TFP Official Modding Forum Policy

[meganoth]

5 hours ago, Arez said:

I might be asking a stupid question here, but I want to be sure. 

 

Let's say I make a model of a famous movie zombie and make it a mod for the game. Would I be allowed to make it available for download? I wondering because I have seen a number of famous things made into mods that are available for download.

 

First rule of the modding rules already says it: "1) Copyrighted work should be used only with permission of the original creator. This includes content from other games, from DLCs, music creators, images found on the internet or from other file authors."

 

There are some exceptions to copyright and possibly someone used a famous thing under fair use (for example if used as a parody), but then it gets complicated as the owner might not agree, and some countries might not even have a fair use clause or they differ.

 

Edited January 14 by meganoth (see edit history)

[Roland]

In the case of creating a zombie in the likeness of a famous zombie from a movie, I would say that as long as you don't try to sell the asset but just make it available for free use then you probably won't run afoul of any movie studio. The issues arise the moment you start trying to profit off of the IP of someone else. Since mods are free there really is no action. If TFP wanted to use that famous zombie in their game then they would have to obtain a license and pay royalties because they would be using that IP to help sell their game.

[Roland]

Just to add on since I can't edit my original, you can always create assets that are reminiscent of famous or iconic figures from movies without crossing the line of copyright infringement. TFP has a motel and house on a hill that is reminiscent of the Psycho movie setting. There are a few other locations that are just like what is seen in movies but aren't claiming to be those things. The fat tourist zombie was directly inspired by the fat bloated zombie stuck in the well on Herschel's farm in The Walking Dead. This is how video games can pay homage to other former games or movies without getting in trouble for "stealing their IP".

 

You are engaged in a personal hobby by modding the game and nobody is going to come after you if you "pay homage" to a famous zombie from a movie unless you claim that it is that actual character and you want people to pay you for it. If you cross over into doing business using their IP then you have to get permission/license to do so.

[Arez]

2 hours ago, Roland said:

The fat tourist zombie was directly inspired by the fat bloated zombie stuck in the well on Herschel's farm in The Walking Dead.

OH! I didn't know that! I love it! 

 

So I know about the Evil Dead cabin, the Bates Motel, the Nightmare on Elm Street house, the Ghostbusters fire house, and "Rule #1: Cardio". 

What else is there?

 

Is Big Mamma/Fat Female inspired by the zombie from Dawn of the Dead 2004? 

 

 

Also, is the zombie dog inspired by the dogs from Resident Evil?

[khzmusik]

On 1/13/2024 at 7:30 PM, Roland said:

In the case of creating a zombie in the likeness of a famous zombie from a movie, I would say that as long as you don't try to sell the asset but just make it available for free use then you probably won't run afoul of any movie studio. The issues arise the moment you start trying to profit off of the IP of someone else. Since mods are free there really is no action. If TFP wanted to use that famous zombie in their game then they would have to obtain a license and pay royalties because they would be using that IP to help sell their game.

 

This is not true under U.S. copyright law. Infringement is infringement, it doesn't matter if you're trying to sell anything or not. (That might go into calculating damages, or be a factor in an argument for fair use, but it's still presumptive infringement.)

 

The question is whether the copyright holder will bother to go after you. If it's not being sold, most don't bother. But they have every right to do it (legally speaking).

 

This has already happened with a zombie mod for 7D2D.  If I remember correctly, one of the models was a rip of a character in Dead By Daylight. The DBD developers issued a DMCA to the mod, and they had to remove it, even though the mod was not being offered for sale.

 

(The mod authors didn't rip the model themselves. I believe the place where they acquired that model, was selling it. That probably played a role in the takedown notice.)

 

Now, you can always create something that is similar to a character in a film (or even another video game). But it can't be an obvious rip-off.

[Arez]

On 1/15/2024 at 7:41 PM, khzmusik said:

Now, you can always create something that is similar to a character in a film (or even another video game). But it can't be an obvious rip-off.

Let's say the mods look exactly like the movie zombies, I call them by their names used in the movies and I use ripped voice lines from the movies...but I don't distribute them, however, I include them in my gameplay live streams and YouTube videos.

[meganoth]

13 hours ago, Arez said:

Let's say the mods look exactly like the movie zombies, I call them by their names used in the movies and I use ripped voice lines from the movies...but I don't distribute them, however, I include them in my gameplay live streams and YouTube videos.

 

I would say you would have done everything to make an infringement claim successful 😉.