Hello

[Blaize]

Hi, I recently found your character sprite maker, and I have to say that it is fantastic!

The reason I am using the sprite maker is because me and a friend of mine are making an RPG using LUA which we are looking to have released on the iPhone and Android OS. Neither of us are artists, and so we were wondering, how does it work if we want to use some of the art on the sprite maker? Is it free to use, and would the creators like credit (which we would be happy to give)? Also, we may be looking for people to help us with more specific request for armour and weapons, though we can get on to that later.

Thanks.

[SaiKar]

Hello, sir.

All of the resources on this site, including the composite sprites used for the character and other generators, are free to use for amateur and fan use only. If this RPG of yours is going to be sold for any sort of money either for you or for whomever you license it to (which I can only assume it will be if its going on iPhones) then I am afraid they are not available for use.

Naturally, if you wish to recruit for artists to design graphics specifically for your project, you may feel free to do so.

[Blaize]

Ahh, I knew I forgot to mention something - it will be a free app, so we will not be charging for it or making any profit of it in any way shape or form. The reason we are doing this is because both of us have had experience using C++, but wanted to try something a little different over the summer, so we chose LUA.

[SaiKar]

I see. Interesting. I'll need to clarify the legal status in that case.

[Blaize]

Ok, thanks very much, it'd be greatly appreciated as my artistic talent...well, even my stickmen look wrong.

[Blaize]

Hey, is there any update on the legal status of me using the sprites? I really like all the designs and am kinda desperate to be able to officially use them

[Archem]

Not that I'm the lawyer around here or anything, but I would think that, so long as you credit the creators, and the product is completely free, then you'd be alright. Still, might want to wait on Sai's response, given that he's basically the supreme power around here. I suppose you could also request artists to make custom resources, effectively nullifying the issue.

[SaiKar]

Sorry for not getting back to you quickly. It's a complicated legal situation on three levels and I had to do some research both on the site and on general copyright law. Wow, I can't believe that 1 semister law class I took way back when is coming in this much handy...

Anyway, three issues.

First, we're a site that makes money (we accept donations and run ad sevices) off of edits of other peoples work. Realistically, these things are accepted within the realm of fan sites and not prosecuted because (the general idea goes) we do more to help encourage the use of the product than we harm them by making money to run the site. But we probably could recieve a Cease and Desist letter from Enterbrain and would be bound to comply. That alone means we can't really speak well for the resources.

Second, even if you take Enterbrain out of the picture, it's not clear who controls intellectual rights for the items on this site - us or the submitters. Most sites have a page that explains that any submissions to the site become property of the site. However, I really can't find this sort of legal page on Charas anywhere. Maybe I'm missing it... but even if I am, the fact that it's hard to find nullifies its legal effect. All the rumors about obscure small text print deep within contracts screwing people over are damaticizations - contracts that hide the important parts in small text like that are not legally binding. So either I can't find it, or it really doesn't exist. This puts us in the unfortunate position of not being able to speak for our resources with a firm legal stance. I realize the site was set up with purely the spirit of cooperation in mind, throwing legality to wind, but now we're hurting for it.

And third... no matter what I type here, or what anyone types here, I can't actually speak for Charas from any sort of legal standpoint. I'm the head staff administrator of the forums, but that's a far cry from running the site. If push came to shove, any respectable court would realize that, while I may be trying to clarify the situation, my stance has no legal backing. We'd need Alex, the site's owner, for that... but even if I contacted him and asked him, we'd still be bound by points one and two. And, no offense, but I kind of have a policy of not calling the boss on things like this.

Here's my stance: even if your software is intended to be distributed for free, it would enhance the platform that it is distributed on, giving them an economic gain that a dollar amount could be assigned to. This argument could be used against Charas as encouraging the piracy of resources from Enterbrain for the gain of someone else. I think the only safe thing I can do is deny permission to use the resources. I'm sorry.

[Blaize]

Ok, well thank you for the extensive clarification. I didn't realise the sprites here were mostly edited version of stuff from Enterbrain, I thought they were wholly original. It's unfortunate that I can't use these sprites, but I'm sure I can find others or get someone to make them. Thanks again.

[A Forgotten Legend]

Well, there are many sprites that are edits, however, isn't there stuff in the generator that is custom?  I mean, some of those body sprites look nothing like any enterbrain sprites I've seen.  I mean, the only resemblance is the shape.

[A Forgotten Legend]

I meant the base when I said body sprites. >.>