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Well, you could ask him what the deal is about asking him for advice (or tweet it openly and hope Dan tweets at you both)!

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(ianal) It's perfectly legal. It's your art, your creation, despite it is inspired by the work of others.

 

BUT that doesn't mean "they" won't try to sue you into oblivion.

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(ianal) It's perfectly legal. It's your art, your creation, despite it is inspired by the work of others.

 

BUT that doesn't mean "they" won't try to sue you into oblivion.

I'm also not a lawyer, but this is correct.

 

You can look up derivative works, but basically, your illustrations, though based on their copyright, are likely transformative.

 

Bear in mind, as my wife like to remind me: "Fair Use is an affirmative defense". That means that, if a suit is brought against you, you must prove that it's transformative, they don't have any obligation to prove it isn't.

That being said, you're pretty much safe, Disney is no more likely to go after you than to shut down every single booth at Comic-Con that's doing unauthorized sketches of Spiderman.

 

It's probably nice to provide attribution (of the original game) regardless, though.

 

(Nice work BTW.)

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I got in touch with the lawyer Ben mentioned. Short answer was no, it's not fair use, at least not in the UK. Except maybe if included with each picture is some text (review, critique, context..) which I was thinking could be some small historical context for the game in question. Could be a neat solution to this!

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My brother is Kickstarting a feature film called CENTS, about a very bright 12-year-old girl who  recruits her frenemies and uses her gift for math to revamp the school penny drive and make major money. It's a clever story that also addresses complicated issues young students encounter today (bullying, gender stereotypes, etc.) Check it out:

https://www.kickstarter.com/projects/958208495/cents-feature-film/

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I got in touch with the lawyer Ben mentioned. Short answer was no, it's not fair use, at least not in the UK. Except maybe if included with each picture is some text (review, critique, context..) which I was thinking could be some small historical context for the game in question. Could be a neat solution to this!

 

Whaddya know, turns out we are not lawyers. Good luck with wriggling through a loophole, would be amazing to see your work in a book. (And remember to plug Alex whenever possible!)

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I make stupid youtube videos sometimes. My most prized video is a two part interview with games writer Aaron Linde 

 

I plan on making videos but I mostly do it for fun, though it started as a avenue to get into the industry but never would work out that way.

 

If you like what you see feel free to subscribe, if you want to make a funny with me I would love to have a fellow thumb listener on.

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Noyb, I think I found a bug...

scr.png

 

I made 1 move and it sent it into an endless chain of matches. I stopped playing after the voice over ended and the chain reaction was still going... Not sure if this is a feature, which would be interesting, but the text on the game page suggests there are other levels... Thought you should know.

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I make stupid youtube videos sometimes. My most prized video is a two part interview with games writer Aaron Linde 

 

I plan on making videos but I mostly do it for fun, though it started as a avenue to get into the industry but never would work out that way.

 

If you like what you see feel free to subscribe, if you want to make a funny with me I would love to have a fellow thumb listener on.

 

Dude this is great! Got yourself a subscriber.

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So I got my first tattoo today! it is the symbol of the ball from InFlux which is from the Impromptu logo.

 

1010414_10152044070202819_791007856_n.jp

1510846_10152044076772819_1400441653_n.j

 

My mate Cynthia did it which is the best, because I feel like it is super rad to have this stuff done by someone you know properly, and afterwards we went out for drinks and had an awesome time. I have in fact had a pretty crazy good couple days just saiyan.

When I was in Seattle for Dev Days, Mr Gaynor wrote "FUCK GAMES" on my arm and now I also kind of want to get that inked

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hey everyone!  I've been loitering around this thread on and off for a while now and seeing so much cool stuff, I finally decided to join up and get involved!

 

First i've got to say the "prove you're a human" authentication questions when you join up seem to have added poignancy on this website, due to the general bigdog / petman fear in the air :)

 

Second, here is a gif captured from the game I'm working on:

 

spearthrow2.gif

 

if this is interesting, here are some more as hyperlinks so they don't slow down the page for everyone with 20 megs of gif downloading:

http://www.powerhoof.com/wp-content/uploads/2014/01/beholderVspear.gif

http://www.powerhoof.com/wp-content/uploads/2014/01/insanity.gif

http://www.powerhoof.com/wp-content/uploads/2014/01/beholderEye.gif

http://www.powerhoof.com/wp-content/uploads/2014/01/test2b.gif

 

that's our latest stuff, if anyone is interested, you can see more at http://www.powerhoof.com  :)

 

The game is called Crawl, it's an arcadey local-multiplayer dungeon crawler where people take turns controlling the hero while the other players control all the monsters and traps

 

Anyway, keep up the good work everyone and stay vigilant- the biggerdogs and not-so-petishmen are on their way!

