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Copyrighted Sprites / Maps etc

Started by February 11, 2006 04:52 PM
3 comments, last by frob 18 years, 9 months ago
Hi all, just a quick question. If a company copyrights a game, is there any set length of time before the copyright expires? For example, i was hoping i could use some of the sprites from Super Mario World, from the SNES. Since this was released over fifteen years ago, i was wondering if i'd be able to do this legally. Thanks everyone
"Leave it to the computer programmers to shorten the "Year 2000 Millennium Bug" to "Y2K." Isn't that what caused this problem in the first place?"
Depends on the country, but you're looking at at least 70 years. Don't expect to be able to use any material from another computer game anytime soon: even the oldest computer game is probably still protected.

Quote: US Copyright Office

For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.


Quote: UK Patent Office

How long does UK copyright last?

Copyright in a literary, dramatic, musical or artistic work (including a photograph) lasts until 70 years after the death of the author. The duration of copyright in a film is 70 years after the death of the last to survive of the principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film. Sound recordings are generally protected for 50 years from the year of publication. Broadcasts are protected for 50 years and published editions are protected for 25 years.
"Debugging is twice as hard as writing the code in the first place. Therefore, if you write the code as cleverly as possible, you are, by definition, not smart enough to debug it." — Brian W. Kernighan
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Quote: Original post by Tesl
...If a company copyrights a game...

All the countries that matter (including yours) follow the Berne Convention. Content is under copyright the instant it is made permanent (=recorded, written, saved, etc.). One of the rules is that there must not be any required formality to aquire those the rights.

Quote: Original post by Tesl
...is there any set length of time before the copyright expires?

Yes. It is set by law in the various countries. Google shows that in the UK the copyright on computer generated works expires 50 years after creation.
Quote: Original post by Tesl
For example, i was hoping i could use some of the sprites from Super Mario World, from the SNES. Since this was released over fifteen years ago, i was wondering if i'd be able to do this legally.

No.

In all the countries that matter, copyright terms are several decades long. If the content was created for a video game, it is still under copyright. The exception is if the copyright holder explicitly released it to the public domain.

The rule is simple: If it was done on a computer it is covered under copyright. You must contact the copyright owner before using the content.
Of course, the cops aren't going to knock down your door if you use copyrighted material in your hobbyist game as filler to help development along, but you should take all of it out before releasing it.
Quote: Original post by RDragon1
Of course, the cops aren't going to knock down your door if you use copyrighted material in your hobbyist game as filler to help development along, but you should take all of it out before releasing it.


The cops don't knock down doors for it. Copyright violations are a civil offense, so it will be the copyright owner's attack lawyers knocking on your doors.

Using it internally is another matter entirely. Copyright is a misnomer. It should really be called 'distribution and presentation rights'. If you don't distribute it, and you don't present it publicly, you're (generally) within fair use.

If you use it quite a bit internally, you enter the murky area of questionable fair use and should probably contact the copyright holder at that point.

Placeholder graphics, assuming you don't publicly distribute it, are not a problem.

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