Posts: 2,092
Original Join Date: Apr 6 2012
|
Post by -IronSoul- on Apr 17, 2018 0:52:23 GMT 10
Hello guys! i have a huge question that i don't know where to ask it, tons of people ask me to make custom request, due my studies i can't make most of them, but some people even ask if they can pay me for those mods, also i've seen some guys selling their mods here in the forum, so my question is, is it legal to sell mods?
wy thoughts about this is that you are selling propiety of another company, so should be illegal, plus i found this, doesn't have much to deal with capcom's rules or something but it does say something about mods.
"From the Killing Floor EULA:
Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Tripwire Interactive. You may exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free."
don't worry, i work for free since i only work on characters that i like, so is not like i'll start to sell my mods and stuff xD but, what are your toughts about this?
if this is on the wrong section, im sorry, please move it.
|
|
Posts: 3,037
Original Join Date: Jun 9, 2010
|
Post by Night Furious on Apr 17, 2018 3:03:23 GMT 10
Well, I do not see anything wrong with encouraging money for quality work. If you do a personal request, the transaction will be made personally between two people, who request and who perform a mod. Therefore, no one will know if you are sold your mod. If you talk about public mods, then you can make a free donation for your work, if someone wants to thank you at any cost and this will not be considered a sale, because it is done on a voluntary basis.
|
|
Simps for Lepotitsa
Posts: 243
|
Post by Akeinu on Apr 17, 2018 6:17:21 GMT 10
No its not legal, only way to make it kinda legal would be if you use 100% of your own creations, like selfmade Models, Textures and so on. As soon as you make profit from other peoples work/art, its illegal. Its kinda even illegal to rip files from a game, depending on what country you are judged by, even if it is for personal use.
Receiving payment without paying taxes is illegal too, here in germany it is a crime to earn a single cent without a registrated business. So if someone would pay you and they report you to the government, you would go to jail for that.
|
|
Posts: 3,037
Original Join Date: Jun 9, 2010
|
Post by Night Furious on Apr 17, 2018 7:38:42 GMT 10
No its not legal, only way to make it kinda legal would be if you use 100% of your own creations, like selfmade Models, Textures and so on. As soon as you make profit from other peoples work/art, its illegal. Its kinda even illegal to rip files from a game, depending on what country you are judged by, even if it is for personal use. Receiving payment without paying taxes is illegal too, here in germany it is a crime to earn a single cent without a registrated business. So if someone would pay you and they report you to the government, you would go to jail for that. Most people accept donations for the fact that they are simply extracting models from games. People pay them in token of gratitude for access to these models and I did not see any case that they were put in jail. Yes, to conduct direct sales and set the price for someone else's stuff in whatever form you used it's it's illegal, but you have the right to pay on a voluntary basis as gratitude for the work done. The only option is a donated base. A person who makes an import of a model, even if it has copyrights, I can pay him, more accurately donate any amount in the support and for the time. Actually, I do not pay for the model with copyright, I pay for the import process. A simple example - Hey, I imported the model, you can get the access to her only then, when everyone has to pay me 5$ or like that the form "model/price" - yes, this form is illegal. Other - Hey, I imported the model, you can download it. Hey, dude, your mod looks cool, I want to thank for this mod and donate you money, even if used models with copyright. You can do this! If we talk about the situation when I leave a request and want to pay for it, again, this can not be called direct selling, because in this case, I offer money and not a person trying to sell me mod, who will fulfill my request.
|
|
Resident Button Modder
Posts: 4,533
Original Join Date: Nov 1, 2009
|
Post by DarkSamus on Apr 17, 2018 9:49:34 GMT 10
Accepting donations for your work is fine.
