Sprites, Backgrounds and Copyright
I am interested in writing my own game so that I might use it as a sample of my work to prospective employers. However, I have a question. I am not an artist. I can''t draw backgrounds or sprites very well. If I were to use the backgrounds and sprites of somebody who can draw like an artist for my own unique game and use them in my presentation to prospective employers is it legal? Is this copyright enfringement on my part? If it is, how do I write a game and use well drawn sprites without me having to draw these sprites and backgrounds and my unique game still be legal?
January 08, 2004 10:44 AM
I''m sure if you hire an artiest to do work for you, the work he does is technacly yours.
Just like if you program for a company, the programs you make belong to the company, not you.
If you take it off the internet you have to get written permition from the artist.
Just like if you program for a company, the programs you make belong to the company, not you.
If you take it off the internet you have to get written permition from the artist.
You''re third statement doesn''t make since, especially after the first two.
I was told that games like RPG Maker (PSX) was a good way to illustrate your creative abilities to potential employers, and that a number of games came from this game. There''s to be a sequel for the PS2 soon, although the manual is said to be 60+ pages and is to be read three times over before you can really grasp everything. Whether this is true or not, it seems like an interesting idea.
I was told that games like RPG Maker (PSX) was a good way to illustrate your creative abilities to potential employers, and that a number of games came from this game. There''s to be a sequel for the PS2 soon, although the manual is said to be 60+ pages and is to be read three times over before you can really grasp everything. Whether this is true or not, it seems like an interesting idea.
quote:
Original post by orionx103
You''re third statement doesn''t make since, especially after the first two.
Umm, yes it does. In the first two examples, someone is being paid to produce the work, so whoever paid probably owns the items unless there was some other agreement made.
In the last example, odds are that the files are not the property of the original creator and that they''re being distributed without permission. If the files do belong to the site owner, then permission to use them would most likely be given on that site.
ThePeaceMaker : There are a number of sites which provide freeware and public domain images for use in games. It would be wise to check that they belong to the site owner and what the terms of use are though. Using them in a program you would be showing others couldn''t be considered personal use for example.
Giving the artist credit in some form would be an idea too, even if it''s not required.
No, no, no.
For all intellectual property, the creator has complete control over all rights, UNLESS the IP is part of the creator's employment, or the creator has been contracted to create the IP as a "work-for-hire".
If you want to contract an artist, and you want to own the works they created for you, it must be EXPLICITLY stated in the contract; otherwise, you're just asking for trouble. (You could also start a business and HIRE the artist instead of contracting them.)
For more information, google for: copyright "works for hire"
EDIT: Minor clarifications.
[edited by - Anthony Serrano on January 10, 2004 7:04:35 AM]
For all intellectual property, the creator has complete control over all rights, UNLESS the IP is part of the creator's employment, or the creator has been contracted to create the IP as a "work-for-hire".
If you want to contract an artist, and you want to own the works they created for you, it must be EXPLICITLY stated in the contract; otherwise, you're just asking for trouble. (You could also start a business and HIRE the artist instead of contracting them.)
For more information, google for: copyright "works for hire"
EDIT: Minor clarifications.
[edited by - Anthony Serrano on January 10, 2004 7:04:35 AM]
quote:You can''t simply take someone''s graphics without their permission. That would be breach of copyright. You either need to get someone to create some art for you or get permission from the creator to use existing art. As this is a demo you don''t even need to own the copyright, just have permission to use the graphics for the purpose of the demo.
Original post by ThePeaceMaker
how do I write a game and use well drawn sprites without me having to draw these sprites and backgrounds and my unique game still be legal?
While you are at it you can turn the fact that you can''t draw from a negative into a positive. You can''t draw but you do have the ability to solve problems. Include a note in your demo or documentation to the effect that you are not an artists so you tracked down an artists who could supply the necessary art, negotiated an agreement to use their art in your demo and worked with the artist to ensure the graphics suited your needs. - In that way you are showing initiative and team working skills.
Dan Marchant
Obscure Productions (www.obscure.co.uk)
Game Development & Design consultant
Dan Marchant - Business Development Consultant
www.obscure.co.uk
www.obscure.co.uk
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