Question Question about CC License and Copyright

EvilDice

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Hi to all,

I'm a videomaker and I'm new to VAM.
I’m not interested in selling scenes made with VAM(.var), but in publishing and sell videos made using VAM.

The CC license and the Copyright are not so easy to undertand in some scenario.
So I try to figure out those scenario to get some answer from the communty or the Developers:

1. In a scene I would like to use an object such as a bra that has particular characteristics and is under CC BY-NC-ND
I can't reach an agreement with the Content creator and so I decide to make it by myself.
So I create a bra practically identical to the original one, using CC BY object and free texture downloaded from internet, and I use it on my videos.
Am I doing any CC License or copyright infringement in this situation?

2. Situation similar to the previous one but relating to a specific scene.
Let's say that in a CC BY-NC-ND scene from another creator I see a sexual act that I would like to include in my scene.
I recreate the whole act from scratch, however modifying some things. The result is very similar conceptually, but the animation is slightly different because it was created by me.
Can I be reported for CC license or copyright infringement?

3. A CC BY asset used by another creator in a CC BY-NC-ND scene, a sofa for example, where sexual acts take place which are similar in the two scenes.
Can I be reported for CC License or copyright infringement?
If so, how can I change the content to avoid being reported?

4. Inspiration taken from a scene created by another Creator.
Right now I'm developing a scene inspired by a scene from another Creator.
This is the scene:
In this case the scene is CC BY and I don't think there are any problems.
But supposing this scene was CC BY-NC-ND, and I make a video where my character are streaming on twitch in the same room and the story unfolds differently.

The scene is similar for a part.

Could I be accused of plagiarism or copyright infringement?

5. Last question similar to the other.
Imagine I saw a CC BY-NC-ND scene where a girl is tied to a chair and having sex.
The asset room is CC BY and also contains the chair.
I then create a scene with the same room and chair and tie one of my models to it.
I create animations from scratch, which are very similar to the original scene.
Am I violating any CC License or Copyright?

Forgive all these questions, but I'm terrified of doing months of work only to be accused of a violation and find myself with nothing in hand.

Thanks
 
  • Copying something and making lots of small changes and saying your recreated it from scratch is still copying. Like in case of the bra making a copy and moving all the vertices slightly.
  • Recreating something from scratch that ends up exactly the same is still copying. Just very inefficient copying :D When creating something non-trivial you often make a lot of tiny choices of little relevance for the end-result, but things that can still proof something was copied rather than created yourself.
  • Definitly check the license of that "free texture off the internet" ;)
  • However, in absense of patents and protected brand names, being inspired by something is legally fine. Even under "ND" licenses. But copying isn't.
  • Regarding CC-BY assets used in a scene. Get the assets from the source (where its CC-BY still) and not from the scene. Make sure to credit the original author...that's the "BY"-part.

Could I be accused of plagiarism (...) ?
Plagiarism, yes, possibly. Depending on how similar things are. I would say the unofficial rule here is that you just have to do it better than the original and nobody will complain ;)

copyright infringement?
If you really did things from scratch after just having seen something, meaning not going back and forth all the time to recreate every tiny detail, copyright shouldn't be an issue.
 
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