When visiting the upcoming king's quest fanmade game (not agi or sci) they talk about section 107 of the united states code.
http://www.kq9.org/
Since I don't live in usa, any idea of this code?
Robin Gravel
usa law code
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gpm
Re:usa law code
Straight from www.copyright.gov, the US government's website for copyright law:
? 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
[glow=red,2,300]? 106A. Rights of certain authors to attribution and integrity[/glow]
Section 106 is about the orignal author's exclusive rights to reproduce and distribute work.
(a) Rights of Attribution and Integrity.- Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art-
(1) shall have the right-
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation;
and
(3) subject to the limitations set forth in section 113(d), shall have the right-
(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and
(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
Sorry if this bores you, I was starting to fall asleep myself looking through the law code! ;D
? 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
[glow=red,2,300]? 106A. Rights of certain authors to attribution and integrity[/glow]
Section 106 is about the orignal author's exclusive rights to reproduce and distribute work.
(a) Rights of Attribution and Integrity.- Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art-
(1) shall have the right-
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation;
and
(3) subject to the limitations set forth in section 113(d), shall have the right-
(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and
(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
Sorry if this bores you, I was starting to fall asleep myself looking through the law code! ;D
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gpm
Re:usa law code
In determining what is considered "fair use" they look at why the original work is being "modified", what kind of use King's Quest 9 would be for (in this case: a NONPROFIT fanmade game, which is critical because otherwise Sierra could sue them), how closely the fanmade work is to the original author's work (if the fanmade game takes parts from the original work and credits it as the work of fans), and if this work will impact the market negatively for future Sierra King's Quests (which will probably not happen)
So, if it meets all these criteria, the work can probably be called "fair use". This is how I would interpret the code, but then again I'm no law student.
So, if it meets all these criteria, the work can probably be called "fair use". This is how I would interpret the code, but then again I'm no law student.
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Robin_Gravel
Re:usa law code
Thanks. I'll look for it.
I'll plan to make King's Quest 0: so you want to be a knight. I should to put Roberta Williams credit as the author of King's quest series like Vonster D Monster's Space Quest:the lost chapter.
Robin Gravel
I'll plan to make King's Quest 0: so you want to be a knight. I should to put Roberta Williams credit as the author of King's quest series like Vonster D Monster's Space Quest:the lost chapter.
Robin Gravel
