** NB : Using another person/company's IP is illegal - What that other individual/company does in relation to it is different in each case (from allowing it to legal action)In an effort to not derail individual mod threads, I am making this one to be a central point of discussion for concerns over IP/Copyright issues when using other games as inspiration/direct influence. Please use this thread for discussion (robust as needed) on this issue and post specific examples of individual companies tolerance or otherwise of modding for GENERAL AWARENESS - The purpose of this thread is general awareness so mod makers can make at least a somewhat informed judgement on their mod. Note that I am not a legal professional and be aware that obtaining legal advice and/or approaching the company responsible for the IP is the ONLY definitive way to know how they will react!
Individuals should be aware that by directly recreating a separate game as a mod, the copyright holder of the original game is likely to have legal avenues to pursue. Even if some changes are made there may still be a case for a copyright infringement.
If a company is made aware of a mod using their IP, a range of responses are possible. Cease and desist letters have been issued to mod creators (eg. to the Middle Earth Roleplaying Project mod for Skyrim) while some companies either turn a blind eye or do not mind. (Goldeneye Source, Tristram in Skyrim etc)
A few key points to avoid:
- If you start charging for a mod, it makes the IP/copyright infringement much more serious as you are profiting from it.
- If you are ripping models etc out of a game for use in a mod it can also escalate the stakes.
There are many discussions on the Internet about legality of mods directly/indirectly referencing third party IP however at the end of the day, the people commenting are rarely in the legal profession (let alone involved in IP/electronic copyright law) so take the advice with a grain of salt. Until a company is approached about/made aware of a mod using their IP and formally replies, you cannot be sure of their stance on the issue. (Noting that some have previously happily tolerated free mods while others have pursued legal action)
Imitation/homage/covering is nothing new in art. Some people may do it for the modding experience, some for the love of a particular game, to recreate memories or to make it the game it 'could' have been. Mod creators should be aware of the risks and be aware that it is always
safest to approach the company that owns the IP if they dont want their mod to be subject to legal action. If you work on a mod based on an IP you do not own there may very well be no issues, but you may find that all your work is for nothing if you are given the hard word to stop.
*** It is not legal to use another party's IP in your mod - repercussions of this will vary from party to party. It is tolerated in some instances but if you want to be safe - ASK THE IP OWNER ***
In the meantime, happy modding!
Other reading:
An
excellent discussion of legality and how to gain permission:
http://wiki.beyondunreal.com/Legacy:Mod_Copyright
Food for thought discussion
http://games.on.net/2012/08/legal-opinion-can-free-mods-get-away-with-copyright-infringement/Mod that has received a cease and desist letter
http://www.moddb.com/mods/merp-middle-earth-roleplaying-project
