In my last column, we discussed the world of video game porn. We’ve seen the GIFs, short animations and full-length videos of video game characters we all know in sexual situations. And while it’s an entire community, it isn’t without its own issues. Copyright issues to be more exact. From walking a fine line between parody and stealing to the protection of fair use, many issues arise when it comes to video game porn.
Samus from Metroid
Copyright and Assets Protection
Video game porn isn’t the only thing that deals with copyright issues. Virtually anything can come between the cross hairs when it comes to copyright and protecting your product. Let’s look at the case of DaVinci Editrice S.R.L. vs. Ziko Games, LLC.
DaVinci Editrice S.R.L. is known for creating the popular card game Bang! Within the game each character randomly receives a character to determine special abilities, with a secret role to determine their goal. The developer filed a lawsuit against Ziko Games, LLC. for distributing a similar card game entitled Legend of the Three Kingdoms. The courts decided there wasn’t anything that were grounds for claiming infringement when the mechanics in Bang! has common and familiar game concepts such as health bars, punches and kicks. In addition, the art and aesthetics or “expressive elements” aren’t similar to Legend of the Three Kingdoms.
So how does this tie in with video game porn specifically? It brings the question of what you can and cannot do with someone else’s characters, especially when distributing the end product to the world. 3DX artists can easily use Steam’s Source Filmmaker and modify characters from any video game that they like, creating all kinds of stories with them. Granted, not every person gets a DMCA claim, but are they stealing? The issue has become less about the actual action and more what is legal in the name of asset protection. It’s also about determining what “infringing” content earns protection under such legal precepts such as fair use.
Mad Moxxi from Borderlands by Hakusfm
Is It A Parody If The Subject Is Now Porn?
With the legal implications from matters such as copyright issues, one may question the existence of parodies available online. By definition a parody is the use of an existing form of media with changes that give it farcical and ironic meaning. Further, parodies have an originality of their own and thus are not infringements. That said, is it fair for people to use someone else’s assets for commercial use and reap the benefits? Artists heavily modify characters, as their original designs didn’t contain nudes; however, people know who the characters are regardless of the scenario they may be in.
As far as legal issues go what does the Court system say about parodies? Short answer, just because someone takes a specific work and turn it into a sexual piece doesn’t make it a parody. A widely cited case is Walt Disney Productions vs Air Pirates Funnies, which we’ll look at as an example.
The characters in Air Pirates Funnies were similar to Disney characters and even used their names. However, by using the fair use defense Air Pirates Funnies was able to continue to use Walt Disney characters and it was fair game. Fair use is defined as
…any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
So what does that mean? It means if you take a product from someone else and change the scenarios the characters are in and it qualifies as fair use, then it is not an illegal infringement.
What qualifies as fair use? Unfortunately there isn’t a black and white answer. The biggest issue is that it depends on varied court decisions. What does and doesn’t qualify is open to interpretation and makes things a bit harder when it comes to legal action.
Rikku and Tifa from Final Fantasy
Conclusion
There are many 3DX artists who create video game porn regularly. For some it is the only subject matter that they work with. Video game porn is steadily growing and more people are becoming aware of it. There remain issues that need addressing; however, there is no right or wrong way to do so. Fair use defenses as well as determining what qualifies to be under fair use or not makes it hard to note what is and isn’t legal.
Despite all the legal issues that goes behind video game porn there is a lot of it to note. Consider next month’s column, which will be about Tomb Raider! With its 20th anniversary just around the corner, it’s fitting to discuss such an iconic game and its impact in 3DX. Games such as The Witcher, Mass Effect and Borderlands will also get a look in the future, among others with a large porn following. Until then, be sure to keep your eyes out for our newest feature artist, Amusteven!
Featured image used: Here
Zack
December 22, 2021Hi