Charging a fee for your work is illegal and heavily discouraged on this forum.
|
|
Simps for Lepotitsa
Posts: 243
|
Post by Akeinu on Apr 17, 2018 18:42:03 GMT 10
Most people accept donations for the fact that they are simply extracting models from games. People pay them in token of gratitude for access to these models and I did not see any case that they were put in jail. Yes, to conduct direct sales and set the price for someone else's stuff in whatever form you used it's it's illegal, but you have the right to pay on a voluntary basis as gratitude for the work done. The only option is a donated base. A person who makes an import of a model, even if it has copyrights, I can pay him, more accurately donate any amount in the support and for the time. Actually, I do not pay for the model with copyright, I pay for the import process. A simple example - Hey, I imported the model, you can get the access to her only then, when everyone has to pay me 5$ or like that the form "model/price" - yes, this form is illegal. Other - Hey, I imported the model, you can download it. Hey, dude, your mod looks cool, I want to thank for this mod and donate you money, even if used models with copyright. You can do this! If we talk about the situation when I leave a request and want to pay for it, again, this can not be called direct selling, because in this case, I offer money and not a person trying to sell me mod, who will fulfill my request. Even for donations you have to pay taxes, and in germany you are not allowed to get donations without a registrated business. Beliefe me, just to make a patreon account i had to fill a dozen of papers here. And like Samus said "Accepting donations for your work is fine." as long as your country knows about that income, but Charging a fee for your unoriginal modding "work" is illegal. Just because people do these crimes dosnt make them less a crime, if you get cought it wont help you that other people make the same crime. Quote: If we talk about the situation when I leave a request and want to pay for it, again, this can not be called direct selling, because in this case, I offer money and not a person trying to sell me mod, who will fulfill my request.
Of course it is direct selling, the customer gets a mod file of a stolen model and paid for it. Thats absolut illegal. You are not allowed to sell or make any money from content you do not own or have the rights to distribute. Thats just cheap excuses from an thief mindset that wont hold up if someone report you.
|
|
Posts: 3,037
Original Join Date: Jun 9, 2010
|
Post by Night Furious on Apr 17, 2018 21:38:37 GMT 10
Even for donations you have to pay taxes, and in germany you are not allowed to get donations without a registrated business. Beliefe me, just to make a patreon account i had to fill a dozen of papers here. And like Samus said "Accepting donations for your work is fine." as long as your country knows about that income, but Charging a fee for your unoriginal modding "work" is illegal. Just because people do these crimes dosnt make them less a crime, if you get cought it wont help you that other people make the same crime. Quote: If we talk about the situation when I leave a request and want to pay for it, again, this can not be called direct selling, because in this case, I offer money and not a person trying to sell me mod, who will fulfill my request.
Of course it is direct selling, the customer gets a mod file of a stolen model and paid for it. Thats absolut illegal. You are not allowed to sell or make any money from content you do not own or have the rights to distribute. Thats just cheap excuses from an thief mindset that wont hold up if someone report you.
You can not buy something that was not originally sold, even if you pay money. Well, I'll try to explain it to you on simple Felix's example. He said that he comes with a lot of requests and people offered him money to make this or that mod. In this case, he will make this mod and it will be released free of charge sooner or later, but due to the fact that he have many requests and little time, it can take a long time. A person does not want to wait long and wants to be sure that the model he wants will be released first, and then the rest of the mods which are planned. He wants to pay / donate for priority and the privilege of being the first whose mod will be released in the order of the queue. No one has copyright for the time and performance of this work, for which the person actually wants to donate. Again, this will occur in the donation key, and not as a direct payment for the work, so this is normal. In any case, no one was going to organize a modding store and do sales. Felix wanted to know if he could get paid, whether it was legal and we already found out if this done like a donated basis, then yes, can. Charging a fee for your work is illegal and heavily discouraged on this forum. No smuggling on this forum, we are just discussing!
