Copyright Infringement & The Fight For Original Content.

[Frizzle1360]

Copyright Infringement & 
The Fight For Original Content.

 

• WHAT IS COPYRIGHT AND ITS INFRINGEMENT?

 

Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. Using content without permission or legal rights to it, in any way, is copyright infringement. Even if it is not monetized.

 

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

 

This thread is not to discuss whether or not a group would/should contact for legal reasons, because we can all argue if that could occur or not for ages without any sort of outcome to this thread.

 

• WHERE IS THIS HAPPENING?

 

With a dive into the forums, it seems as if plagiarism was previously a rule against the server as early as 2017-2018, and last seeing it in 2019.

 

 

Below I’ve pulled up as many of the motorcycle club factions that I could find using copyrighted material from real life. This is being used on the forums, and in game. Currently it’s popular to have a client side mod between these factions that sport copyrighted logos on their back for ‘added realism’ and for screenshots. So the use goes across many fields.

 

A C T I V E FACTIONS:

-Mongols MC

-Vagos MC

 

C L O S E D FACTIONS:

-Cossacks MC

 

-Red Devils MC

 

 

-Sons Of Silence MC 

 

 

P O T E N T A L FACTIONS:

-Outlaws MC
(Not an Official faction as of 3/AUG/2020)

 

Use of these are not advancing understanding of political, human rights, economic, democracy, and social justice issues, etc. So this does not constitute under ‘fair use’. 

 

• WHY WE SHOULD RESPECT THE LAW / MORAL GROUNDS.

 

Most of us who research into the 1%er and outlaw club life know very well how disrespectful using their logo is. There is an entire brotherhood built upon the MC name and patch that takes effort and time to earn. Ethics wise, these logos are not ours to use or reproduce, especially when we are the ones who advertise the server to potential donors with such materials.

 

Just in the past few years, the Hells Angels have brought more than a dozen cases in federal court, alleging infringement on apparel, jewelry, posters and... yo-yos. The group has also challenged Internet domain names and a Hollywood movie — all for borrowing the motorcycle club's name and insignias. Recently they have sued rapper Young Jeezy for his knock off apparel.

 

Morals aside - and speaking in a more broad sense - I have concern for GTAW as a whole. Any actual people using these images, logos, materials could be at risk for DMCA / EUCD take down. The community acts as a singular unit, and while this is a platform - I’m not entirely clear who would be responsible if something such as this would happen. I feel as if it is paramount that Management would enforce a new Copyright and Plagiarism rule for the sake of protecting everyone, and themselves, from any potential legal jeopardy. 

 

Motorcycle clubs are worldwide, therefore, a lot of these copyrights are protected under international laws and treaties. Here are some examples of the Mother Chapters’ copyright info using such;

MONGOLS Active Copyright.

VAGOS Active Copyright.

 

• OUR CONFLICTING RULES.

 

6) Character Rules
-Names cannot be famous or be similar to a famous person's name.
-Names may not be the same as or similar to characters in video games, movies, TV shows or any other form of media.

 

Not sure why names have been the extent of famous use. Businesses and Logos should be included. We aren’t allowed to use real life face claims on facebrowser, yet, most faction threads use pictures of actual gang members in their opening posts.

 

• WHAT THIS CAN CHANGE?

 

-Having these real life factions in the game create previous and existing allies and enemies. Hindering IC relationships to blossom.

 

-Factions use of “In real life, X is known to Y” as arguments for certain actions they perform. Your faction should be KNOWN for what they do - because they’ve actually done it. Not just referring back to the real life equivalent.

 

-Using pre-existing turf outside of Los Santos as leverage for deals and actions. These MCs have their own turfs and allies that could cause issues if one would attack the other in LS - causing an entire worldwide war.

 

-Promote more original content, original stories, original logos, original character development and goals.

 

• THE FIGHT FOR ORIGINAL CONTENT.

 

Original content is one of the greatest things this server has. It backs up our claim for being strict and full of quality. To base and start off your faction from a Wikipedia article is a small amount of effort compared to those who have created their own logos, their own backstory, and did not use existing lore and grounded rules to their advantage. This type of groundwork for development is astounding. Plus, The sheer amount of quality control it would take to make sure everyone is properly conveying these real life clubs and gangs seems unfeasible.

 

While this thread is to point out issues with copyright, I commend all of you who have worked tirelessly to produce your own original content, and only want to see more of it!

 

• CLOSING STATEMENTS.

 

I understand that this thread could inevitably be populated with an army of faction members trying to defend their use, and I understand that this may feel like just pointing fingers. I hope that the hours I have put into writing this statement proves to you that there is no personal ill will, but instead a push forward to make our server fair, right, and better for everyone.

 

For the argument that this is simply a game server. Regardless of the purpose of any content or its intended use, there is still an end product and these images are being misused.

[mj2002]

Doesn't this just fall under private and non-commercial use exceptions?

[Kyra]

Great post, glad someone finally realized this and had the guts to speak up.
Fully supporting this, not even a single doubt.

Thanks for taking your time and effort in writing this.

[Tank]

Ok. You got me.

 

What can I even say.

 

Do what you gotta do.

[medo978]

Supporting! +1

[georgiodo]

Absolutely supporting this.

[F0r3sT]

Supporting this for sure. People should use their creativity.

[Tempeti]

+1

[BazaarPlayground]

I for one, agree with this. As a writer and an artist, I have to be careful with my work, not to infringe on copywrites as well. I love this community and the orignal role play I find with in it! MC's are a BIG part of the server I find, and I love that, so I'd hate to see them, or the whole server taken down just because of some potential copyright strikes! 

 

I personally make all my art and logos for my characters and groups, and I know others do too! I'm more then willing to help others learn to make logos and things for their groups themselves! ^w^ That way we can grow and become a more unique and original community, and support eachother along the way by making positive ooc relations as well!

[Marksman]

We don't support those with pirated games. Why should we support those with pirated factions?