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Hey, I had seen that on tigsource before. Welcome to the forums!

That game looks amazing! Love the animations.

What is the 'Prove you're a human' question?

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cheers BigJKO :)

the security question was "name one of the podcasts on this website", which doesn't seem entirely petman proof to me!

 

i guess once the robots figure out how to parse those images of wobbly strings of letters, then we're pretty much screwed- we'll be these tiny human minorities in our own forums as the robots chat super-efficiently at 500 posts per second on entirely robot-related topics we don't understand, and then laugh at us robotically when we try to interject and call us robonoobs or some vastly more efficient insult!

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Our last refuge after our robot lords take over, will be sending out emergency rebellion messages using this forum.

 

Until the robots can name one of the podcasts on this website..

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I don't specifically have anything to plug yet, but this is shit I will eventually plug that I need some opinions on!

 

Alright, I'm making that book. That book with my adventure game illustrations in it. Eventually I'll take pre-orders and require a minimum of 100 or the book will not be made (don't want to front the cost on something that no one might be interested in at all..)

 

I've been in touch with The Lawyer. Still waiting on the full guideline from him, but roughly: If I get permission, I'll put just the illustration. If I don't get permission, I'll have to write a description of some sorts to accompany the ilustration, which'll make it fall under fair use.

 

So, Opinion Time!

 

What'd be the best way of presenting this? I expect to get no permission from Disney for the LucasArts games (maybe I will..? ..but I won't.) But a lot of the illustrations are of indie games or otherwise from companies known for being cool about this sort of stuff (eg. Revolution, who've even bought one of my prints!) So there'd be descriptions of only some of the games? That'd be weird, right?

 

One idea I had was to posit it as a sort of History of Adventure Games. Sort the illustrations in chronological order. Then have the few descriptions function as a kind of chapter heading, i.e. "1995-1998 - blah blah blah a golden year of whatever, something about Full Throttle, etc." next to that game's illustration. But the problem with that is the LucasArts games aren't staggered enough to all be good as dividers, so there'd still be weird stuff like Full Throttle being a divider, but then The Dig also having a description in the following pages.. Make sense? Also, I sort of don't want them in chronological order, because suddenly the entire second half of the book is just modern adventure games. They're great, but I want some old ones in between.

 

The other option would be to do descriptions for it all. I'd rather not do that, because man.. that's a lot of text. And double the page count (because the way I want it is that each illustration has its page for itself, I don't want a block of text next to it, because that'd make them smaller..). I haven't checked if the price is a lot higher, but I imagine it will be. Also.. man.. a lot of text. I'm an awful writer, so it wouldn't even be particularly interesting stuff! Awful!

 

Third option: Just write descriptions for the games I haven't got permission for and just.. Not care that it's a bit weird that some of them have descriptions and some don't? I don't like this idea, because it lacks some sort of thread, but it is the simplest option.

 

Anyone have any bright ideas on how to solve this? 

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What'd be the best way of presenting this? I expect to get no permission from Disney for the LucasArts games (maybe I will..? ..but I won't.) But a lot of the illustrations are of indie games or otherwise from companies known for being cool about this sort of stuff (eg. Revolution, who've even bought one of my prints!) So there'd be descriptions of only some of the games? That'd be weird, right?

 

This forum is probably not a great place to ask for legal advice, but on the other aspect yes: It would be weird to have descriptions for some but not others.

 

Standard not a lawyer disclaimer: I am not a lawyer. Both Alexes are good guys, they've helped me out too.

 

Here is a hypothetical situation you should probably take to a lawyer: If having a description makes it fair use, how about having a description for every game while also getting permission for everything you can? I'm not sure if that puts you on stronger legal ground overall by covering your back in the maximum number of ways for each illustration, or [large copyright holder] could argue that in treating all illustrations the same, you should have their permission as well as the description.

 

Even if it's fair use, there is always the possibility that you'd have to fight a large copyright owner over it. Which is a great shame, I don't want to see that fear put a damper on your work.

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If there's enough LucasArts content the you could divide it into themes and publish as several smaller books, each illustration with the minimal amount of flavor text to satisfy legal representatives and readers who would appreciate a bit of light contextualization.

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