|
|
Resident Button Modder
Posts: 4,533
Original Join Date: Nov 1, 2009
|
Post by DarkSamus on Apr 17, 2018 23:00:03 GMT 10
I know. Was just adding my 2 cents
|
|
Simps for Lepotitsa
Posts: 243
|
Post by Akeinu on Apr 18, 2018 0:56:48 GMT 10
You can not buy something that was not originally sold, even if you pay money. Well, I'll try to explain it to you on simple Felix's example. He said that he comes with a lot of requests and people offered him money to make this or that mod. In this case, he will make this mod and it will be released free of charge sooner or later, but due to the fact that he have many requests and little time, it can take a long time. A person does not want to wait long and wants to be sure that the model he wants will be released first, and then the rest of the mods which are planned. He wants to pay / donate for priority and the privilege of being the first whose mod will be released in the order of the queue. No one has copyright for the time and performance of this work, for which the person actually wants to donate. Again, this will occur in the donation key, and not as a direct payment for the work, so this is normal. In any case, no one was going to organize a modding store and do sales. Felix wanted to know if he could get paid, whether it was legal and we already found out if this done like a donated basis, then yes, can. Donations are not Charity and are an income that has to be submittet to your local Tax office, otherwise its illegal employment what brings you into jail if someone reports it. Modding in general is not really legal, companies are mostly okay with it, but if they want! they could sue you and shut you down, for making mods that uses their resources. And anyone who wants to make money online should be aware that they are judged by their countries laws. For example fair use dosnt exist in europe. Things that an american can publish under "fair use" is a crime in other countries.
|
|
Posts: 3,037
Original Join Date: Jun 9, 2010
|
Post by Night Furious on Apr 18, 2018 1:18:21 GMT 10
Donations are not Charity and are an income that has to be submittet to your local Tax office, otherwise its illegal employment what brings you into jail if someone reports it. Modding in general is not really legal, companies are mostly okay with it, but if they want! they could sue you and shut you down, for making mods that uses their resources. And anyone who wants to make money online should be aware that they are judged by their countries laws. For example fair use dosnt exist in europe. Things that an american can publish under "fair use" is a crime in other countries. In this case, streamers should also go to jail, because they show games and use copyright material that does not belong to them, but through broadcasting, they earn money on someone else's product and accept donates.
|
|
Posts: 244
|
Post by Adngel on Apr 18, 2018 17:55:25 GMT 10
I don't think it were legal. I presume that copyright owners tend to avoid report us, looking at another side, to avoid costs and bad press, unless that the offender make a meaningful damage (finacially or discredit). But not because many of our activities were 100% legal. O_ò
|
|
Simps for Lepotitsa
Posts: 243
|
Post by Akeinu on Apr 18, 2018 18:43:14 GMT 10
Donations are not Charity and are an income that has to be submittet to your local Tax office, otherwise its illegal employment what brings you into jail if someone reports it. Modding in general is not really legal, companies are mostly okay with it, but if they want! they could sue you and shut you down, for making mods that uses their resources. And anyone who wants to make money online should be aware that they are judged by their countries laws. For example fair use dosnt exist in europe. Things that an american can publish under "fair use" is a crime in other countries. In this case, streamers should also go to jail, because they show games and use copyright material that does not belong to them, but through broadcasting, they earn money on someone else's product and accept donates. Streaming or lets playing is only legal if you have the permission from the owner. Any big Lets Player or Streamer ask by themself for permission, or has a network that do this for them. Without permission streaming and lets playing is of course illegal. There are some Games that state on their websites or "end user agreements" that they give permission to streaming and Lets playing. This would be the only cases were you dont have to ask. The developers of firewatch for example forbid PewDiePie to stream or showcase their games in any way. They have all the rights and if they want they can of course forbid or sue people who stream or lets play their property. You seem to know nothing about copyright laws. Any Streamer i know pays taxes, of course they have to, or they are criminals.... again donations count as normal income so you have to pay taxes.
|
|
Posts: 3
|
Post by quarantinevalley on May 13, 2018 3:41:39 GMT 10
... due my studies i can't make most of them, but some people even ask if they can pay me for those mods, also i've seen some guys selling their mods here in the forum, so my question is, is it legal to sell mods? wy thoughts about this is that you are selling propiety of another company, so should be illegal, plus i found this, doesn't have much to deal with capcom's rules or something but it does say something about mods. If someone wants to pay you for your time that's not unreasonable. You're not making any claim over intellectual property that is not your own. You have the skills to do something someone wants and your time is valuable to you. Just something to think about.
|
|