🎉 Celebrating 25 Years of GameDev.net! 🎉

Not many can claim 25 years on the Internet! Join us in celebrating this milestone. Learn more about our history, and thank you for being a part of our community!

Architecture copyright

Started by
8 comments, last by frob 9 years, 1 month ago

Don't mean to hijack the thread but a scrapped game of mine had planned to use an area (with its building) owned by my local council. I also had plans to show off a recreation of my primary school in video game form.

Should I resurrect the project, of course I am going to ask someone who I know from the school regarding permissions but my local council has a complex contact system so I'm not sure who to ask in that department?

And I did not know that architecture can be copyrighted. Good thing I read this thread before I released a game based on my childhood, eh?

Advertisement

Splitting this to a new thread. Please don't hijack other threads.

Yes, architecture can be subject to copyright protection, trademark protection, and potentially other design protections.

The most solid advice is to talk to a local lawyer if you plan on using it for anything outside your own private use. But that can cost a few hundred dollars, more or less, depending on location on the globe.

For something that will never see the external world, never be posted online, never be published, you can basically do whatever you want.

The difficulty comes when it gets displayed publicly... such as showing it off for your school friends, or on facebook, or other public forums. If the person owning IP rights hear back about it (they may never know), and if they care about it (they may not care about a small use), and if it is worth the cost of taking action against you (they may decide you aren't worth taking action at that time), then you'll be facing legal action.

But you shouldn't rely on any of those 'ifs'. There are bots that continuously scour the web for infringement of registered images so groups can know about the infringement as soon as it is indexed, there are rights holdings companies that jump straight to federal lawsuits at even the slightest potential infringement, and there are groups that will sue even if you have no resources to recover. Risk is low, but it is far from zero.

It is a function of risk and risk tolerance. The likelihood of action against that type of small use of a local building for a hobby game that never gets published is fairly low with a lot of "ifs"; the cost of dealing with it if something goes wrong might be a few hundred dollars, is likely a few thousand dollars, perhaps reaching tens of thousands. Fairly low risk but probably high cost for your situation. Judge that for yourself.

Here's a case from a few years back that made the news in the UK. The church that was allegedly copied seemed to not have a copyright infringement case in this particular instance:

http://news.bbc.co.uk/1/hi/england/manchester/6736809.stm

http://en.wikipedia.org/wiki/Controversy_over_the_use_of_Manchester_Cathedral_in_Resistance:_Fall_of_Man#cite_note-12

Hope your game is not violent!

Splitting this to a new thread. Please don't hijack other threads.

Yes, architecture can be subject to copyright protection, trademark protection, and potentially other design protections.

The most solid advice is to talk to a local lawyer if you plan on using it for anything outside your own private use. But that can cost a few hundred dollars, more or less, depending on location on the globe.

For something that will never see the external world, never be posted online, never be published, you can basically do whatever you want.

The difficulty comes when it gets displayed publicly... such as showing it off for your school friends, or on facebook, or other public forums. If the person owning IP rights hear back about it (they may never know), and if they care about it (they may not care about a small use), and if it is worth the cost of taking action against you (they may decide you aren't worth taking action at that time), then you'll be facing legal action.

But you shouldn't rely on any of those 'ifs'. There are bots that continuously scour the web for infringement of registered images so groups can know about the infringement as soon as it is indexed, there are rights holdings companies that jump straight to federal lawsuits at even the slightest potential infringement, and there are groups that will sue even if you have no resources to recover. Risk is low, but it is far from zero.

It is a function of risk and risk tolerance. The likelihood of action against that type of small use of a local building for a hobby game that never gets published is fairly low with a lot of "ifs"; the cost of dealing with it if something goes wrong might be a few hundred dollars, is likely a few thousand dollars, perhaps reaching tens of thousands. Fairly low risk but probably high cost for your situation. Judge that for yourself.

Thank you :)

I'm glad I found this forum before releasing the game, otherwise I could've been sued because of not knowing that architecture has copyright.

Here's a case from a few years back that made the news in the UK. The church that was allegedly copied seemed to not have a copyright infringement case in this particular instance:

http://news.bbc.co.uk/1/hi/england/manchester/6736809.stm

http://en.wikipedia.org/wiki/Controversy_over_the_use_of_Manchester_Cathedral_in_Resistance:_Fall_of_Man#cite_note-12

Hope your game is not violent!

