douhnutdavid wrote:

fdreerf wrote:

douhnutdavid wrote:

All scratch projects are under fair use

Not all. If were to make a 1:1 copy of a game like Pac-Man and release on Scratch for free, a company like Bandai-Namco will not take that lightly as I'm essentially stealing money from their pockets. After all, why but the 10000th Namco Museum when you can play it for free on Scratch?

I think they all are. Scratch project are under the Creative Commons License it says that here https://scratch.mit.edu/terms_of_use/ also the point of scratch is coding so if ur still coding the game. I don't think there have been any legal actions on scratch like that that i know of Though if you don't give credit to something you will get your reported if someone find it probably

The projects are under Creative Commons, but the games they copy aren't. Copyright still applies. There's an entire section for DCMAs. Scroll to the bottom, and it's under “Legal”.

9cjames1 wrote:

(When that project was made, Scratch didn't use CCL and that person didn't give credit to Bandai-Namco).

Scratch used CC BY-SA 2.0 since the very beginning. Using a Creative Commons license does not exempt you from copyright infringement. It only makes the thing you made free to the public as long as it's credited and shared under the same license. That's why the ToU state:

4.2 The Scratch Team encourages everyone to foster creativity by freely sharing code, art, music, and other works. However, we also understand the need for individuals and companies to protect their intellectual property rights. You are responsible for making sure you have the necessary rights, licenses, or permission for any user-generated content you submit to Scratch.

Basic88 wrote:

Companies can take down your projects by asking the ST. Be careful around making a game with Nintendo or Namaco assets, they check often.

As I said before due to the CCL, Scratch can't be sued because they are in partnership with the law Fair Use.
All projects must be credited or it could be taken down.

fdreerf wrote:

douhnutdavid wrote:

All scratch projects are under fair use

Not all. If were to make a 1:1 copy of a game like Pac-Man and release on Scratch for free, a company like Bandai-Namco will not take that lightly as I'm essentially stealing money from their pockets. After all, why but the 10000th Namco Museum when you can play it for free on Scratch?

Namco changed now

wow. thanks for all the possible explanations.

LegendOfZilda wrote:

wow. thanks for all the possible explanations.

Your welcome lol

This is allowed as long as you are not making money off of the project and/or studio.

it's under CC-BY-SA-2. in other words you can use materials made by others with credit.

fdreerf wrote:

douhnutdavid wrote:

All scratch projects are under fair use

Not all. If were to make a 1:1 copy of a game like Pac-Man and release on Scratch for free, a company like Bandai-Namco will not take that lightly as I'm essentially stealing money from their pockets. After all, why but the 10000th Namco Museum when you can play it for free on Scratch?

^
this precisely
even though scratch is licensed under CC, it doesn't really act as a defensive license in court. source: Game Theory on Youtube, the SCP video about the russian lawyer

it depends, there have been a couple of projects being taken down due to copyright before

I think once, someone made a Pacman game around 2010 (which may be legal), and Nintendo tried to file a lawsuit against the creator who was 10 years old at the time. Yeah, I think a lot of drama happened, and I don't think that was fair at all. Almost all projects are legal, but projects that stole someone's game are definetely illegal.

-moonset- wrote:

I think once, someone made a Pacman game around 2010 (which may be legal), and Nintendo tried to file a lawsuit against the creator who was 10 years old at the time. Yeah, I think a lot of drama happened, and I don't think that was fair at all. Almost all projects are legal, but projects that stole someone's game are definetely illegal.

Ok!

-moonset- wrote:

I think once, someone made a Pacman game around 2010 (which may be legal), and Nintendo tried to file a lawsuit against the creator who was 10 years old at the time. Yeah, I think a lot of drama happened, and I don't think that was fair at all. Almost all projects are legal, but projects that stole someone's game are definetely illegal.

I don't think Nintendo owns Pac-Man but I'm not that sure
Yes, if you directly rip of Pokemon Blue somehow that's probably gonna get taken down by nintendo. But if you use inspiration or some sprites you won't get in trouble..

Note that I'm pretty sure someone can't sue you for copyright over a project unless you file a counterclaim saying that the project takedown was a mistake.

Scratch DMCA wrote:

If your content has been removed due to a DMCA takedown notice, you believe you have a legal right to use the material, and you want to legally dispute this claim, you can file a DMCA counter-notification. You should only submit a counter-notification if the content was removed because of a mistake or misidentification and you are willing to go to court to defend your use of the material.

…

Upon receipt of a valid DMCA counter-notice, Scratch will share the information you provide with the person who made the original claim of copyright infringement against you. They will be able to use this information to contact you or to notify you if they choose to file a lawsuit against you.

If we are not notified about a lawsuit being filed ten (10) business days after providing a counter-notification to a person who has filed a DMCA takedown notice, access to the content which was taken down will be restored.

Read more at https://scratch.mit.edu/DMCA/

LegendOfZilda wrote:

Ok, this might be a weird question but I was learning about copyright laws recently and I was wondering, how legal are many of the projects on scratch. remixing is fine in my opinion as long as you give credit (it's a great part of scratch that helps people make new projects) but what about all the things based of Nintendo or Atari or Sega or any other game company? There are tons of mario games on scratch (some better that others) but are they legal? even if they give credit, These companies are most likely unaware that people are (kind of) ripping off their games. so back to the real question, how legal are the projects based off of other games?

when green flag clicked
forever
if <copyright> then
say [is this legal?]
end
end

All fair-use. Unless a company dislikes it they can take it down.

scratchykit5743 wrote:

it's under CC-BY-SA-2. in other words you can use materials made by others with credit.

This is not what CC BY-SA means. It means other people can use your materials with credit.

CC-BY-SA-2 Is not a copyright exemption. You must give credit, and if a company feels like it, they can issue a DCMA takedown. CC-BY-SA-2 does not mean that you can use copyrighted works with credit. It means that other people can use your materials with credit.

I hope this clears up the confusion, at least a little.

Okie dokie ,,,!

Is it legal to screen record a scratch project?
In not, how do you convert one into a video on yt on iPad?

Ty

Bluebatstar wrote:

There actually has been an instance of this before…

Wow, no way lmao, he totally didn't know that actually happened

Oh my goodness, another necroposter bumped this topic T_T Please forgive me

sproutix wrote:

Okie dokie ,,,!

Is it legal to screen record a scratch project?
In not, how do you convert one into a video on yt on iPad?

Ty

STOP