Legal Information when porting/converting models to SWBFI/II

[RepComm]

I do believe this has been answered before, but people need to know, and without being bothered to look through a random topic, with lots of pages to sift through.
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What is the legal limits of converting/porting models from other games into SWBF?
I know from SWBF to SWBFII and vice-versa is mighty fine, but what about SWRC? Or some other Starwars franchise?
The models of course, being modified or not.

-Excellent Explanations by Tirpider bellow. I recommend reading it before even touching other models from different games. - As for SWRC: Their EULA does not suggest in any way that its illegal to use their models, as least for in SWRC itself.. But there is no content that would suggest not to use it in another game, let alone another Star Wars game. But don't take my word for it, read the EULA to be sure.
- Personally, I take it as a "Go for it" but it could be different. And I am not always right

[tirpider]

Tricky lake you are jumping into.

I see 2 parts to this. A legal side and community standards side.

On the legal side, you are bound by the terms and conditions of the EULA's for any IP you start messing with.
If you want to port Madden player models, you will have to see what EA says about it.

In most cases you will run into big bold NO's from everyone.

You have to read their eula's to know for sure. FAQ's on community forums won't keep you from getting sued.


On the community standards side, you have much to consider, but remember that the law will always trump whatever standards folks come up with.

We move stuff back and forth from SWBF1 and 2 pretty regularly, and it's generally ok and within the community guidelines, but SWBF1 and SWBF2 are 2 different properties and if it ever came into contention it would be cease-and-desists for most everyone. The spirit of what we do doesn't transfer ownership from anyone to anyone though, so it really isn't anything to worry about unless you try to sell any of it.

As part of a "modder's code" we ask folks before we use their stuff or modify it, and we attribute them in the credits as the creator of the content.  This isn't part of the mod tools eula, but a standard of polite behavior.   The repercussions of not doing so vary, but could lead to being branded a thief, being banned from sites, being referred to as scum in casual conversation, ect. As modders, we work to make mods, and a reputation is sometimes the only reward. Being branded as a content thief kills that reward.

Bringing stuff in from other properties is tricky. You must consider their EULA. If they say don't do it, then I wouldn't.

You also have to consider where you release it.  I would speak with admin or staff here before posting assets from other games. Whether you converted them or not.  If anything bad came out of it, the result could be a take-down notice in Buckler's inbox. As a rule of thumb, don't do it. I like this site.

Some content may be ok, like the JA models Raven released the sources for. I would imagine they are OK since other folks have ported some of them before, but that's going by community standards, and not law.

I see other sites porting and ripping stuff with impunity. Adhering to their own sense of right and wrong as a guide. One could argue that since they don't bother to ask, then it must be ok. One could also say they are just lucky the legal departments of the companies whose IP they are pirating haven't caught wind of it or don't care.

Regarding RC.
Check their EULA. Did they actually release any models? Did they give permission or reserve it? Did they intend for the assets to be used in whatever way you see fit, or did they just want them being used with their modding sdk? Does Buckler approve?

Use your common sense. If using an asset from another game honestly feels like you are pirating it, then you probably are. Be honest with yourself and know the consequences of your actions.

Using IP without permission to do so is seizing control of property that doesn't belong to you, thus depriving the owner of the benefits of owning that IP.  Lawyers love that stuff and will eat you alive.


Note: if Buckler doesn't approve, that doesn't mean don't do it. It just means don't do it here or link us to it. He may have reasons beyond letter of the law to keep things off the site. It's his site and those are his decisions to make.
I'm not advocating anything, just clarifying that point.


-edit
Star Wars stuff is all characters and likenesses of designs owned by LA.
All those Deviant Art pictures, all the youtube parodies, all the t-shirts, and all the game content. It all falls under LA rights as far as I know. (not a lawyer)

I heard that BioWare is particularly stingy with their KoTOR content. But they designed them. It gets fuzzy and hurts my head when faced with the actual legal rights of IP owners, but know that the designs are just as solid a property as the thing it'self.

[Led]

I just saw this topic.

I think tirpider summed it up well.

We have to be careful here.  If in doubt, make a post asking what everyone thinks.  In the end, I will have to make a judgement call.

We are fairly small-time so we would probably not get bothered, but I would like to avoid scrutiny.  It concerns me to know that some mods that have been produced by modders here have gotten take down notices at other file sharing websites (the reasons why were not clear).

[{TCE}Call-of-Duty]

how about assets made for another game but they aren't actually made by the company just some random modder

[tirpider]

It's different for different games.

If you check the EULA for the SWBF mod tools, you will discover that everything we make using them becomes the property of LA, and therefore is covered under that licence.

To be really safe, check the EULA for that game and then check with the person that created the content you want to use.

Most all of it should be fine, but check anyway, cause if it's not fine, then it's catastrophic.

The stuff I would avoid like the plague is sound effects and music.  Even Star Wars sounds.  The Skywalker Sound clauses in every licence I have read explicitly says don't do it, don't even think about it or we'll feed you to our lawyers.

Which is kinda ok. The real beauty of SW sounds is that they made all the good ones using really simple real world techniques. Banging wrenches on ground wires and slowing it down while mixing in otter sounds and stuff.


tldr: ask the modder whose asset you want to use.

Their email should be included with the asset or at least on the page you got it from.
Give them a couple of weeks to reply to your message.
If you never hear back from them, then I would either forget it or try to make the asset yourself.
But at least try to contact them. They spent weeks making it, the least you can do is take 5 min to shoot them an email.