"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work."
So, me, making a fan page for FunkoPop versions of the Five Nights at Freddies characters and using their images? THAT’S fair use.
Me charging money for a fan game based on the same Funko versions of those characters is NOT fair use.
“Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.””
what i mean by moral, is about things being fair or not, and this is clearly not.
see, the fact that they can jump the gun, but the end users cant is the problem here. even the correct process is very biased towards big companies because they can afford a lawyer army to harass people with weaponized bureaucracy.
who cares besides them anyway? they cant sue everyone.
Well, if you care about an indie gaming site being shut down for copyright violations, yeah, you might want to actually care about copyright infringement.
What they were doing here though was supporting developers profiting off someone elses IP. It would be like, I dunno, I started an independent Superman movie and was fundraising off that. It’s a little different from piracy.
In the case of the Five Nights at Freddies game, the developer is infringing on not one but TWO properties.
It’s not fair use to use images and names you have not licensed.
See this asshat:
https://youtu.be/Nv8llGq9fkY
https://www.reddit.com/r/HobbyDrama/s/TCK6HUAFm7
yes it is.
No, it isn’t.
https://copyright.psu.edu/copyright-basics/fair-use/
"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work."
So, me, making a fan page for FunkoPop versions of the Five Nights at Freddies characters and using their images? THAT’S fair use.
Me charging money for a fan game based on the same Funko versions of those characters is NOT fair use.
“Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.””
legal != moral
also it was done by their users, not them.
Fortunately our laws aren’t about what’s moral or not. You need religious police for that.
The correct process would have been to issue a takedown request, then go after the domain if nothing was done, they just jumped the gun.
what i mean by moral, is about things being fair or not, and this is clearly not.
see, the fact that they can jump the gun, but the end users cant is the problem here. even the correct process is very biased towards big companies because they can afford a lawyer army to harass people with weaponized bureaucracy.
who cares besides them anyway? they cant sue everyone.
Fair use is country dependent. But here is the US definition:
https://www.copyright.gov/fair-use/index.html
And from switzerland:
https://theswissquality.ch/understanding-the-legal-doctrine-of-fair-use/
buddy as if anyone on here would care about copyright infringement. i guarantee you 90% of users on here pirate all their stuff
Well, if you care about an indie gaming site being shut down for copyright violations, yeah, you might want to actually care about copyright infringement.
What they were doing here though was supporting developers profiting off someone elses IP. It would be like, I dunno, I started an independent Superman movie and was fundraising off that. It’s a little different from piracy.
In the case of the Five Nights at Freddies game, the developer is infringing on not one but TWO properties.
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