No, my game is not violent. :)

The game was planned to act as an interactive kids TV series but set in my old primary school with a brand new cast of characters.

Here's a case from a few years back that made the news in the UK. The church that was allegedly copied seemed to not have a copyright infringement case in this particular instance:

http://news.bbc.co.uk/1/hi/england/manchester/6736809.stm

http://en.wikipedia.org/wiki/Controversy_over_the_use_of_Manchester_Cathedral_in_Resistance:_Fall_of_Man#cite_note-12

Hope your game is not violent!

This one is so perverse that it's hilarious (but quite typical) laugh.png

Shows how crazily different people can perceive things from how things really are and still get to make obviously and intentionally wrong public accusations without a lawsuit for libel (there's absolutely no way this could be copyright infringment, which should be immediately obvious to anyone). Also shows spectacularly how demagoges mix different, unrelated truths, half thruths, and lies to confuse the audience. Again, without being punished.

Did Fall of Man, which is situated in the 1950s (of an alternate reality) display priests abusing little children? Now that might lend to a realistic copyright lawsuit...

This:

http://www.gamespot.com/articles/student-transferred-for-making-counter-strike-map-based-on-school/1100-6235913/

Here's a case from a few years back that made the news in the UK. The church that was allegedly copied seemed to not have a copyright infringement case in this particular instance:
http://news.bbc.co.uk/1/hi/england/manchester/6736809.stm
http://en.wikipedia.org/wiki/Controversy_over_the_use_of_Manchester_Cathedral_in_Resistance:_Fall_of_Man#cite_note-12

This one is so perverse that it's hilarious (but quite typical) laugh.png

Shows how crazily different people can perceive things from how things really are and still get to make obviously and intentionally wrong public accusations without a lawsuit for libel (there's absolutely no way this could be copyright infringment, which should be immediately obvious to anyone).


I don't think you understand copyright (or you'd realize the church potentially did have a valid claim, despite your comment of being "immediately obvious to anyone" otherwise) and I don't think you understand what the church was complaining about, or you might be an ounce or two sympathetic to their legitimate complaint... The wikipedia article gives a good job explaining it, but I posted my views here.

Did Fall of Man, which is situated in the 1950s (of an alternate reality) display priests abusing little children? Now that might lend to a realistic copyright lawsuit...


If Fall of Man displayed priests abusing children, that'd not be in any way copyrighted related.
The OP asked a legal question about copyrights, another person replied with a copyright-related situation that happens to involve a religious organization, and you immediately tried to connect it to child abuse. huh.png It seems like you brought it up just as an excuse to bash religion.

Don't mean to hijack the thread but a scrapped game of mine had planned to use an area (with its building) owned by my local council. I also had plans to show off a recreation of my primary school in video game form.

Should I resurrect the project, of course I am going to ask someone who I know from the school regarding permissions but my local council has a complex contact system so I'm not sure who to ask in that department?


Complex contact systems can sometimes be slightly easier to navigate by being friendly and talking to people in person.

My city has a wide areas where the city stores spare supplies like telephone poles and bricks and asphalt for roads and such like that, and someone told me my city has a pile of wood chips their from trees they cut up that falls during rainstorms on electrical cables and such. I wanted alot of wood chips for a garden, and didn't want to pay for it, so I went to my local county office and asked the first person I met, asking them who I needed to talk to. Apparently the local county and the local city have different buildings, but the county office knew how to direct me to the city office, giving me driving directions (just a few blocks away).

So I went to the city office and asked the first person I saw - one of a few secretaries with some dude reclining in the chair behind them. The secretary gave me the number of the person who manages the city supply depot where the woodchips were, but the person reclining behind her cut her off and gave me permission to take as much as I want to. I'm still not 100% positive, but I think the guy who was reclining and gave me permission is the mayor of the city.

Complex phone systems and email systems? Go visit in person. Be friendly.
Sometimes you encounter tired government employees who act like bureaucrats - but you're more likely to find such a person on the phone than you are in person. If you go in person, you can scan the people in the room and intentionally go up to and talk to the one who seems the most amiable to you. Frequently visited buildings like the DMV may have more worn out and irritated employees than less-visited buildings like county administration offices. I'd try going into the very building you want to use, and asking the friendliest person you see. They likely won't be able to help you, but they'd have a much better chance of knowing who can.

If Fall of Man displayed priests abusing children, that'd not be in any way copyrighted related. [...] you immediately tried to connect it to child abuse. huh.png It seems like you brought it up just as an excuse to bash religion.

