copyright for a different reason

I don't know what City of Heroes is. However, if this is something that has been produced with has that "any use of this program other than home usage is strictly forbidden" then, yeah, you'd want to get permission. According to those warnings, it's ANY usage (profit or not.) You could, of course, ignore it at your own risk.

What could some of the consequences be?

1. Nothing.
2. They could send a cease and desist order which (if you didn't comply) could lead to them suing you.
3. They could sue you.

Soooo...up to you. What is your risk aversion profile?

I have never heard of this game/show whatever, but if its something copyrighted by a company such as QL being owned and copyrighted by Universal than yes you would need permission.

Mr Questionmark said:

City of Heroes is a Multiplayer online game,(and a good one too, better than that WoW twaddle)
The DJ bit is separate but still for and by the players. The tracks I am thinking about are the fan made radio files, so nothing 'official' is going to be used.

for more info on the game :

www.cityofheroes.com

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Well chances are those fans did not make these things legally either. So it's still a risk.

Mr Questionmark said:

City of Heroes is a Multiplayer online game,(and a good one too, better than that WoW twaddle)
The DJ bit is separate but still for and by the players. The tracks I am thinking about are the fan made radio files, so nothing 'official' is going to be used.

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It sounds like the fans who made the radio files are the ones who are in violation of copyright. If anyone is prosecuted, it should be them, not you. For your purposes, I think you could consider the radio files the property of the fans, and as a courtesy you should ask those fans for permission to use the tracks.

Disclaimer: I could always be wrong!

Snish said:

Disclaimer: I could always be wrong!

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NEVER!!!! :lol

Well, this could be similar to the fanfiction or role play game situation that exists on the net. Technically, yeah, anything playing with someone elses intellectual propertry is by definition actionable. However, in many cases the holders of that intellectual property 'look the other way' for fanfiction, rpg, radio files, etc. Doesn't mean they can't change their minds...

Again...how risk adverse are you? You could give it a try (just like fanfiction writers do.)

Helen is right if you are big on risk taking than by all means go ahead with your idea. However even though as she said; copyright holders will usually look the other way when it comes to Fanfictions, RPGs, etc...that does not mean they do not still have the option to call upon you. Thus you are still in danger of facing trouble, or in your case the other fans that made the things you wish to use risk more trouble than you however since they are illegal no matter what you also risk some trouble.

Since you wish to use minor material from other fans rather than direct from the source, I would say give it a try as Helen stated in most cases copyright holders won't acknowledge. But keep in mind that this does not excuse it as a risk. If you are ok with this than by all means go for it.

Ip

Actually, everything we do has a risk associated (even 0% risk is a measurement of risk) with it and the magnitude is based upon the factors playing into the situation. Thus, it's not whether someone is "big" on risk taking. That is why I asked the question "how risk adverse are you." That infers that one understands what the risks are and is taking risks at the level they feel comfortable with.

Basically the person has to look at the facts and data of a situation. It's true that for much of fanfiction, the IP rights holders tend to look the other way as long as it's for fun and not for making money. However, there are some writers that will NOT allow people to write fanfiction at all that uses their work or characters (Nora Roberts is one.) You do a story using the characters in "Blue Smoke" and post it, you're likely to receive a 'cease and desist' letter which will require you to remove the story from any and all sites or fanzines. Places like fanfiction.net have a list of authors for whom you cannot play in their sandbox.

I don't know what the reality is for this particular fiction, but the fact there is a fan game going on that is being allowed to go on is a clue that perhaps using the fan files MIGHT be relatively risk free in this venue.

Don't get me wrong. I'm not saying you're not stepping on IP rights. And my analysis should not be taken as my saying you can do it (after all, I don't hold the IP rights for that property.) All I'm saying is...you're more likely under these circumstances not to have any problems (e.g. low risk but not zero...Ziggy says there's a 95% chance that nothing will happen.) BUT, if you are totally risk adverse, you can basically lower the risk to zero (Ziggy 100%) by not doing and/or using anything at all.

Up to you.

That is why I asked the question "how risk adverse are you." That infers that one understands what the risks are and is taking risks at the level they feel comfortable with.

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Thats what I was saying. I was asking if he is comfortable taking risks.

Linguistics

I'm not going to get into a question of linguistics with you. The point was made in SEVERAL posts in this thread (even before you said what you said.) However, you talked about being a 'big' risk taker and that is NOT the same thing as asking what a person's comfort zone is in risk adversion.

In the future, if you feel you must split hairs about who said what, when, where, how, and/or why, or any other such info, I'd appreciate it if you did so via PM. Doing so in a thread does not add to the value of the thread and, quite frankly, may be annoying to some reading it.

asearcher said:

I'm not going to get into a question of linguistics with you. The point was made in SEVERAL posts in this thread (even before you said what you said.) However, you talked about being a 'big' risk taker and that is NOT the same thing as asking what a person's comfort zone is in risk adversion.

In the future, if you feel you must split hairs about who said what, when, where, how, and/or why, or any other such info, I'd appreciate it if you did so via PM. Doing so in a thread does not add to the value of the thread and, quite frankly, may be annoying to some reading it.

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Content previous to this deleted, Helen and I are talking via PM

Helen is smartest on these matters obviously(and I mean that wholeheartedly) so her advice should help you a lot with your concerns. I wish you the best of luck on this thing you wish to do.

Mr Questionmark said:

No problem, you want to see the game forums sometimes. This is heaven compared.

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What do you mean? No one helped you out over there?

Mr Questionmark said:

there is always help, but sometimes the forum trolls derail a thread, it is moderated, but the age range of the game is so large (12+/- to whatever)

beware of one liners and a smilie

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I can't stand trolls, thats why I left the board I was with before coming here.