05-17-2013, 08:29 PM
Quote: So, how should we deal with artists that make covers of other songs, but with their own style? I guess they should be sued too or at least give all their earnings to the original artist, huh.The copyright law strictly says that when you do a cover of a song or something, you still need to pay royalties to the original composer. Or when the singer/composer already died, it'd be sensible to ask his/her family or something. Suing over music is older than you think, and even if you make original content you are still using content that is not yours, and this forced Richard Strauss to pay royalties every time he played his Poem.
Quote:How is -creating and preparing you own content- not original work?the same thing a fangame cannot be sold. Mario fangames can have original music, original sprites, original programming and original characters even. Though you can not sell it. No matter if you pixelled everything. No matter if you composed everything. It's still Mario, Mario is Nintendo, therefore it is illegal to sell your game. See how effort means nothing if the law isn't with you?
Quote:It's like me being unable to write an walkthrough about a Nintendo game on my blog, which I happen to monetize, because it's a Nintendo game. Gamefaqs must have been sued as hell.It's because in your case in specific, Nintendo doesn't care about going after these sites. They are numerous and would do Nintendo or any game maker no good in taking them down. Also walkthroughs, imo, are more lax compared to LPs because well, LP is literally recording a huge chunk of the game. There's music, there's programming, there's story being told all in the same time. This is what I think, I don't know how law treats walkthroughs in specific.
It is dickish? Maybe. But still their rights. But so is dickish that in Brazil, everyone has the rights for defense in court even if we think and have a handful of proof that he is guilty. That's law.
Dazz himself had to deal with copyright laws while running tSR once too if I'm not mistaken. I'm not sure maybe what keeps tSR up is that it deals mostly with graphics and sound effects, which aren't that 'spoiling' in the game makers' eyes than a LP is? I have no idea.
PS: I know that charlie and the chocolate factory isn't a music but you get the point
PS2: I also don't know international laws, let alone national laws, but I did my best to gather examples. If I'm wrong, feel free to correct me.
Quick recap:
1-LPs are hard to make. No one said it was easy;
2-There is obivous effort in there. But personally it can't be charged because it's associated with something not yours;
3-People that get money off this will be pretty pissed off, but well, the laws don't seem to help them in this case;
4-I might be wrong, in this case ignore me and let's do a group hug.