I'm no lawyer, but doesn't that just mean you agree to let them use images or video of your intellectual property without seeking compensation under copyright law?
I'm no lawyer, but doesn't that just mean you agree to let them use images or video of your intellectual property without seeking compensation under copyright law?
No, that's covered by the first clause in that section. I'm confused because moral rights includes the right of an author to claim authorship. Not even Instagram asks for a moral rights waiver.
I'm kind of confused about the rules. They say you can't use an existing game engine but Unity has been the exception. Also since Unity is now an exception does that mean that a unity user can qualify for other prize categorys other that the Unity special prize category?
Yeah, I very much want to know if OUYA is claiming ownership of your IP for anything you submit in this competition. It wouldn't be too bad if it was just a normal game jam. But they're really positioning this contest as something where you'll make a game and then continue to turn it into a full product (they specifically mention you might want to Kickstart it).
There have been a bunch of things about this jam that just have a feeling of "hastily thrown together". Like the weird starting date thing where they announced it as a 10-day jam starting on the 14th, but then said in the fine print that you could start 7 days early if you wanted. I know a number of devs didn't notice that and wish they had.
Waiving of moral rights is not available in all countries. Specifically it is not allowed in Europe. The U.S. has the least protection for moral rights of any country. So can moral rights legally be waived for a European entrant to a U.S-based competition? "to the fullest extent permitted" by whose law?
Well these things are always based on the law firm's templates and don't necessarily reflect the view of the organizers. And contracts are always heavily pro-issuer to defend themselves against any liabilities.
That said, some parts of it do seem to cross the line. The guys at KillScreen probably didn't have much time to review it. I'm sure they've got the best intentions so maybe they'll address the moral rights point soon.
I'm kind of confused about the rules. They say you can't use an existing game engine but Unity has been the exception. Also since Unity is now an exception does that mean that a unity user can qualify for other prize categorys other that the Unity special prize category?
Perhaps the rules have changed since you posted, but the rules currently state that you can use a third-party engine if you have the rights to use such engine in a commercially published title and make it available on the OUYA.
@Magnesus, libGDX should be fine if you have the rights to commercially publish a title using it.
@Shiels, a FB page is not a promotion. Your FB page is promotional material for your game, but it is not a promotion. CREATE is a promotion in that it is a contest or event that invites submissions from developers and gives rewards for merit of those submissions.
@Shiels, the point isn't really whether you promoted your game before or not. Either way, you're supposed to make a NEW game for this competition. If you've already been working on it before the competition was announced, it wouldn't be fair to everyone else who's starting fresh.
Could the KillScreen people please look at removing 4.c.ii? http://www.wellsiplaw.com/what-are-moral-rights/ Is it that necessary? Like said above, it seems like the rest of 4c covers their butt pretty well and lets them exploit the games for promotion well enough.
Guys, I wrote KillScreen and here's their response via email to the 'moral rights' issue. I think I'll be submitting then, seems okay.
"
Moral
rights are the rights of an author to protect the artistic integrity of
his or her works. Basically, it is the right to control every possible
way in which an artistic work is presented, including in any derivative
works. This would extend for example, to promotional use by OUYA or Kill
Screen of screenshots or game features or inclusion of a game
description or screenshot in a compilation marketing piece next to
another game submission. The moral rights waiver is limited in scope in
that if OUYA does these marketing activities, an author cannot sue OUYA
for violation of moral rights based on this type of abstract claim (for
example, if Kill Screen displays a winning submission in a list next to
another submission that the author morally objects to).
We
completely understand that this is intense language, but we need to
include it to protect against situations like the above example, however
unlikely.
Please
note that moral rights are not assignable, so Neither OUYA not Kill
Screen are taking ownership of anything. And they have nothing to
do with economic rights, which we have no desire to take away from you!
You are free to publish or not publish the game to OUYA or any other
platform, and we do not have the rights to publish your game (even to
OUYA) without your permission."
Comments
http://www.wellsiplaw.com/what-are-moral-rights/
Is it that necessary? Like said above, it seems like the rest of 4c covers their butt pretty well and lets them exploit the games for promotion well enough.
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