Sorry for deleting my videos
by Thomas Champion · in Torque 3D Professional · 12/17/2011 (12:31 pm) · 14 replies
Done some research on the name that appeared on the top of some of my video's.
However im not sure thats what the copyright infringment was,but it seems back in the late 80's
D&D came out with a expansion called OrcWars, the same name i had for my game.
Youtube sent me message's on my youtube page warning about copyright infringments, however they didnt say what they was for.
I know D&D still have copyrights for the latest games, and not sure if the one for there orcwars expac and card trading game in 1988 is still intact. It is easier for me to just delete the video's, and i think a wise desicion on my part.
I will rename my game and eventually post some new video's.
Thomas Champion
However im not sure thats what the copyright infringment was,but it seems back in the late 80's
D&D came out with a expansion called OrcWars, the same name i had for my game.
Youtube sent me message's on my youtube page warning about copyright infringments, however they didnt say what they was for.
I know D&D still have copyrights for the latest games, and not sure if the one for there orcwars expac and card trading game in 1988 is still intact. It is easier for me to just delete the video's, and i think a wise desicion on my part.
I will rename my game and eventually post some new video's.
Thomas Champion
#2
12/19/2011 (1:16 am)
A copyright is valid for a very long time (in the order of 70-80 years after the original authors death I believe) so it was wise to remove it.
#3
Copyright != Trademark
You cannot copyright a word.
BTW, I did a trademark search and I cannot find ANY trademark by the name of Orc War, Orc Wars, Orcwar, Orcwars. There is no record of anyone trademarking it. So that means it is most likely a song used that triggered the message.
12/19/2011 (2:41 am)
@Michael,Copyright != Trademark
You cannot copyright a word.
BTW, I did a trademark search and I cannot find ANY trademark by the name of Orc War, Orc Wars, Orcwar, Orcwars. There is no record of anyone trademarking it. So that means it is most likely a song used that triggered the message.
#4
this link might explain it all.
http://www.tablestargames.com/orcwars/
Copyright 2010 TableStar Games, LLC. All Rights Reserved.
At there main site they have d&d listed at the bottom as a trademark and or copyright of materials. so im thinking this steems from the card game from the 80's its still alive and that copyright is covered by the new publisher of this guys orcwars expansions to that card game.
Even if it was not this company that done it. I can not use that name for my game. The maker of that card game has a copyright on his game and the publisher has a trademark that covers the makers copyright.
I have no choice but to rename my game.And cant post any video's with the name orcwars attached to them. Its all good. I have respect for the guy that made the game and wish him all the best. May he make his name known and buttload of cash as well.
And a trademark and a copyright are 2 diferent animals.
copyright =name,content,design features,and a few other things.
Trademark = A icon with a name attached.
like the g with a circle around it for garage games. thats a trademark.
From wiki
trademark/Noun: A symbol, word, or words legally registered or established by use as representing a company or product.
copyright/Noun:
1.The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
12/19/2011 (3:45 am)
I didnt have any music in any of my video'sthis link might explain it all.
http://www.tablestargames.com/orcwars/
Copyright 2010 TableStar Games, LLC. All Rights Reserved.
At there main site they have d&d listed at the bottom as a trademark and or copyright of materials. so im thinking this steems from the card game from the 80's its still alive and that copyright is covered by the new publisher of this guys orcwars expansions to that card game.
Even if it was not this company that done it. I can not use that name for my game. The maker of that card game has a copyright on his game and the publisher has a trademark that covers the makers copyright.
I have no choice but to rename my game.And cant post any video's with the name orcwars attached to them. Its all good. I have respect for the guy that made the game and wish him all the best. May he make his name known and buttload of cash as well.
And a trademark and a copyright are 2 diferent animals.
copyright =name,content,design features,and a few other things.
Trademark = A icon with a name attached.
like the g with a circle around it for garage games. thats a trademark.
From wiki
trademark/Noun: A symbol, word, or words legally registered or established by use as representing a company or product.
copyright/Noun:
1.The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
#5
His OT post only referred to copyright infringement. Nowhere is the word "Trademark" even used. The threat he got (by his own statement) was for copyright infringement, not trademark infringement. I therefore have to assume its about art or something, would you not agree?
12/19/2011 (6:40 am)
@FrankHis OT post only referred to copyright infringement. Nowhere is the word "Trademark" even used. The threat he got (by his own statement) was for copyright infringement, not trademark infringement. I therefore have to assume its about art or something, would you not agree?
#6
I dont know. All the models i used in the videos i payed for. I even bought a few from turbo squid.
But knowing there is a game with that name now. i cant use it anyway.
