Confused on legality....

[MinekaC.]

I have a comic that I put in my archive, because some of the pages have screen caps from Advent Children, which is why I never started up a new account for that particular comic. Then I ran across this webcomic:
http://gamingalive.comicgenesis.com
In which it seems the entire comic is simply pictures of official game boxes and text. I don't want to get anyone in trouble, I'm just confused, I thought we couldn't use anyone elses art work. We can draw/spoof other pre-existing character/objects from really popular series, but I thought actually copy/pasting pictures, similar to that comic goes against the rules.
Or does that only apply to characters, and not so much objects?
I'm just rather confused on this. If we didn't draw it, we couldn't use it without express permission from the creator.
Right.... so.... can anyone clarify this for me, sorry to ask such a noobish question.

[Mvmarcz]

If the millions of sprite comics on the net aren't in trouble not much will really matter. He's not making any money and states copyright to respective owners so I'm pretty sure no one probably cares.

as to whether it's legal or not makes me wonder if anyone has ever stickied a thread linking to copyright info considering copyright questions come up often online and in these forums.

[Dr Neo Lao]

I'm 80% sure that it's against the TOS to cut + paste someone else's work. If they've got nessages plastered everywhere stating "this isn't my work" and due credit pointing out who's work it is then they could claim "fair use". But Im pretty sure that it's quite illegal, just that it's not worth the effort of mounting legal action against something like that.

That's why so many people "get away with it". At worst they might get a 'cease and desist' letter asking them to stop.

[Dominic Durgan]

Before all you armchair lawyers get carried away, look up fair use.

Okay? Okay.

[Komiyan]

Before all you armchair lawyers get carried away, look up fair use.

Okay? Okay.

While you're here, thank you for making a bad comic good again

[Dr Neo Lao]

Looked it up. Knew about it. Still right.

Part 1: most people focus on the "nonprofit" and skip over the remaining "educational purposes" part.

Part 2: in this specific case, does not really apply.

Part 3: pretty much the whole work (cover of the game) is being used. Note that it's the artwork on the cover that is 'the work' and not the game itself.

Part 4: difficult to determine. Depends on how popular the comic becomes, which probably won't be a lot.

And keep in mind that that's US Copyright Law, not International Copyright Law (Although US Law would apply in this case as the CG servers are in the US).

[Rkolter]

The simple answer?

1) The comic you have shown is illegally using artwork the artist does not have (or has not disclosed) permission to use.

2) Just because they get away with it doesn't mean that you should ignore the law yourself.

[Kasaii]

Before all you armchair lawyers get carried away, look up fair use.

Okay? Okay.

Fair Use applies to using referenced works for the purposes of, and I quote, "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research".

As the comic in question does none of these things, it is indeed in technical violation of Fair Use.

Now, there are two other issues. The first is that personally, as he is neither obscuring the origin of that artwork nor profiting from it, I don't think it's a moral problem. This has nothing to do with its legality, mind you, only my personal opinion on the morality.

Whether or not it is against ComicGenesis's specific Terms of Use is a touchier question. The terms of use only specifically outlaw game sprites and screen captures, rather than box art or other photomanipulation or copying. That would probably be a mod question.

[Dominic Durgan]

While you're here, thank you for making a bad comic good again

You're very welcome.

Fair Use applies to using referenced works for the purposes of, and I quote, "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research".

As the comic in question does none of these things, it is indeed in technical violation of Fair Use.

It could be some kind of highbrow commentary or critique of... something. You never know.

To be honest I don't particularly care. Postcount postcount.

[Dotty]

Back in the day all the sprite comics touted "fair use" as their legal shield, and that changed. Brian Clevager of 8-Bit Theatre is a prime example, as he was either sued or strongly threatened to be sued. His copyright warning changed from a message about "fair use suckers, hahaha" to "2001-2007 - some images property of Square Enix".

