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here, once and for all
A derivative work may be itself copyrightable but any copyright is limited to the features that the derivative work adds to the original. However, if a work is a derivative work, the creator must have the permission of the copyright proprietor of the rights to the original work since the said copyright proprietor in the original work has the sole and exclusive right to create derivative works based on that original work.
http://www.ivanhoffman.com/fair6.html
so, no, the models cannot be used. End of Discussion.
A derivative work may be itself copyrightable but any copyright is limited to the features that the derivative work adds to the original. However, if a work is a derivative work, the creator must have the permission of the copyright proprietor of the rights to the original work since the said copyright proprietor in the original work has the sole and exclusive right to create derivative works based on that original work.
http://www.ivanhoffman.com/fair6.html
so, no, the models cannot be used. End of Discussion.
But of course, the question remains: did Bungie or Micro$oft actually copyright the in-game content that I referred to? So far I have been unable to ascertain this.
In the case of a game, it is safer to assume that every piece of code or model or sound effect is copyrighted to Bungie or M$ except where explicitly stated.
Therefore, the models used in Halo are copyrighted and the chances of getting permission are well below zero.
Therefore, the models used in Halo are copyrighted and the chances of getting permission are well below zero.
or you can try to do the legal tango with them and lose lots of money. It'd be a Pyrrhic victory: I win but now I'm broke. Yaaaay...
zamzx zik, I am very well aware of what the claimed profession is but proof is in the pudding as they say and the question still reminds what area of law is practiced and how good is he at it. From observations I would have to say not that good at all. seems quite the entry level still wet behind the ears type.
Also need I remind everyone that just because someone 'practice law' does not make them an expert on patent laws as that is just one specific area and the good lawyers will tell you that's a very deep area to get into nor go there willingly.
Also need I remind everyone that just because someone 'practice law' does not make them an expert on patent laws as that is just one specific area and the good lawyers will tell you that's a very deep area to get into nor go there willingly.
blacknet, this is a simple enough issue that I'm confident a 10 year old could tell me the correct course of action.
Blacknet, I do general litigation. Part of my practice is 'soft' IP: copyright and trademark.
I know just enough about patent to know that it has zero bearing on anything discussed here. Any other questions?
I know just enough about patent to know that it has zero bearing on anything discussed here. Any other questions?