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   Copyright Issue: Selling self-made DVD movies?
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   Author  Topic: Copyright Issue: Selling self-made DVD movies?  (Read 2178 times)
Ivan Chu
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Copyright Issue: Selling self-made DVD movies?
« on: Dec 19th, 2006, 2:28pm »
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Hi.
 
here is my situation.
 
I played, recorded, and edited a video game Final Fantasy XII into a multi-hour long movie. I have been posting parts of it on video sharing websites like YouTube, DailyMotion and also on my website.
 
I have sent e-mail to about 20 different video sharing websites (including YouTube and DailyMotion) asking if it is legal to post the videos on internet and they all replied saying it's legal.
 
however, now many people are asking me to make this video game movie into a DVD with package, menu, and special features, and that they would like to buy from me.
 
I have been thinking about making a page in my website that sells the DVD movies I made from Final Fantasy XII using PayPal.
 
but I would like to know if it is legal to sell the DVD since I am not paying the company (Square Enix) that made the game Final Fantasy XII any profit. however, I did purchase the game, played, recorded, and edited myself.
 
please let me know.
thank you.
 
 
_ivan
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JSonnabend
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Re: Copyright Issue: Selling self-made DVD movies?
« Reply #1 on: Dec 20th, 2006, 7:22am »
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Ivan, I fear that the "advice" the various sites gave you may be incorrect.  The artwork in the game is almost certainly "copyrighted", and your new work is, in all likelihood, at least a derivative of the original work.  There's a good likelihood that your work is considered a direct copy as well.
 
The only thing that might change the copyright analysis is the real time rendering aspect of the game.  I question whether artwork rendered in real time constitutes a work by the author of the model used by the rendering engine.  I don't think that issue's been addressed before, but I haven't researched it.
 
- Jeff
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Re: Copyright Issue: Selling self-made DVD movies?
« Reply #2 on: Dec 20th, 2006, 2:07pm »
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I have to question the wisdom of seeking advice about the legality of your conduct from "video sharing websites" rather than from a lawyer.  Perhaps they were only telling you that they would allow you to post it rather than offering legal opinions.
 
In my opinion, there is no question that what you are doing constitutes copyright infringement, and if you turn it into a commercial venture, you risk moving into the world of CRIMINAL copyright infringement.
 
I strongly urge you to consult with a local copyright attorney before proceeding any further with your venture.
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Ivan Chu
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Re: Copyright Issue: Selling self-made DVD movies?
« Reply #3 on: Dec 21st, 2006, 1:02pm »
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My website is free, it does not require any charge for people to watch the videos. Therefore it's not commercial. But I will check more in detail.
 
So I guess I cannot make DVDs and sell them.
 
Thanks for the advices.
 
 
_ivan
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Ivan Chu
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Re: Copyright Issue: Selling self-made DVD movies?
« Reply #4 on: Dec 21st, 2006, 8:51pm »
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by the way, I believe those video sharing websites know what they are talking about. because they have rules and are aware of copyright videos. if they see a video that has copyright issue, they will take it down. also, if they host videos that have copyright issues on their websites, then they can get sued, too. Don't you agree?
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