It would be none less copyright-related than gang gunfights, though. Which is my point. I deliberately used the same technique as the church did in that case to demonstrate what they are doing. Besides, while I do not believe most of what's in that book, John 8-7 is something that people, and in particular the church, should respect a lot more.


I don't think you understand copyright (or you'd realize the church potentially did have a valid claim, despite your comment of being "immediately obvious to anyone" otherwise) and I don't think you understand what the church was complaining about, or you might be an ounce or two sympathetic to their legitimate complain
On the contrary. I understand very well that copyright expires 70 years after the death or the author, and the Manchester Cathedral is a 15th century building. Unless you expect 15th century stonemasons to live over 450 years, this is pretty safe. Also, work in permanent public display bears no copyright in the UK. Therefore the "copyright" claim is very obviously totally unreasonable.

I do also perfectly understand what the church tried to mix in, there. It's the fact that Manchester has a "gun history". This is sad, but it has nothing to do with copyright. However, it's just typical for how demagoges work. You take "fact" A of which you know it's not true at all, and mix in some sad facts B and C which are entirely unrelated, and try to stirr up the public. Who will take A for as granted as B and C because they're mentioned in one sentence.

All in all, so what. Making a game with gunfights in a city where triad drug dealers regularly shoot people is maybe not precisely what you would call "good taste". But it's not copyright infringment, nor is it anything illegal, nor does it warrant the shitstorm that came from the child abusing faction (who, besides are doing something illegal).

I haven't ever played Fall of Man myself, but I read that it's about aliens invading. Unless the church postulates that all Manchester drug dealers and gang members are yellow skinned "aliens" a.k.a. Chinese immigrants (hey, we're not being racist at all, are we!) I don't see how one could possibly assume that the makers of that game tried to make any such indication, or that you should (or even could validly) assume such a thing.

Lastly, if someone doesn't like shooting at aliens/zombies/whatever, that's fine, nobody forces them to play that game (or Doom or Afterlife, or Resident Evil, or any such game). But as it seems more people bought the game after the church complained, which is telling.

It would be none less copyright-related than gang gunfights, though.


They didn't claim any copyright infringement on gunfights. They said (paraphrasing) 'as an anti-gun violence organization, we don't want gunfights to be displayed inside our church. We vocally protest Sony's use of it in this way.'. A perfectly reasonable desire.
Then they said, 'we're looking into whether or not Sony using the interior of our church is a copyright violation. We are holding our legal options open'.

No gunfights inside their church is their goal, copyright infringement of the artistic nature of the church interior is their tool/weapon to reach the goal.

So yes, gang gunfights is not a copyright infringement, but they never claimed it was.

I don't think you understand copyright (or you'd realize the church potentially did have a valid claim, despite your comment of being "immediately obvious to anyone" otherwise) and I don't think you understand what the church was complaining about, or you might be an ounce or two sympathetic to their legitimate complain

On the contrary. I understand very well that copyright expires 70 years after the death or the author, and the Manchester Cathedral is a 15th century building. Unless you expect 15th century stonemasons to live over 450 years, this is pretty safe.

There's several issues here though, explaining why the church was 'looking into their legal options' because there may indeed be opportunity for a copyright claim, even if just a slim one.

First, the building was bombed during WW2, and rebuilt, upgraded, expanded, and modified. This would make the original 15th century architecture in the public domain, but with the new modifications (depending on how different they are from the original) the church would be a derivative work of that original design. The original design would still be public domain, but the changes would be copyrighted and haven't yet expired. If Sony used the modern representation of the church, they may indeed be infringing on the derived (modern) work.

Now, building exteriors are one thing, but the church (at least in the wikipedia article) repeatedly referred to the interior of the church, only requesting that the interior fight scenes be removed, perhaps recognizing that they'd have even less chance arguing for the exterior to also be removed.

Also, work in permanent public display bears no copyright in the UK. Therefore the "copyright" claim is very obviously totally unreasonable.


It's not true that work in public display 'bears no copyright'. It is still fully copyrighted, there are just a few extra exceptions that permit certain types of reproductions in specific circumstances. All the other rules of copyrights must still be followed.

