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View Full Version : What qualifies as "fan art?"


Seagoat
10-11-2009, 11:04 PM
<p>I'd be interested in creating some EQ2 fan art for various media, but I want to be sure I'm allowed to by the Terms of Service. I'd like to be sure I understand this paragraph, in particular:</p><p><em>"SOE hereby grants to each Station game subscriber or member that is in good standing (i.e. a subscriber or member (1) who is current in his or her payment of all applicable fees for their use of the games and services on The Station to which he or she subscribes and (2) who is not otherwise in breach of this Agreement) (each, a "<strong>Game Subscriber</strong>"), such grant to be automatically revoked as of the moment that the subscriber's account is no longer in good standing, a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use (a) the relevant SOE game name, and (b) trademarks and copyrighted material from the applicable game, including non-player character (NPC) names and images, deity and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, the "<strong>SOE Game Property</strong>"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the Game Subscriber posts to and/or transmits through SOE Communication Features ("<strong>GameLicensed Content</strong>") in accordance with this Agreement -- and for no other use. Each Game Subscriber undertakes to SOE that any Game Licensed Content that he or she provides shall comply in all respects with this Agreement."</em></p><p>(<a href="http://www.station.sony.com/en/termsofservice.vm#n7" target="_blank">Terms of Service, Part VII, Section A, paragraph 2</a>)</p><p>When I separate the wheat from the chaff in that paragraph, I see this:</p><p><em>"SOE hereby grants to each Station game subscriber or member that is in good standing ... a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use ... SOE Game Property ... for material ... that the Game Subscriber posts to and/or transmits through SOE Communication Features"</em></p><p>Does that mean that it's only "legal" for us to post our fan stuff on a fansite (with all the usual copyright notices that they incur), or here on the forums?</p><p>Could I, for instance, create a <a href="http://getpersonas.com" target="_blank">Firefox Persona</a> with EQ2 images (screenshots, DDS graphics, etc.), or brew up a t-shirt on CafePress that has my guild's heraldry on it if I specified that the content is copyright SOE?</p><p>I'm insanely curious...there are a zillion EQ2-fangirlish things I'd love to do, and I want to make sure nobody's going to get in trouble for it. <img src="/smilies/3b63d1616c5dfcf29f8a7a031aaa7cad.gif" border="0" alt="SMILEY" /></p><p>What differentiates "fan art" from actionable copyright infringement?</p>

therodge
10-15-2009, 06:40 PM
<p>copyright infrigment wont take action unless you attempt to make money of the franchise, such as makeing a shirt with your everquest charichters them selling it to the public is copyright problems, though its true they can send a cease and desist order for fanart if its particularly distasteful (overly sexually explict depicticing the game in a highly negitive way that isnt sunjective etc etc) genrally speaking its not worth the legal fees and the only person i know to have gotten such an order easily worked their way around it. and for even that to happen it has to be openly distributed (such as selling or distributing hard copys to individuals abd even then im sure it has to be for cash)</p>

Dikatin
10-16-2009, 05:37 PM
<p>Difficult question ...</p><p>I'd say, an EULA like you quoted only consists of words to not make the artists unhappy. They created a whole world for you to enjoy. Don't try to earn money with their creations, stay away from big publications that may help these to earn money, and it is okay.</p><p>Fan art is a fan service - done by people who appreciate the work of those who originally created the universe and the creatures living within it.</p>

Seagoat
10-16-2009, 09:44 PM
<p>Thanks for the replies. <img src="/smilies/3b63d1616c5dfcf29f8a7a031aaa7cad.gif" border="0" alt="SMILEY" /></p><p>I think I may test the waters with some guild designs on CafePress. There's someone who posted a thread here who makes Billy dolls and Frostfell cards (you can find it pretty easy in a search), and I think it may fall under the same umbrella.</p><p>I really love the game, and fan art can be good (free) advertising, right?</p>