Question about legalities of game MOD's

[Trajan]

What is the name of your state? Florida

I am the team leader of a large project whose goal is to make a game MOD that will be based on characters and events created by an established game developer.

For those that may not know the term MOD, a quick definition:
Many games are now designed so that users can alter them to the extent that they are scarcely recognizable. This commonly involves tweaks to the engine, customized graphics and sounds, user-made maps, and unique storylines. Sometimes the mod becomes more popular than the original game, as is the case with Counter-Strike, which began as a modification for Half-Life.

MOD's have become extremely popular with gamers over the last few years. Currently, we have our Mod listed in an online project database that has over 900 other MOD's listed as well, for a variety of games and subjects. Some game manufacturers welcome them, and actually release tools with their product to encourage people to make them. Some don't.

To get to the heart of the matter, we are interested in making a Mod that will feature characters, settings, and some vehicle ideas from a game "universe" called Starsiege, which is owned by Sierra Entertainment.

Here are some details of what we are and are not doing at present:
- Most of the material we come up with will be all new, and the actual gameplay will be notably different from the original games it is based on. There will be some derivative vehicle and weapon designs used though.
- We are using some artwork originally generated by Sierra for the game "Starsiege" as placeholder art until we can generate enough of our own. Once we have that, the old art will be replaced.
- We are not directly using the name "Starsiege" in the projects title (SS:2845), and there are disclaimers on our site that inform people the project is not officially sanctioned by Sierra in any way.
- We are using a derivative of "official fiction" as our storyline. Our story fits into the overall timeline of the fiction created by Sierra.
- One of our lead writers was originally an employee at Sierra and the lead writer for the fictional universe we are using. He basically "invented it" for them.
- Our project is completely voluntary and a non-profit work. The final product is to be donated to the gaming community at large once it's finished, and any production assets (designs, 3d models, maps, etc) generated by the project turned over to Sierra.

There are a lot of grey areas surrounding this issue, so I wanted to get some opinions. There are numerous MODs that have been made over the years that were based on established entertainment franchises without permission from the developers. The developers knew about most of them and either chose to do nothing, encouraged them, or were prevented from doing anything about them. For example, right now I know of at least 5 active and very popular MODs that are based on Star Wars. The only MODs I've ever heard of that were actually shut down by the franchises owners were MODs based on Dragonball Z.

We are mulling the idea of approaching Sierra directly once we have enough material to make an adequte presentation about getting their approval for this project. Failing that, we will remove any and all references and derivative works from the project and continue it under a completely new name and theme.

Suggestions?

 

[atozcom]

I have been doing MOD or modiification or customization on business accounting system for many years.

I would buy a basic accounting system, customize it and sell it. However each sell must have one copy of the original accounting system. Therefore the buyer actally purchase the original accounting system plus my MOD or customization. This is legal and do not need anyone's authorization.

You can sell your MOD to someone who already have a original copy but not to someone who do not have a original copy if your mod include any part of the original copy. Major of software are sold on a "licensed" base on it is used by one user on one machine. Therefore whoever buy your MOD must have this license.

It would not matter that the original copyright owner decided that he is not taking action at this time. They can decide to take action when it is most damaging to you and most benefitial to them. Illegal copying is illegal copying!

 

[Trajan]

Ok, I think you missed several points I made. What you just mentioned has nothing to do with what I posted.

First, no one is selling anything. This a completely free product, distributed via the internet. No one is making money or charging for this in any way. From top to bottom.

Secondly, I suppose a further explanation is necessary as far as what a MOD is, in relation to gaming. We are using the software engine from Unreal Tournament 2003 (henceforth referred to as UT2k3). The makers of that game bundle software tools with it that allows customers to change the maps, the character designs, the sounds, etc in the game to basically make one of their own. The only limits they place are that you cannot alter the source code. Our MOD will require the UT2k3 engine to run. Once we have constructed our MOD, we make it available for download. People can download our project and it will run on top of UT2k3. They must legally own the game (UT2k3) itself for it to work. We DO NOT distribute the UT2k3 game, ONLY the MOD.

If you want an analogy, think of UT2k3 as the engine of a car, and our project a third party add-on product we're giving away for free that enhances that engine.

The type of MODding I'm talking about is 100% not illegal in any way, and is encouraged by a lot of game manufacturers as they know it will enhance long term game sales. This is not my question.

My question is what limits are placed on someone using copyrighted fictional material in a non-profit work that makes no claims as to being official.

 

[divgradcurl]

Trajan,

Your reply makes a whole lot more sense than your original post! The answer to your question is that most likely you will be infringing on the copyright of the fictional material -- you will either need to have permission to use it (from the copyright owner), or have a fair use exception. One of the rights copyright confers on its owner is the right to control derivative works based on their original creative work.

Just because other companies have not (yet) aggressively pursued their rights against MODders doesn't mean that you (or they) are safe. The only way you can legally use their work is by getting their permission (in writing, to protect yourself) or by prevailing with a fair-use defense in court if you get sued.

Your last paragraph in you first post is the right way to go about things -- ask for permission and, failing that, create your own world for you MOD.

Good luck -- I'm a huge fan of UT myself.