phone app using a web based game without breaching copyright
- May 25, 2011 @ 7:19pmjimmy007 says:There is a web based game with players that would love to have an Iphone and possible Android app that makes the use of the normal game functionality much easier on a phone. The game at present has no apps on the market. There is a similar free application available online however it does not load any images from the site but simply calls coded links to automate the moving of players around the game and the performing of some basic actions.
Is it possible to make an app that helps navigate and use some features of such a game without breaching copyright?
If you clearly acknowledge that all the content comes from the original company does that make any difference?
And lastly, does it make a difference if you seek to make profit from such an application?
Thanks in advance. - May 26, 2011 @ 11:08amGClement says:Jimmy,
Your first question is difficult to address without getting more specific information on what copyrighted content you are trying to use in your app, and how exactly you are using the copyrighted content in your app.
With respect to your second question, it is important to distinguish attribution and citation from copyright compliance. The first category will get you off the hook for plagiarism, but does not innoculate you from copyright infringement. If you use copyrighted content without the owner's permission, you run the risk of copyright infringement, unless your use fits within one of the exceptions to the owner's rights, such as Fair Use.
Your last question about for-profit use also seems to be related to Fair use. If you wish to evaluate whether your use would qualify as a Fair Use, you need to evaluate four factors, as outlined by the US Copyright Office at http://www.copyright.gov/fls/fl102.html.
The profit vs. non-profit nature of your use comes into play under the First Factor -- the purpose of your use. Plenty of for profit companies have claimed their use of copyrighted content is Fair Use (e.g., Google scanning copyrighted books from Libraries in order to provide full text searches to the world). But copyright law requires you to evaluate all four factors and balance them in your decision. - June 20, 2011 @ 11:01pmJanise says:[quote=jimmy007]There is a web based game with players that would love to have an Iphone and possible Android app that makes the use of the normal game functionality much easier on a phone. The game at present has no apps on the market. There is a similar free application available online however it does not load any images from the site but simply calls coded links to automate the moving of players around the game and the performing of some basic actions. Is it possible to make an app that helps navigate and use some features of such a game without breaching copyright? If you clearly acknowledge that all the content comes from the original company does that make any difference? And lastly, does it make a difference if you seek to make profit from such an application? Thanks in advance. r4 ds wii wireless controller wii game[/quote] If you use copyrighted content without the owner's permission, you run the risk of copyright infringement, unless your use fits within one of the exceptions to the owner's rights, such as Fair Use.
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