In some cases it's probably likely someone realized 8-bit theatre and some other sprite comics actually make money, so fair use doesn't apply. That's my theory anyways. I believe also if the comic using the art is offensive directly to the artist, and meant to be offensive or demeaning to the artist involved, Fair Use isn't a defense. Not a concrete one, anyways. Then we get into personal attack laws, and slander, and that gets ugly, FAST.

You may wish to discuss with a lawyer over it sometime, Durgan. If Mookie was inclined or cared about what you're doing, he'd have several areas to legally assault you from.

BTW, I read through Dominic Durgan, and for the most part I don't think praise is deserving, BUT there was at least 5 moments where I laughed. Hard. Once you get the humor thing down, I'll be agreeing with Komi.

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

[Komiyan]

You may wish to discuss with a lawyer over it sometime, Durgan. If Mookie was inclined or cared about what you're doing, he'd have several areas to legally assault you from.

BTW, I read through Dominic Durgan, and for the most part I don't think praise is deserving, BUT there was at least 5 moments where I laughed. Hard. Once you get the humor thing down, I'll be agreeing with Komi.

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

He won't be sending his internet e-lawyers atfer him, I'm sure. It's just so.. petty. Mookie's doing the right thing and ignoring it, which suits me fine cause I get to read more Durgan

And yeah, they aren't all winners, but damn, some of them are laugh-out-loud funny.

[Turnsky]

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

i never saw what the big deal was about that particular comic.

[Killbert-Robby]

What scares me isn't that it may be breaching copyright. It's how god damn terrible the art work is. And it isn't even funny, Jesus Christ fuck muffins its enough to make me puke kittens (waits for the pic)

[Kasaii]

You may wish to discuss with a lawyer over it sometime, Durgan. If Mookie was inclined or cared about what you're doing, he'd have several areas to legally assault you from.

BTW, I read through Dominic Durgan, and for the most part I don't think praise is deserving, BUT there was at least 5 moments where I laughed. Hard. Once you get the humor thing down, I'll be agreeing with Komi.

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

He won't be sending his internet e-lawyers atfer him, I'm sure. It's just so.. petty. Mookie's doing the right thing and ignoring it, which suits me fine cause I get to read more Durgan

And yeah, they aren't all winners, but damn, some of them are laugh-out-loud funny.

I don't see why he would send lawyers after Durgan. It's free publicity. I should be so lucky.

[EvilChihuahua]

Yeah, if someone made a spoof of my comic, I'd be fine with it, so long as they credited and linked back to me.

[Legendary]

You may wish to discuss with a lawyer over it sometime, Durgan. If Mookie was inclined or cared about what you're doing, he'd have several areas to legally assault you from.

BTW, I read through Dominic Durgan, and for the most part I don't think praise is deserving, BUT there was at least 5 moments where I laughed. Hard. Once you get the humor thing down, I'll be agreeing with Komi.

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

He won't be sending his internet e-lawyers atfer him, I'm sure. It's just so.. petty. Mookie's doing the right thing and ignoring it, which suits me fine cause I get to read more Durgan

And yeah, they aren't all winners, but damn, some of them are laugh-out-loud funny.

The only thing I can say about this debacle is that the recent Deegan comics appear to be Mookie attempting to assert his heterosexuality.

Also, fanart for Durgan.

[Killbert-Robby]

Wow. Confused on legality or legally confused?

*rimshot*

[Americangothic]

http://www.templetons.com/brad/copymyths.html

Nice little site that makes it easier to comprehend:

SPECIFICLY, copied and pasted from the website above:

6) Myth: "If I make up my own stories, but base them on another work, my new work belongs to me."
False. U.S. Copyright law is quite explicit that the making of what are called "derivative works" -- works based or derived from another copyrighted work -- is the exclusive province of the owner of the original work. This is true even though the making of these new works is a highly creative process. If you write a story using settings or characters from somebody else's work, you need that author's permission.

