Modder's copyright claims...

[BTGBullseye]

I'm using as an example this debacle with the Morrowind 2011 Compilation pack. http://www.joystiq.com/2011/01/06/morrowind-2011-mod-pack-pulled-after-modders-raise-concerns/

 

My opinion is that it was not stealing, did not break any laws, and was entirely within the ToS of the game and it's modding program. Credits were provided, and were being updated for the few mistakes it had. The suing for monetary compensation by some of the modders is total bullcrap.

 

What are your takes on it?

[Brad]

I can understand that they'd want to be credited but if you ask me, they took it kinda far.

[Blightmare]

Cool. Something amazing finally comes out and once again the collective bads of the earth jump on it like a pedobear at daycare.

[Axeldeath]

But Bethesda own the rights to any mods made don't they?

[WonSul]

I don't think they own any rights to the mods made by others. Just like the modders don't own any rights to the source material. Isn't it in the terms of service or whatever, that mods cannot be sold for money. So suing someone wouldn't be for damages but for the forced removal of the content from their site if the individual refused to remove it. Is it going too far? maybe not. especially not for the largest mods that took years to make like the graphic mod for Morrowind which makes it look absolutely INCREDIBLE. Unfortunately I can't even run it on my laptop.

https://www.youtube.com/watch?v=9NX-MvnYUEs

I'd be pretty upset if someone took years of my work without asking me for permission and then releasing it under their name in some kind of compilation of mods as if they made it all. And the threat of lawsuit is best done as just a threat. In most cases its enough to force a change. It's not like you have to attach a copy of a legal document to do it. lol

[Doom Shepherd]

Hi, Librarian here. I had to take a class in copyright law.

 

Generally, when a company copyrights and trademarks something, there's a clause somewhere in the copyright that includes the words "and all derivative works."

 

It matters very much whether or not that clause is in there.

 

I'll give you an example: Paramound owns the rights to Star Trek, and all derivative works. That means that if you, say, create your own Starship design, kitbashed from or otherwise based on the ship designs seen on the show (a LOT of people did this in the 70's, making blueprints and models and books and whatnot, and selling them), all of that work ACTUALLY belongs to Paramount, and they can sue you and recoup the money you make, if they choose to do so.

 

But if someone copies the design YOU made, maybe dresses it up and posts it as their own? You're SOL, because you don't actually own the rights to it, Paramount does.

 

You can threaten to sue, which may work, since even fighting a winning lawsuit against an invalid claim costs money, but you're very unlikely to ever have a chance of winning such a suit. And if you live where "loser pays" is the rule, you're even more SOL.

[BTGBullseye]

Generally, when a company copyrights and trademarks something, there's a clause somewhere in the copyright that includes the words "and all derivative works."

 

It matters very much whether or not that clause is in there.

That clause is most definitely in there, in both the game EULA and the mod tool's EULA.

 

Bethesda EULAs are the only ones besides WoW that I've ever read all the way through.

[Koach]

i think the modders did the right thing. i personally know a couple that already payed for a copyright for their mod's sound effects and gunshots. in fact, in the mod's files there's a huge notepad message, that explicitly announces that if anyone used those sound effects anywhere without the mod team's permission, they would sue.

[BTGBullseye]

i think the modders did the right thing. i personally know a couple that already payed for a copyright for their mod's sound effects and gunshots. in fact, in the mod's files there's a huge notepad message, that explicitly announces that if anyone used those sound effects anywhere without the mod team's permission, they would sue.

The sounds are not the mods themselves unless the mod only does sound replacement with their own custom sounds. Otherwise the mod still belongs to Bethesda only.

[Ross Scott]

To be honest I do the same thing in my videos, but I try my damndest to credit everyone who created content I use. I probably get more leeway however since I don't actually distribute their files, just use them in making the videos.