Just because something is displayed publicly does not mean it is automatically public domain. It just gives a few extra rights to the public. Is Sony within those few minor extra rights? Seeing that those exceptions mostly cover photographs and filming, do those rights only apply to faithful reproductions?
Does the interior of the church's private property count as public (probably)? I haven't played the game either.
What art forms within the interior of the church falls under these exceptions? These exceptions don't apply to paintings, murals, or engravings. Did Sony accidentally reproduce any of these? Likely the murals would already be out of copyright... but on the other hand, Bill Gates owns the digital rights to the Mona Lisa, and TV shows and movies and news websites have to pay him each time they use it. When it comes to digital reproductions, law is still a grey area. Hence, the church considering their legal options and consulting their lawyers while at the same time trying to engage in a dialogue with Sony before it even reaches court.

Further, it's not just 'public display' its 'permanent public display'. These are legal terms open to interpretation by judges. What constitutes 'public'?what constitutes 'permanent'?

The church basically said, "Hey, we don't like what you are doing with our property (gun violence inside reproductions of our church), and we want you to stop. Here's why we don't like what you are doing (gun violence victims as members, city of gun violence, opposed to gun violence, spends money to reduce gun violence, gun violence vigils), and here's how we are going to try to get you to stop (we're looking into our legal options, we're contacting you directly, and we're publicly voicing our grievance)."

Seeing that it appears no lawsuit was actually filed, they may have come to the conclusion that their chance of victory was slim.

They probably could've argued for a violation of moral rights, but that applies to authors and the original creators are dead. But the moral rights of the authors of the derivative works of the reconstruction and expansion and revamping of the church? Legal issues is not yes/no. It's a vast swamp of 'maybes'. To entirely dismiss the church's (potential) lawsuit as "so perverse that it's hilarious" is to misunderstand the expanse and complexity of the law.

I do also perfectly understand what the church tried to mix in, there. It's the fact that Manchester has a "gun history". This is sad, but it has nothing to do with copyright.

They were explaining the reason for their complaint. They are anti-gun violence, and hold vigils in their church for gun violence victims (most likely whose family members attend the church), and now a videogame is portraying interactive gun fights within the church.

They weren't arguing that gun violence has something to do with copyright. They were complaining about portrayals of gun violence in what almost amounts to their own home, and said they were looking into the actual <potential> copyright claims.

They weren't arguing in court that they have a copyright claim against gun violence. That's a misunderstanding of their complaint and claim.

However, it's just typical for how demagoges work. You take "fact" A of which you know it's not true at all, and mix in some sad facts B and C which are entirely unrelated, and try to stirr up the public. Who will take A for as granted as B and C because they're mentioned in one sentence.

I don't think that's what they were doing. Why would the public even care about copyright infringement?

What facts are they deliberately distorting? Everything seems perfectly reasonable to me. It seems like you are the one distorting or simply misunderstanding their claims.

I think they were telling the public, "This is what we are complaining about" (Sony portraying gun violence in their own church), and telling Sony and the public "We're looking into possible copyright violations as a way to get Sony to retract it."

If they said, "We're suing Sony for copyright infringement" with zero explanation of why, it just looks like a nuisance lawsuit (which their demand for donations doesn't help - despite it being specifically a demand for donations toward anti-gun violence work).

that came from the child abusing faction (who, besides are doing something illegal).


A) You're implying the entire Church of England is pro-child abuse. Which is false.
B) You're implying the entire Church of England's congregation or employees are also child abusers. Which is false.
C) You're implying that someone's complaint is invalid because of who they are, not because of the merits of the complaint. Which is false.

This is like a mall security guard, or maybe the mall manager, sexually abusing someone, so instead of making sure justice is done against that person and the two or three who were aware of it, you attack malls everywhere for being pro-abuse. And then you respond to an unrelated employee who works in the mall is claiming he doesn't think it's right to portray gun violence in that mall, saying, "YOUR COMPLAINT IS INVALID BECAUSE YOU SUPPORT CHILD RAPISTS!".

It doesn't make sense. A person's arguments may be accurate even if they are serial killers. Or a person's arguments may be flawed even if they are perfectly decent individuals. An argument must be judged based on its own merit, not the merit of the one giving it. And you're dismissing an argument based on the one giving it happening to work for the same organization as someone else who did a terrible thing.

I haven't ever played Fall of Man myself, but I read that it's about aliens invading. Unless the church postulates that all Manchester drug dealers and gang members are yellow skinned "aliens" a.k.a. Chinese immigrants (hey, we're not being racist at all, are we!)