Yes, that means almost all "fan fiction" is arguably a copyright violation. If you want to publish a story about Jim Kirk and Mr. Spock, you need Paramount's permission, plain and simple. Now, as it turns out, many, but not all holders of popular copyrights turn a blind eye to "fan fiction" or even subtly encourage it because it helps them. Make no mistake, however, that it is entirely up to them whether to do that.

There is a major exception -- criticism and
parody. The fair use provision says that if you want to make fun of something like Star Trek, you don't need their permission to include Mr. Spock. This is not a loophole; you can't just take a non-parody and claim it is one on a technicality. The way "fair use" works is you get sued for copyright infringement, and you admit you did copy, but that your copying was a fair use. A subjective judgment on, among other things, your goals, is then made.

However, it's also worth noting that a court has never ruled on this issue, because fan fiction cases always get settled quickly when the defendant is a fan of limited means sued by a powerful publishing company. Some argue that completely non-commercial fan fiction might be declared a fair use if courts get to decide.

My addition: I know that I have heard different things coming from different authors and artists. Most Japanese fan-fiction is ignored because it is a cultural thing- they like it and almost encourage it as free advertising and fan appeasement. Go look at how many for-pay doujinshi's there are of Inuyasha hentai for example. They are making a profit.

BUT-- here in America...go talk to Anne Rice. She not only frowns on fan-fiction, she will send lawyers out to smack it down. Even before she rejoined the Catholic church, she angrily went after all derivitave works (except those that were obvious parody --cases she would not win in court).

[Dominic Durgan]

You may wish to discuss with a lawyer over it sometime, Durgan. If Mookie was inclined or cared about what you're doing, he'd have several areas to legally assault you from.

BTW, I read through Dominic Durgan, and for the most part I don't think praise is deserving, BUT there was at least 5 moments where I laughed. Hard. Once you get the humor thing down, I'll be agreeing with Komi.

After reading Yirmumuh!, the word "Fuck" has lost all sense of hilarity. Most cursing has, actually. I'm also not a fan of dick jokes. HOWEVER, you have several hidden gems, really good ones, in your archives.

A lawyer? lmao wut u talkin bout. If Mookie ever gets out of his trailer and decides to threaten to lynch me for improving his crap, I'll just take it off the internet. It's a Goddamn parody webcomic, nothing worth lawyerin' about. But Mookie won't do that, like someone else said. He just wants to ignore my beautiful retelling of his dumb story. He doesn't even respond to my e-mails

Most of the supposed humor in Dominic Durgan comes from making fun of Dominic Deegan. Hate Deegan and you'll like Durgan. Also I guess the "swearing isn't funny" thing does tend to suck a lot of the wind from its sails. But hey, surely racism and drugs are hilarious?

I don't see why he would send lawyers after Durgan. It's free publicity. I should be so lucky.

To be honest, I only added the legal blurb at the bottom because of the neckbeards on Deegan's forums exercising their vast, vast knowledge of copyright law. Apparently it's illegal for me to use the term "Doctor Who" in dialogue, if you didn't already know!!

I'll probably put some better legal mumbo-jumbo at the bottom, but essentially it's just white man's magic to keep the natives at bay.

Yeah, if someone made a spoof of my comic, I'd be fine with it, so long as they credited and linked back to me.

Oh, I have. Credited at the bottom. Also try clicking "fan art".

The only thing I can say about this debacle is that the recent Deegan comics appear to be Mookie attempting to assert his heterosexuality.

Also, fanart for Durgan.

Hahaha, oh Jesus, I love this. I love this fanart. You are rad.

And Mookie can reassert all he wants, because the next storyline is the stupid Erossos one, and by God I'm going to make it gayer than a Broadway musical enacted entirely by drag queens.

[EvilChihuahua]

*Clicks 'fanart'*

That's hilarious. Your comic, while it's not my cup of tea, (perhaps because I do like Dominic Deegan) has some absolutely awesome gags.

My favorite is the one where Dominic and Lun...sorry, Mongo are hugging, and all you did was add a fart sound effect.

'Cause everybody knows that gas=humour.