How does usage work?

[Sci_FireShock]

So, I'm kind of new to game programming, and I've toyed around a bit with Unity 3D and what-not, but I'm no artist, so I frequently visit VGResource and look at other company's art, just to remind me how terrible my art skills are. 


Anyways, self-criticism aside, something has always confused me about ripped sprites and when people use those sprites, Fair Usage. 
How exactly does fair usage work?
I've tried looking up related subjects about this kind of thing but nothing seems to be getting through my thick dull skull.
For example, I like stories that involve the viewer as the main character, and they interact with characters from other games, and seeing that in games as in like a visual novel is one of my favorites. However, because I want to make that a thing with the game whose characters I love, I don't know what the consequences could be if I end up using those assets.
Is there a way I could get around using other company's works, or is it just a false hope that I'm just chasing?

Also, side question; This is my first post on here, did I put it in the correct category? I don't know if this was suppose to go into the "Help!" category.

[cheat-master30]

Generally, the ripped sprites here are used in fan projects, usually in the form of webcomics, animations and fan games. It's debatable whether these count as fair use, but for the same reason that companies don't usually shut down fan fiction writers, they tend to leave fan creators alone when it comes to using their works.

However, they're a lot less likely to be forgiving of a commercial product using their artwork, and the best one of those could hope for is to be quickly pulled from Steam/the app store. In other words, no you can't use this stuff in a commercial game, and the consequences probabably won't be too good if you did.

[Bobsican]

Well, I may be new here, but I think I can contibute to this:
You may use most copyrighted assets in videos, webcomics or stuff of that sort so long you don´t basically make the same thing and attemp to get profit from it (bootlegs, rip-offs and so on).
But if what ou want to do is something like Original Characters, memes and the like, you may feel free to do that as long you do´t attempt to earn money (ad-enhanced links count in this)
In short, most companies allow their assets to be used so long it isn´t something too big, good or noticeable, so I wouldn´t recommend that path unless you´re going to make Sonic romhacks.

If you want to make a game about the player interacting with crossovered characters, well, while a good idea, as it would be likely impossible to also make it canon, that turns almost the whole point of it useless (as some players would like to make weird or innapropiate stuff with them, and a small few what you would have hoped for).

So I would recommend to just first make your own characters (witn no sort of player as avatar), then places that make your world different from the rest (this is why I like far more franchises that don´t just take real life-content and paste them into it with no noticeable changes other than the characters in there).

For example, I´ve noticed that the most iconic videogames have pretty special iconic places that put them apart from other series.
I would say more, but I think this should be more than enought.
In case you want more tips, I would also recommend this YouTube channel, it´s great for this purpose about developing videogames in a social sence.
If you still want to put copyrighted assets in the game however you can also just put an easter egg in the background, edited enought and not directly referenced toyou don´t get in trouble.
For example, putting a Starman from Mario into the shape of a candy that some kid is eating around (smaller, of a different color and with different texture propierties), which name he says is called "Stormy" or something like that.
Basically just keeping it subtle enought so only those smart enought can get it.

[hentaiaru]

I just figured out that the best solution to fair usage is to completely avoid anything that other people have commercially claiim.


In general that "potential" profit always bugs another since everyone just dont profit enough. If you want to use something copyrighted.... you are either a fan or a competition. And when you claim to be a competition... you are already in forlegal fights and damage... all that are completely gray in nature rather than fun and family friendly.

You could completely lose even if you are in the morally correct position since you are damaging anothers potential profits.