You're extrapolating what you imagine to be their reasoning, and then implying that they are being racist for your extrapolation of your imagination of what their stance might be?

I don't see how one could possibly assume that the makers of that game tried to make any such indication, or that you should (or even could validly) assume such a thing.

You're making the same assumption that Sony themselves made, when Sony replied to their complaint without actually taking the time to understand their complaint.

Sony said, "This is a work of fiction, we're not trying to portray anything specific or any specific building."

And the church said, "We don't care if it's a work of fiction or not, you've digitally reproduced our refuge from gun violence, our home away from home, our place of worship, and then host virtual gunfights within it."

They know the difference between fiction and not. That had zero to do with their complaint. They aren't Jack Thompson.

Lastly, if someone doesn't like shooting at aliens/zombies/whatever, that's fine, nobody forces them to play that game (or Doom or Afterlife, or Resident Evil, or any such game).

They were not complaining about general gun violence in games. They were complaining about gun violence in a digital reproduction of their own property - one that they are intimately familiar with as a place of refuge and safety. Seriously, this is only a notch or two less than a gunfight in a digital reproduction of their bedroom at home.

That worries me. Although my game is set in my old school but it would essentially be U in terms of content, and maybe PG in later school years.

Here's a case from a few years back that made the news in the UK. The church that was allegedly copied seemed to not have a copyright infringement case in this particular instance:
http://news.bbc.co.uk/1/hi/england/manchester/6736809.stm
http://en.wikipedia.org/wiki/Controversy_over_the_use_of_Manchester_Cathedral_in_Resistance:_Fall_of_Man#cite_note-12

This one is so perverse that it's hilarious (but quite typical) laugh.png

Shows how crazily different people can perceive things from how things really are and still get to make obviously and intentionally wrong public accusations without a lawsuit for libel (there's absolutely no way this could be copyright infringment, which should be immediately obvious to anyone).


I don't think you understand copyright (or you'd realize the church potentially did have a valid claim, despite your comment of being "immediately obvious to anyone" otherwise) and I don't think you understand what the church was complaining about, or you might be an ounce or two sympathetic to their legitimate complaint... The wikipedia article gives a good job explaining it, but I posted my views here.

Did Fall of Man, which is situated in the 1950s (of an alternate reality) display priests abusing little children? Now that might lend to a realistic copyright lawsuit...


If Fall of Man displayed priests abusing children, that'd not be in any way copyrighted related.
The OP asked a legal question about copyrights, another person replied with a copyright-related situation that happens to involve a religious organization, and you immediately tried to connect it to child abuse. huh.png It seems like you brought it up just as an excuse to bash religion.

Don't mean to hijack the thread but a scrapped game of mine had planned to use an area (with its building) owned by my local council. I also had plans to show off a recreation of my primary school in video game form.

Should I resurrect the project, of course I am going to ask someone who I know from the school regarding permissions but my local council has a complex contact system so I'm not sure who to ask in that department?


Complex contact systems can sometimes be slightly easier to navigate by being friendly and talking to people in person.

My city has a wide areas where the city stores spare supplies like telephone poles and bricks and asphalt for roads and such like that, and someone told me my city has a pile of wood chips their from trees they cut up that falls during rainstorms on electrical cables and such. I wanted alot of wood chips for a garden, and didn't want to pay for it, so I went to my local county office and asked the first person I met, asking them who I needed to talk to. Apparently the local county and the local city have different buildings, but the county office knew how to direct me to the city office, giving me driving directions (just a few blocks away).

So I went to the city office and asked the first person I saw - one of a few secretaries with some dude reclining in the chair behind them. The secretary gave me the number of the person who manages the city supply depot where the woodchips were, but the person reclining behind her cut her off and gave me permission to take as much as I want to. I'm still not 100% positive, but I think the guy who was reclining and gave me permission is the mayor of the city.

Complex phone systems and email systems? Go visit in person. Be friendly.
Sometimes you encounter tired government employees who act like bureaucrats - but you're more likely to find such a person on the phone than you are in person. If you go in person, you can scan the people in the room and intentionally go up to and talk to the one who seems the most amiable to you. Frequently visited buildings like the DMV may have more worn out and irritated employees than less-visited buildings like county administration offices. I'd try going into the very building you want to use, and asking the friendliest person you see. They likely won't be able to help you, but they'd have a much better chance of knowing who can.

Thanks - I will contact my local council in their local office :)

This topic is closed to new replies.

Advertisement