Licensing of Foreign Artwork

[Dandydan]

I've run into this issue a couple of times now and I am curious how people deal with the issue. I am interested in using a tile set from a person but the entire web site is in a language I do not understand. For example, here.

http://www.tekepon.net/fsm/modules/refmap/index.php?mode=vx-map

I tried using Google translate but did not find it helpful because it garbled the text so much it wasn't clear to me who the terms were being addressed to or what they were. 

So what do people do? Simply avoid this type of situation by not using any foreign artwork to begin with in a commercial application? I'm curious as to how people go about dealing with this issue as a general matter. 

 

[Kes]

There are several threads where that particular site has been discussed and its Terms translated.  A search through the forum should bring them up.  One was only a few weeks ago, maybe less.

However, Mack tiles (which is the particular page that the link you provide takes one to) are fine for commercial games.

My advice is: if you can't translate it, then don't use the resources.  You could be faced with having to take your game down because you've used something that wasn't allowed for commercial games.

 

[Archeia]

There's English tab on the upper right corner.

 

[Dandydan]

There's English tab on the upper right corner.

Thanks for pointing that out. However, I only used that site as an example of the issue. Do other people agree with Ksjp17's advice that if one can't figure out the terms it is better not to use the creative work? That is my inclination too, but being new to the business I am curious to know what the common practice is.

 

[♥SOURCE♥]

If you're serious about your "commercial application" and you want to use those resources, get someone to translate for you and conctact the author. You could get yourself in trouble by guessing the terms of use and including the resources in your game/program.

 

[amerk]

Yes, I agree. If you can't understand the terms and can't communicate with the resource holders, don't use them until you can. Even relying on somebody elses translation is not safe unless you are 100% certain.

 

[Engr. Adiktuzmiko]

it's better to be safe and not use something that you cannot understand the terms of...

 

[ipei]

If it's Japanese, I can understand it.

規約 = rule

作品 = (mainly your) game, art

素材 = resourse

使 or 利用 = use

著作権 = copyright

商　= commercial

販売 = sell

配布 = hand out (by any means)

報告 = report, notice

許可 = permission

要 = need

不要 = no need

禁 or 禁止　= ban, prohibit

可能 = can, able

自由 = free, freedom

(end of sentence)

できます。 = you can

ません。 = not (the sentence is negative)

下さい。 or ください。 = please (you need to do or comply to something)

 

[Vinedrius]

Needless to say, making sure that the terms of use are in your favor for a commercial release is a must but what if the rules were changed during the development and you didn't notice or they are changed after the release and you don't have a strong proof that they were fine for commercial usage at the time of release?

Also, what if you want to release the next installment in a series and some terms of use are changed inbetween those two projects? You would be forced to drop those resources if they are not feasible anymore and the next game will have to be overhauled or even completely canceled if the games are heavily reliant on those resources.

It is very likely that you will have custom art from so many resources and most games are done by small teams or even solo so it would be hard to check every single resource constantly (especially if you are a bit paranoid about it) if the same rules are still there. But I guess "suck it up and move on" rule also applies here if you are really serious about your project :/

Has anyone around here ever experienced such a drawback? I would like to hear.

 

[Engr. Adiktuzmiko]

Somebody experienced that recently actually... well if that happens, you don't really have a say in it... unless you have a license that says that any changes to the terms won't affect your current license or something... though it's (suddenly changing terms) really not a nice thing to do, considering customer relations...

 

[♥SOURCE♥]

To avoid something like that you could contact the author of the resources via mail or something (to have proof) to ask if you can use them in your commercial game.

 

[Engr. Adiktuzmiko]

the thing is if they change terms in the middle of your development... if your game was already released, then you probably won't have problems with that, since you had the right terms when you released it... but if your game is still in development, that's a different matter...

 

[amerk]

the thing is if they change terms in the middle of your development... if your game was already released, then you probably won't have problems with that, since you had the right terms when you released it... but if your game is still in development, that's a different matter...

Or even if it was finished and you want to work on the next game in the series with the same resources, but the terms changed. This was asked before, and really the only option is to contact the author and find out. More than likely they will say yes, but they can also say no, and if you don't have a copy of previous terms it may be difficult to get around.

Also, pay attention to the terms. If they indicate they can be changed at anytime, you're probably going to be SOL.

 

[Engr. Adiktuzmiko]

well technically that next game is already a new game so of course you might not be able to use those resources on that anymore...