.

Thats how asterix and obelix XXL is getting away with such blatent rip offs without being sued.

*addition*

As I'm looking at doing a (possibly commmercial) game, anyone know a good source for royalty free music and sound fx? I know classical music is public domain but recordings and midi arrangements of it aren't

 

[Aimless_E]

actually you are entitled to fair usage just like any other medium. Essentially you're allow a small amount of use of copyrighted material used briefly. As you'd be hard justified to say it's public interest for a video game you'd only be able to use it for parody purposes though.

Thats how asterix and obelix XXL is getting away with such blatent rip offs without being sued.

*addition*

As I'm looking at doing a (possibly commmercial) game, anyone know a good source for royalty free music and sound fx? I know classical music is public domain but recordings and midi arrangements of it aren't

​

You can buy royalty free sfxs from places like bestbuy for $9 or so, but the quality isn't so great. However they make great base sounds for you to edit into your own, and it beats having to go find someone with a/an _____ and ask them if you can record it doing _____. Music is more difficult depending on what type of music you need. My suggestion befriend a garage band and get in bed with a pianist. Thats what I did works great

 

[abigsmurf]

hmm searching doesn't reveal much music available for free (which is annoying as I want a certain piece of classical music...). Looks like I may have to find a royalty free sequencer. Any reccomendations for software that's cheap, royalty free and doesn't produce music that's instantly identifiable as being made in that program (like you can tell an Ejay tune a mile away)

 

[starpause]

if you're looking for free music and sound effects, the first place to look is

http://freesound.iua.upf.edu/index.php

not only do they have a large library of sound effects/recordings ... the forum is active and people take requests!!!

besides that, if you are looking for free music, dig into the netlabel scene ... much of the material there is released under the creative commons and is fair game for projects described here ... or if it's not creative commons, it's easy to get in touch with labels/artists about use! the net label calalog breaks the scene up by genre, quite useful if you're searching for a certain vibe:

http://www.phlow.de/netlabels/index.php/Main_Page

another cool reason to use creative commons sources like these ... you're contributing/participating in a bigger system that's all about subverting lame intelectual propery h34r: B)

 

[skeezix]

There are usually (depends on country) legal allowances for parody, and sometimes fair use (fair use is tough.. sometimes its _highly restricted_ .. sound only, or one frame of animation etc.)

Anyway, the trick is that many companies will turn their eye because 1) They're happy about it, as long as its not much attention, and 2) They dont' want to piss off any communities.

But if it gets attention (is for sale, or gets popular) you might have to pull it; they'd never sue, but you would get a C&D (cease and desist). Still, on a gp32 and gp2x, its not likely to ever get that popular

It depends on how protective the company is; look at Beatd of Rage.. totally illegal, and even "almost populr", but no one ever went after anyone.

jeff

 

[evening2005]

actually you are entitled to fair usage just like any other medium. Essentially you're allow a small amount of use of copyrighted material used briefly. As you'd be hard justified to say it's public interest for a video game you'd only be able to use it for parody purposes though.

Thats how asterix and obelix XXL is getting away with such blatent rip offs without being sued.

*addition*

As I'm looking at doing a (possibly commmercial) game, anyone know a good source for royalty free music and sound fx? I know classical music is public domain but recordings and midi arrangements of it aren't

​

Free sound effects: Sound FX
Free music: Music
Free sprites (don't forget to give credit): Sprites
More free sprites (read the licence carefully - I can't remember what it says): More sprites

 

[Digital Awakening]

It's not legal to use anything that is not labeled as "free", "royalty free" or anything similar. Most companies don't bother if you make fan websites or fan games because you are actually promoting them anyway and nobody says no to free PR. It is actually illegal to take screenshots from a game and post it on your website unless specified otherwise in the license. But again, who want to sue a fansite promoting their game?

 

[pea]

A massive place for free music (6631 loops) and SFX (6595 effects) that many people overlook because it is flash based is FlashKit:

http://www.flashkit.com/loops/
http://www.flashkit.com/soundfx/

However, you can download the music as wav and mp3, so you can use it for anything.

Most are loop though, mind, not full songs.

EDIT: Make sure to check that it is freeware before you use it. Most is, but some is linkware, shareware, demoware etc.

 

[Blah]

Hmm...You can get "Creative Commons" licensed music from the internet archive: www.archive.org.

For royalty free (some free of charge, some not) sfx, I found sounddogs.com.

 

[abigsmurf]

It's not legal to use anything that is not labeled as "free", "royalty free" or anything similar. Most companies don't bother if you make fan websites or fan games because you are actually promoting them anyway and nobody says no to free PR. It is actually illegal to take screenshots from a game and post it on your website unless specified otherwise in the license. But again, who want to sue a fansite promoting their game?

​

actually fair usage allows screenshots of games for academic or journalistic purposes

 

[Macbeth]

Looks like she only got a lot of replies due to her name being "Mia" and implying she is female. What a manipulator, prying on the man's mind to get answers!

 

[steponeloops]

actually you are entitled to fair usage just like any other medium. Essentially you're allow a small amount of use of copyrighted material used briefly. As you'd be hard justified to say it's public interest for a video game you'd only be able to use it for parody purposes though.

Thats how asterix and obelix XXL is getting away with such blatent rip offs without being sued.

*addition*

As I'm looking at doing a (possibly commmercial) game, anyone know a good source for royalty free music and sound fx? I know classical music is public domain but recordings and midi arrangements of it aren't

​

I wanted to post it earlyer, but I am really willing to provide some royalty free game music. I am thinking even about building a little portfolio on the web, but I am really busy due to my uni-thesis at the moment

I thought about releasing it under some cc license (http://creativecommons.org/) so everyone would be able to use it... I would REALLY enjoy to see my music on a Computer/Console Game whether commercial or not...

Just tell me what you need... Shooter-Metal, Puzzle Style-House, some RPG folk stuff...

Can't say what time it would take though, as I am quite busy as already said...

Drop me a PM!

Peace

SOL

Edit: Ah, would like to try some (tiny) classical inspired stuff as well.

 

[Digital Awakening]

Free textures etc:
http://www.limefly.net/html/index.php

 

[Mia]

Thanks for all the links, they're great ! I didn't realize there were such free sound ressources.
I still intend to include sprites under copyright, but more as homages than really playable characters, so I guess it's ok..