So by leaving the videos up i would be knowingly posting videos with another games name that is copyrighted and being sold under a publishers trademark. Big no no.
I will change the name and make a few videos and see if i get any warnings. If i do after that i will fight them. because i have the reciept's for all the art i bought in my emails. saved.
12/19/2011 (1:42 pm)
Should'nt be.The only art i used in them was from aste's art pack, and the environmental pack. but i bought them ,and some tree's and other building's from the art that came with the engine.There was one picture i used in the gui video. It was from a fantasy art page,the download said you can use this art for anything you want, But there was no copyright on that picture, and i only used it on my main menue background.but i got warnings on more than just that video.I dont know. All the models i used in the videos i payed for. I even bought a few from turbo squid.
But knowing there is a game with that name now. i cant use it anyway.
So by leaving the videos up i would be knowingly posting videos with another games name that is copyrighted and being sold under a publishers trademark. Big no no.
I will change the name and make a few videos and see if i get any warnings. If i do after that i will fight them. because i have the reciept's for all the art i bought in my emails. saved.
#7
The mere suggestion that something isn't 100% legit will soon be enough in law to shut things down. In the mean time as has been pointed out more than once to me, these websites have power over you, you have no rights at all, they 'graciously' allow you to use their services so long as they don't get any grief.
welcome to the digital version of the new world order, GUILTY until proven innocent.
12/19/2011 (2:00 pm)
The issue is partly irrelevant large corporations will screw over individuals simply because it is cost effective and expedient to do so, it will get worse and worse the more draconian the US laws get over digital stuff. The mere suggestion that something isn't 100% legit will soon be enough in law to shut things down. In the mean time as has been pointed out more than once to me, these websites have power over you, you have no rights at all, they 'graciously' allow you to use their services so long as they don't get any grief.
welcome to the digital version of the new world order, GUILTY until proven innocent.
#8
You don't have to call them "orcs." You could call them goblins, or start looking at other languages - see what the Germans called similar beasties.
Thesaurus Battles!
12/19/2011 (2:32 pm)
Guilty until proven guilty.You don't have to call them "orcs." You could call them goblins, or start looking at other languages - see what the Germans called similar beasties.
Thesaurus Battles!
#9
I'm tempted to release a game called orcwars now just to prove it can be done :p
12/19/2011 (4:05 pm)
I'm pretty sure 'orc' isnt trademarked or copyrighted, the issue over naming is pretty slack lawed too, especially since theres been any number of similarly named games since the dawn of computer games.I'm tempted to release a game called orcwars now just to prove it can be done :p
#10
I like richards idea to. I might call it RedOrcs Of War The Finnal Battle, but for now it will stay nameless untill i get it close to alpha stage of devlopment.
It might have been the name of the game, or it could have been a model i bought ,that someone else bought the same model and they have it in there game, so they assume there the only person that can use it.
They might not understand that when you buy a model from a website, they dont remove it, they keep on selling it to whomever they can.
Thats why AAA devlopers make there own models or commision them to be made soly for there project.
I will change the name out of respect for the game thats allready called orcwars, and i will use the same models i had in the other videos. If i get taged again then screw them. i have the eula for the models i bought, and will fight them on it.
I will give them this one, but the next one is mine.
I remember back in the day with seirra's kings quest. There was big fuss over using the word quest, like heros quest ,knights quest,kings throne, kings hero's, and so on.
It all boiled down that the words kings and quest could not be used together because seirra coined it, but you could use the king or quest as long as it was not exactly like seirra's kings quest.
12/19/2011 (5:18 pm)
The word world is not trademarked ethier, but i bet if you make a game called world of warcraft, blizzard will be all over you.I like richards idea to. I might call it RedOrcs Of War The Finnal Battle, but for now it will stay nameless untill i get it close to alpha stage of devlopment.
It might have been the name of the game, or it could have been a model i bought ,that someone else bought the same model and they have it in there game, so they assume there the only person that can use it.
They might not understand that when you buy a model from a website, they dont remove it, they keep on selling it to whomever they can.
Thats why AAA devlopers make there own models or commision them to be made soly for there project.
I will change the name out of respect for the game thats allready called orcwars, and i will use the same models i had in the other videos. If i get taged again then screw them. i have the eula for the models i bought, and will fight them on it.
I will give them this one, but the next one is mine.
I remember back in the day with seirra's kings quest. There was big fuss over using the word quest, like heros quest ,knights quest,kings throne, kings hero's, and so on.
It all boiled down that the words kings and quest could not be used together because seirra coined it, but you could use the king or quest as long as it was not exactly like seirra's kings quest.
