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Using Sonic pictures


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#1 nick5454   Members   -  Reputation: 126

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Posted 12 March 2013 - 11:44 AM

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

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#2 tboxx   Members   -  Reputation: 159

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Posted 12 March 2013 - 12:14 PM

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

 

Sonic the Hedgehog  is Saga's Intellectual Property.   I don't believe the fact an independent artist drew the picture changes anything. Nor would a disclaimer of any sort. 

You could get sued. Will you get sued?  That is harder to predict.  



#3 jwezorek   Crossbones+   -  Reputation: 1606

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Posted 12 March 2013 - 12:48 PM

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

 

You absolutely can't distribute a work that is using established IP like Sonic the Hedgehog regardless of who drew the artwork.

 

As to whether or not you would be sued, to be honest, you probably wouldn't be because Sega probably wouldn't notice, but you certainly could be sued, and probably would be if you were in anyway successful. Actually unless you were doing something really malicious, they'd probably send you a cease and desist letter first and then sue you if you didn't comply.


Edited by jwezorek, 12 March 2013 - 01:01 PM.


#4 ysg   Members   -  Reputation: 192

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Posted 12 March 2013 - 01:30 PM

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

 

You absolutely can't distribute a work that is using established IP like Sonic the Hedgehog regardless of who drew the artwork.

 

As to whether or not you would be sued, to be honest, you probably wouldn't be because Sega probably wouldn't notice, but you certainly could be sued, and probably would be if you were in anyway successful. Actually unless you were doing something really malicious, they'd probably send you a cease and desist letter first and then sue you if you didn't comply.

Doesn't have to be malicious.  If there's a trigger-happy lawyer, he could find a legal

letter in his mailbox telling him to stop or show up in court.



#5 Tom Sloper   Moderators   -  Reputation: 8466

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Posted 12 March 2013 - 01:37 PM

1. Using Sonic pictures

2. Or is this a shady idea?

 

1. Don't.

2. Yes.


-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#6 tboxx   Members   -  Reputation: 159

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Posted 12 March 2013 - 01:56 PM

 

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

 

You absolutely can't distribute a work that is using established IP like Sonic the Hedgehog regardless of who drew the artwork.

 

As to whether or not you would be sued, to be honest, you probably wouldn't be because Sega probably wouldn't notice, but you certainly could be sued, and probably would be if you were in anyway successful. Actually unless you were doing something really malicious, they'd probably send you a cease and desist letter first and then sue you if you didn't comply.

Doesn't have to be malicious.  If there's a trigger-happy lawyer, he could find a legal

letter in his mailbox telling him to stop or show up in court.

 

I am taking offense to the trigger-happy comment!  You would be surprised at the amount of people who avoid us "trigger-happy lawyers" until the sheriff shows up at their door serving them  a complaint. 



#7 Stormynature   Crossbones+   -  Reputation: 2647

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Posted 12 March 2013 - 02:52 PM

I am taking offense to the trigger-happy comment! You would be surprised at the amount of people who avoid us "trigger-happy lawyers" until the sheriff shows up at their door serving them a complaint.

 

Whilst I don't disagree with your point Tboxx. It is fair to say that the profession of law in modern times has become one that is associated with many perceptions that are not just or equitable to the majority of lawyers. Given the ever-increasing complexity of the law within society though and the increasing difficulty of navigating through basic life because of that complexity this and other similar perceptions are unlikely to change for the better. That said, I would also say that many people avoid the dentist until their tooth begins to hurt, services that cost money tend to be avoided by many until they are needed and the cost of law has never been cheap...excepting pro-bono/legal aid etc.

 

 

 

 

1. Using Sonic pictures

2. Or is this a shady idea?

 

1. Don't.

2. Yes.

 

 

 

@Nick5454 As per Tom's answer. If you want to use Sonic's pictures get permission from the IP holder of Sonic i.e. Sega, otherwise find/create/commission something original to use. 


Edited by Stormynature, 12 March 2013 - 02:54 PM.


