Q: Can someone use copyrighted material (i.e., images and sounds) from a discontinued video game in order to recreate it?
There is a mod for a video game that was discontinued years prior due to the lead developer no longer wanting to spend time on it.
The frontpage now states that every assets are intellectual property of X and that redistribution of the current files could be met with legal actions.
There are no proof of ownership of those files online.
Additionally, there is actually copyrighted material from other other gaming companies present in the product.
Would creating a replica of the mod be considered fair use knowing that some assets are not the property of X?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Using copyrighted material from a discontinued video game to recreate it can still lead to legal issues, even if the game is no longer actively supported by its developer. Copyright laws protect original works regardless of whether the game is still available or not. The fact that the developer has stated that the assets are their intellectual property further strengthens their legal position against unauthorized use.
Even if some assets in the mod are from other companies, this does not grant you the right to use or redistribute them without proper permissions. Recreating the mod using these assets could be seen as infringement, which could result in legal actions from the original creators or the companies that own the other copyrighted materials.
Instead of using these copyrighted materials, consider creating original assets or seeking proper licenses for any content you wish to use. This approach helps you avoid potential legal troubles and respects the rights of the original creators.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
