PJCLink, I thought at first that your heightened emotion was just due to a misunderstanding, but you still appear to be angry. I think you might be taking what I'm saying a bit too personally. I'm talking generally here and know very little about you.
(08-28-2016, 12:07 PM)PJCLink Wrote: Also, I'm NOT going to put a whole long copyright and fair use thing on my videos pages, threads, and sites (maybe in a readme file though, but not anywhere else)! There is nothing wrong with:
Quote:All Zelda Characters, names, etc are property of Nintendo.
This Game is fan-made, NOT official and will be for NO charge. I am working hard to make this game for free. Then I will upload it and you will be able to download it for FREE! No money involved, so this should not infringe copyright.
Yes, I didn't say there was anything wrong with not including a big fair use disclaimer. I do this voluntarily to make it easier to defend myself from frivolous copyright claims by lawyers that don't understand (or perhaps pretend not to understand) fair use.
What you indicated there has incorrect logic in it (the fair use defense has very little to do with whether or not money is involved; transformativeness is far more important and being non-commercial is not by itself sufficient to render a use "fair"), but it is perfectly fine as a trademark disclaimer (the important part where it says "This Game is fan-made, NOT official").
Quote:It has worked for me in the past.
I don't know why you claim to be an authority on the topic based on the fact that you haven't been DMCA'd or sent a cease-and-desist letter. Most fangame authors, even those who do very stupid things, do not get these things simply because they haven't caught Nintendo's attention.
Quote:I don't think you understand how important it the actual owners of the franchise get credit! Otherwise, without credit to the owners of the franchise, those owners will see that content, and if they don't see their company name in the credits or copyright disclaimer, they will not be happy, and they'll shut down the game!
Nintendo is a profit-driven corporation. It acts in the interest of profits (in fact, is legally required to do so), not "credit". All Nintendo cares about with regard to anything you do (and that includes copyright infringement) is whether or not it might result in less profit for them.
Quote:Quote:DMCA takedowns are with respect to copyright infringement, i.e. using any copyrighted work without permission and without a fair use defense. As I explained, copyright infringement has nothing to do with whether you give credit or not. It also has nothing to do with whether or not you "claim" copyright.
[facepalms] Yes it does! It's called COPYRIGHT RIGHT INFRINGEMENT for a reason! If you claim someone else's work, that IS COPYRIGHT INFRINGEMENT!
I can't say I follow your reasoning here. Copyright infringement is called copyright infringement because it is the act of infringing a copyright. A copyright is a legal monopoly granted by the state on the making of copies of a particular written work. It has a long and ugly history, but in its current form, it was established to encourage creation of new works (especially books and scientific papers).[
To "claim someone else's work" is not copyright infringement, but plagiarism. That's entirely different, and there is actually no law that forbids plagiarism in particular; it's treated just the same as any other lie. The only thing connecting copyright to plagiarism is that some copyright licenses permit use, modification, and distribution of the covered work under the condition that credit is given (like the Creative Commons licenses). But for example, if I were to claim right here that I was the author of Super Mario Bros, that would be an act of plagiarism that no copyright restrictions can ever stop (since I'm not distributing Super Mario Bros by making that claim).
Quote:I talked to my 34 year old brother, who took business and law classes in school, and even has some experience in the world of business about this and even he agrees that I'm doing things the right way.
He agreed with me that if I did things your way, I would get copyright strikes, DMCA'd, or sued!
That's nice, but taking a business class and law classes in school doesn't make your brother an authority on how copyright works.
Quote:Quote:This is not true from a legal standpoint. The "rights" you are referring to are copyright monopolies. Copyright is about who is allowed to distribute a creative work and has nothing to do with giving credit. Your only defense with regard to copyright (other than explicit permission, which you're not going to get) is fair use.
This doesn't make any sense at all! Nintendo owns the Zelda franchise! I'm simply just them credit for such! Geez, is it really that hard to understand?
I'm not the one who's not understanding here. As I explained above, giving credit to Nintendo (which isn't even well-placed credit, by the way) is not a defense against claims of copyright infringement. Only fair use is a valid defense.
Quote:But those people work for Nintendo, which is holder to the rights of all their franchises, not the people themselves.
If the current copyright holder deserves credit for authoring a work, then it follows that when you die, whoever inherits your copyrights deserves credit for your work, and when your work enters the public domain (assuming perpetual copyright on the installment plan doesn't continue forever), no one (not even you) deserves credit for your work. I reject this idea. The author of a work deserves credit for it, regardless of whether or not they hold a copyright monopoly on it.
Quote:disrespect me, my beliefs, my ways, and everything
I don't think I have said anything to you that was disrespectful. If you feel you have been disrespected, then I'm sorry you feel that way. However, I have not done anything wrong by disagreeing with you.