#8 ysg   Members   -  Reputation: 192

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Posted 12 March 2013 - 06:24 PM

 

 

An independent artist created a sonic the hedgehog sprite sheet and as long as I give him credit, I can use it. My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone. Will I get sued for doing that or is there a way I can state this is for fun and the graphics were independently. Or is this a shady idea?

 

You absolutely can't distribute a work that is using established IP like Sonic the Hedgehog regardless of who drew the artwork.

 

As to whether or not you would be sued, to be honest, you probably wouldn't be because Sega probably wouldn't notice, but you certainly could be sued, and probably would be if you were in anyway successful. Actually unless you were doing something really malicious, they'd probably send you a cease and desist letter first and then sue you if you didn't comply.

Doesn't have to be malicious.  If there's a trigger-happy lawyer, he could find a legal

letter in his mailbox telling him to stop or show up in court.

 

I am taking offense to the trigger-happy comment!  You would be surprised at the amount of people who avoid us "trigger-happy lawyers" until the sheriff shows up at their door serving them  a complaint. 

Ok... but how does that invalidate my comment that -- based on past actions of patent

trolls and the like -- there are more than a few lawyers working on their employer's dime

that are very glad to fire off a cease and desist letter (often times without verifying if they

are accurately aimed).

 

And if you assumed that I was addressing you specifically, well, that's your assumption to

make and hold.



#9 Dragonsoulj   Crossbones+   -  Reputation: 2007

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Posted 12 March 2013 - 06:31 PM

The rest covered the IP basis of Sega owning Sonic the Hedgehog. All the spritesheet creator is asking is if you use the sprites from the sheet he made then you have to give credit. He isn't asking for credit for Sonic.



#10 ysg   Members   -  Reputation: 192

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Posted 12 March 2013 - 08:19 PM

The rest covered the IP basis of Sega owning Sonic the Hedgehog. All the spritesheet creator is asking is if you use the sprites from the sheet he made then you have to give credit. He isn't asking for credit for Sonic.

How about just asking the Sega lawyers directly?



#11 Dragonsoulj   Crossbones+   -  Reputation: 2007

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Posted 12 March 2013 - 09:14 PM

How about just asking the Sega lawyers directly?

 

The rest covered the IP basis of Sega owning Sonic the Hedgehog.

 

Others covered that, as I said. I was merely stating the spritesheet creator's reasoning for credit: he took the time to put it all together.



#12 Tom Sloper   Moderators   -  Reputation: 8466

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Posted 12 March 2013 - 09:22 PM

Let's direct our comments to the OP and not to one another, please.  I don't like the argumentative tone this is taking.


Edited by Tom Sloper, 12 March 2013 - 09:22 PM.

-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#13 nick5454   Members   -  Reputation: 126

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Posted 13 March 2013 - 07:55 AM

To add insult to injury, it appears that Sega as of 2011 no longer owns Sonic the hedgehog. It's owned by Panders who created Archie and is currently suing Sega...Odd story, still shady

http://www.iptrademarkattorney.com/2011/06/copyright-video-game-sonic-hedgehog-infringement-lawsuit-sega-electronic-arts.html

I'd link but the site still has php errors

#14 bschmidt1962   Crossbones+   -  Reputation: 1699

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Posted 20 March 2013 - 10:10 PM

 My questions is: Is there a legal disclaimer I can put on the screen that says this is not made by sega...etc to avoid being sued. I simply want to make a sonic game for fun on the iphone and provide it free of charge to anyone

 

This is an open and shut copyright violation of the image of Sonic the Hedgehog.  Sorry, there are no disclaimers, etc that will allow you to legally use the images, regardless of who made them.

 

Further, Apple would very  likely reject your app, since it would be in violation of the Apple Review Guidelines (which forbids apps that use 3rd party content without a license... they'd probably recognize sonic and  :))...

 

By all means make an app for yourself for fun with whatever you want.  But if you have any intention of putting it anywhere anybody could see it, then your best bet is  to stay away from 3rd party IP, unless you'd like a call from an attorney...


Brian Schmidt

Executive Director, GameSoundCon:

GameSoundCon 2014:October 7-8, Los Angeles, CA

 

Founder, EarGames

Founder, Brian Schmidt Studios, LLC

Music Composition & Sound Design

Audio Technology Consultant





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