united-states copyright intellectual-property
Intellectual property with art
<p>My friend and I were working on a game called Learnloot.</p>
<p>My friend made art, writing, and other designs for the game, although at the time she didn't tell me where the designs originated from so I assumed they were for Learnloot specifically.</p>
<p>However, now, she wants them to be removed from Learnloot because they were her designs and not for Learnloot itself. However, I was never told this, and considering that they were given to me when we were designing Learnloot, I assumed they were for Learnloot, but she thinks I should've known to ask her instead of assuming.</p>
<p>She says that the similar case raised with a game that we both have played in the past known as Pokéfarm Q where the founder's wife created art for the game is not valid as PFQ is a company, not a non-profit (Learnloot is an educational soon-to-be-non-profit - but it's not legally incorporated yet, as it isn't ready to be released). Is this valid?</p>
<p>Note: This is occurring in the United States. We were working as a group and neither of us were being paid anything for it - it was just a project.</p>

<p>Unless the artist specifically gave you permission to use the art with the game, you may not do so. It would be up to you to prove the grant and its terms, so if it was not in writing you would have a hard tiem proving it if it came to a court case.</p>
<p>It does not matter whether the use is for profit or not, the creator or copyright holder has a right to grant or withhold permission to use her original art.  It it is questionable for what purpose you were given physical copies, you may not assume that this included permission to use the art.</p>
<p>You don't know what agreements others may have had about permission to use their art in a game, so looking to that kind of precedent is of little value.</p>
<p>The law is clear on this, the artist (creator, or author) has the rights until she transfers them, or until she cleanly grants permission (a license) to use the art. What you may have assumed she had in mind is of little value.</p>
<p>Unless you had a clear and preferably written agreement that the art was made part mof the project and you each had rights to it, or permission was granted in some other way. you may not assume that the art was begin contributed to the project.</p>
<p>If works (text, art, or any other kind of wok that may be protected by copyright) are in fact created jointly, the parties are co-authors and initial co-owners of the copyright. But that must involve actual joint effort on the work.</p>
<p>Se 17 USC 106 for the basic rights of copyright</p>
