Question regard about RTP EULA

[nio kasgami]

Hi guys !

I wanted to ask about the RTP EULA 

In simple I asked the permission to galenmereth to make wallpaper of is commercial game "The Vendor" and the permission to sell them as print in deviantart.

he accepted but said this : I am just not sure because it's from the rtp Enterbrain will accept this in their EULA.

so I wanted to ask it's possible for me to make art (from SCRATCH no edit) of the characters who are from the rtp ?

if I explain it will be in my style but the "chara design" will look similar but all is made by myself 

did I can without problem or I gonna run out a sue?

thanks for any further answer if you need more explaination I will gladly explain with my best  

 

[Marsigne]

Hey, I've been trying to find a topic but haven't found it, that you can't sell art with RTP, but if it's made from scratch and not copied or something, I think you shouldn't have problems since it's your property and you made it. Can't tell for sure though. One thing would be that they can't sue you unless it's identical, so yeah I don't think so.

 

[nio kasgami]

Hey, I've been trying to find a topic but haven't found it, that you can't sell art with RTP, but if it's made from scratch and not copied or something, I think you shouldn't have problems since it's your property and you made it. Can't tell for sure though. One thing would be that they can't sue you unless it's identical, so yeah I don't think so.

yeah that's could not be a problem in my OWN opinion but I prefer to wait a official degica staff member so I will not have to worry 

 

[Sharm]

I'm curious about this too actually.

The actual drawing is yours absolutely.  The problem comes in with the design, which is also copyrighted.

 

[nio kasgami]

I'm curious about this too actually.

The actual drawing is yours absolutely.  The problem comes in with the design, which is also copyrighted.

that's what I thinked because in a ways I bought with buying rmvxace ...sorta a ways a license for distribute commercially stuff if I was not enable to sell stuff who look similar to the rtp ..it would maybe in ways say I can't even make commission of the rtp characters :/ that's a pretty complex question

 

[Lunarea]

RTP license only allows its use for inside games/projects. There is some limited promotional use -- mainly in screenshots, trailers and let's play videos. But it does not cover things like printed posters, t-shirts and so on. The license terms are the same for both the RTP resources and the design itself.

However, we do occasionally give special permissions- these are on a case-by-case basis and have several conditions attached. Galen is welcome to contact me in private for permission.

As for commissions... It's very similar. If you're making the characters for someone's RPG Maker game (and it's important that it be RPG Maker game, not just something created with another engine), that's ok. If you're making it for things other than games, please contact me and I'll look into it.

 

[The Florana Princess]

Adding on to Lunarea's comment:

There's plenty of fan art out there that is sold on dA, redbubble, conventions and the like so I'd probably say it's ok, as it's your art work and not RTP, the likenesses are BASED off the RTP.

 

[nio kasgami]

Adding on to Lunarea's comment:

There's plenty of fan art out there that is sold on dA, redbubble, conventions and the like so I'd probably say it's ok, as it's your art work and not RTP, the likenesses are BASED off the RTP.

still I would have to pay a license for that 

RTP license only allows its use for inside games/projects. There is some limited promotional use -- mainly in screenshots, trailers and let's play videos. But it does not cover things like printed posters, t-shirts and so on. The license terms are the same for both the RTP resources and the design itself.

However, we do occasionally give special permissions- these are on a case-by-case basis and have several conditions attached. Galen is welcome to contact me in private for permission.

As for commissions... It's very similar. If you're making the characters for someone's RPG Maker game (and it's important that it be RPG Maker game, not just something created with another engine), that's ok. If you're making it for things other than games, please contact me and I'll look into it.

then I will pm you for this  I would love to have aqquitance of this special license!

 

[The Florana Princess]

still I would have to pay a license for that 

Forgive me I must be misunderstanding what you're doing. If you are drawing something yourself based off a character it's fan art, and legal to sell as a print. You're not doing this?

 

[Sharm]

Actually fanart isn't legal but it's considered a legal grey area because proving a design is yours is more difficult than most copyright problems.  It also doesn't usually result in lost sales but gained sales, because usually the thing that the fanart is of isn't just artwork but something else like a show or comic or something that isn't in direct competition with the fan art.  They're in no danger of losing copyright protection by letting it exist.  In these normal cases fanart becomes free advertising, so companies ignore or celebrate it .  The RTP, however, is different, it actually is just the artwork.  Protecting the design copyright is worth it to Degica in this case, letting people use it freely could lose them their copyright.  There have been cases where fanart has been prosecuted and the person creating the art has been heavily fined.  Either way, you should never assume you can do what you want with things that aren't yours.