#11
@Bloodknight
Ah yes, the "sopa" law. I find it hilarious that it's a Swedish curse word that you use for someone who is being a complete idiot. Hehe.
12/19/2011 (10:04 pm)
Well, if it is about a name it is simple. Tell them to stop trying to pull a Tim Langdell, and send them on their merry way. As far as any game having "Orc" in it... "Orcs must die" anyone?@Bloodknight
Ah yes, the "sopa" law. I find it hilarious that it's a Swedish curse word that you use for someone who is being a complete idiot. Hehe.
#12
The thing about trademark is that it is intended to avoid any confusion. If there was a card game expansion in the '80s called Orc Wars, that is nothing like a video game in the 2000s called Orc Wars. There is no similarity, and there is no confusion. Nobody is going to think you are TSR, or whoever produced that card game expansion in the '80s.
Also, as others pointed out, trademark != copyright. Either someone claims to have copyright on part of the content of your video, or they falsely reported your video as violating copyright. If they did a DMCA takedown notice, they would be violating the law by falsely claiming copyright. If they used YouTube's internal system to report your video, you have recourse through their system. As others also pointed out, there are corporations who will do this simply to bully you. Things are only going to get worse if/when SOPA and PIPA are passed, i.e. they'll be able to go after your advertising/funding and you will have little to no recourse.
Frankly, if it were me in this situation I wouldn't just let it pass. I'd dig deeper to find out why it was reported, and by whom. If it's your game, your content, and nothing violates copyright, then you are fully within your rights to do with it as you wish. Letting this go because it's the easy way out only opens the door for further abuse of your rights. If they have a trademark problem, they're going the wrong route, and can get themselves into trouble for doing so.
12/19/2011 (11:12 pm)
Quote:
But knowing there is a game with that name now. i cant use it anyway.
The thing about trademark is that it is intended to avoid any confusion. If there was a card game expansion in the '80s called Orc Wars, that is nothing like a video game in the 2000s called Orc Wars. There is no similarity, and there is no confusion. Nobody is going to think you are TSR, or whoever produced that card game expansion in the '80s.
Also, as others pointed out, trademark != copyright. Either someone claims to have copyright on part of the content of your video, or they falsely reported your video as violating copyright. If they did a DMCA takedown notice, they would be violating the law by falsely claiming copyright. If they used YouTube's internal system to report your video, you have recourse through their system. As others also pointed out, there are corporations who will do this simply to bully you. Things are only going to get worse if/when SOPA and PIPA are passed, i.e. they'll be able to go after your advertising/funding and you will have little to no recourse.
Frankly, if it were me in this situation I wouldn't just let it pass. I'd dig deeper to find out why it was reported, and by whom. If it's your game, your content, and nothing violates copyright, then you are fully within your rights to do with it as you wish. Letting this go because it's the easy way out only opens the door for further abuse of your rights. If they have a trademark problem, they're going the wrong route, and can get themselves into trouble for doing so.
#14
Well said! That is what I was trying to get across but did not so.
Your interpretation does not match the definitions.
Example:
- Microsoft, Windows, Office are trademarked names owned by Microsoft.
- The actual programs are copyrighted. The names are not.
12/20/2011 (6:39 am)
@Joe,Well said! That is what I was trying to get across but did not so.
Quote:
And a trademark and a copyright are 2 diferent animals.
copyright =name,content,design features,and a few other things.
Trademark = A icon with a name attached.
like the g with a circle around it for garage games. thats a trademark.
From wiki
trademark/Noun: A symbol, word, or words legally registered or established by use as representing a company or product.
copyright/Noun:
1.The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
Your interpretation does not match the definitions.
Example:
- Microsoft, Windows, Office are trademarked names owned by Microsoft.
- The actual programs are copyrighted. The names are not.
Torque Owner Demolishun
DemolishunConsulting Rocks!
2. Did you use any copyrighted materials that you did not own or did not have permission to use? Some example are: music, pictures, video clips, etc.
If yes 1 and no on 2 then you might be in trademark infringement with the name you used, but you are not infringing on any copyrights. You can check to see if the name OrcWars is someones trademark by checking the USPTO.gov. Trademarks are granted specific to the product. You cannot copyright the word OrcWars.
What youtube is doing is CYA for them. They are cowering to corporate bullies. If you don't understand your rights they will walk all over you. If you are the original author of the materials in question then don't take it down. They cannot touch you if there is not actually any infringement. You just have to tell youtube through their process and they will reinstate your videos. Just make sure you have the ability to prove you created all of the materials or that you had permission to use any materials you did not own.