Archie, I truly respect your work in the industry you are a part of and the experience you have had. However, to think that there is some sort of legal risk to the model ripper for use in a production with Machinima is still absolutely wrong. I know you disagree with that and I hope to give a better argument so you can begin to see why we continue to use ripped content all over the web. I too am not trying to antagonize.
The worst case scenario (worst possible case) is that the youtube video would get flagged and taken off youtube. There is no possible way this job could or would get tracked to the ripper. If the ripper wants some sort of “protection” in the contract they sign with me – we can do it. If you want, by contract, I would never tell anybody at Machinima who exactly ripped and compiled the content.
Do we have explicit permission for this exact rip? No. Getting permission for this would be a waste of time for everybody up and down the ladder for both companies. The relationship up top is what matters. If for whatever reason we find out that Riot didn’t like us using their model (for whatever reason) – they would discuss it up top and it would be a very simple fix; we take the video down and we learn that Riot has a very different approach then the rest of the video game world.
If this becomes a popular series – then it would be worth the time. Right now this is just a pilot. If this is popular, Riot would probably reach out to Machinima and they would help me find a contact there at Riot who would work with me – like the way Bungie worked with the Red Vs Blue team. However, it takes time and an audience for those on top to think making those connections is worth the time.
We have no idea how much ripped content we can use in machinimation because there has never been a court case that has needed to look at the four factors of fair use. There has never needed to be a court case because, as I keep saying, the video game companies LOVE machinimation with their content. What they are worried about is the use of their ripped content in other video games.
You mentioned my response was “vague.” I agree because the issue itself is vague. The subject is not as easily defined as model rippers tend to think. The “fair use” of ripped models in Machinimation is a legally grey area. The reason it’s not black and white is because it is clearly NOT an “ethically” grey area. Video game companies love it. It’s not like CD burning which for most musicians is clearly “stealing.” What we are doing we continue to do with blessing.
Does this help at all Archie?