 

[nio kasgami]

Forgive me I must be misunderstanding what you're doing. If you are drawing something yourself based off a character it's fan art, and legal to sell as a print. You're not doing this?

of what sharm said you should learn more your subject I don't approve the selling of "fan art" this lack of originality and this totally in a ways a stealing of properties right.

so assuming fan art are legal for sell is false UNLESS we have the permission for that you can't sell fan art even a  fan art of a real person is not allowed to sell you will still have to get the right to do that

it's the natural law of the art.

my intentions was to promote the vendor game or even  rpg maker by doing this 

EDIT : Just spoke with lunarea 

and DOING Paper Print NEED a special license

doing a  digital art and sell it's NO need special license Only to put the rpg maker logo and @enterbrain words 

so after that this allowed by the eula

 

[The Florana Princess]

Please calm down I was merely seeking clarification. Laws are a weird thing when there's no legislation in regards to the internet. I was under the impression it was legal to sell one's fan art.

 

[Andar]

Actually fanart isn't legal but it's considered a legal grey area

so assuming fan art are legal for sell is false UNLESS

I was under the impression it was legal to sell one's fan art.

Yes and no - the question on whether fanart is legal or not depends on what exactly you do and on trademark laws, not copyright laws.
That's why a lot of people don't understand it and consider it a grey area. But it is only partially a grey area, and it has a lot of traps in it...


Any artist can look at another character and draw something similiar and claim it as his/her work (as long as it isn't traced), and that includes the right to sell that work.


However, selling "random unnamed dude XY" doesn't get you much, no matter what it is inspired from.


To get it found as "fanart" you need to assign it to the name of the original - and that is where the problems start, because then you're usually violating trademark laws by using the name of the original franchise.


And that makes the drawing illegal - not that you were inspired by something, but by using the trademarked name of the inspiration.


That is why all fangames are automatically illegal, even if you did all the work yourself - simply because you were claiming the name of the original when naming fangame or fanart after it.


But if you don't claim the name, you're not making fanart and will usually remain unknown and much harder to find on the internet...


There are a lot more things you have to make sure of to keep legal, and even if you are violating trademark laws a lot of people and even companies will ignore it as long as possible (read: as long as you stay unknown and obscure, something you often don't want either), because it usually costs them to remove your content.


If any fanart were automatically illegal sites as (for example) DeviantArt would not have half their content, but there are so many different traps that could make your art illegal that a lot of people advice not to bother.


Because that what most people want when claiming fanart or fangames (getting some of the popularity of the original) is exactly the point that will make your work illegal unless you get a licence.

 

[The Florana Princess]

Yes and no - the question on whether fanart is legal or not depends on what exactly you do and on trademark laws, not copyright laws.That's why a lot of people don't understand it and consider it a grey area. But it is only partially a grey area, and it has a lot of traps in it...Any artist can look at another character and draw something similiar and claim it as his/her work (as long as it isn't traced), and that includes the right to sell that work.However, selling "random unnamed dude XY" doesn't get you much, no matter what it is inspired from.To get it found as "fanart" you need to assign it to the name of the original - and that is where the problems start, because then you're usually violating trademark laws by using the name of the original franchise.And that makes the drawing illegal - not that you were inspired by something, but by using the trademarked name of the inspiration.That is why all fangames are automatically illegal, even if you did all the work yourself - simply because you were claiming the name of the original when naming fangame or fanart after it.But if you don't claim the name, you're not making fanart and will usually remain unknown and much harder to find on the internet...There are a lot more things you have to make sure of to keep legal, and even if you are violating trademark laws a lot of people and even companies will ignore it as long as possible (read: as long as you stay unknown and obscure, something you often don't want either), because it usually costs them to remove your content.If any fanart were automatically illegal sites as (for example) DeviantArt would not have half their content, but there are so many different traps that could make your art illegal that a lot of people advice not to bother.Because that what most people want when claiming fanart or fangames (getting some of the popularity of the original) is exactly the point that will make your work illegal unless you get a licence.

Thnk you for clearing that up for me. My law degree never offered IP law so I was basing my knowledge on tidbits here and there.

 

[Andar]

I don't have a law degree, that is also just based on tidbits I collected over time - but if you do look around, there are a lot of people explaining that.


And for details, you should always contact a local lawyer because there are differences in the laws of different countries.

 

[Wavelength]

Two thumbs up to Sharm's explanation.  Just learned something.

 

[Seriel]

Two thumbs up to Sharm's explanation.  Just learned something.

 

[nio kasgami]

guys this topics already had is answer please....could you not using my topics for know if fan art or such is legal this was not really my main question anyways I will ask this to be closed since it's answered :/

the real question was (reminder) :

if I can draw the rtp characters in my style and after sell it on deviantart

answer from lunarea : you can digitally as long you provode the logo of rpg maker and credit enterbrain in the draw

 

[Andar]

This thread is being closed, due to being solved. If for some reason you would like this thread re-opened, please report this post and leave a message why. Thank you.