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There's
been some question as to the legal legitimacy of The Last Alliance
in the past. This disclaimer will point out how TLA is protected
by the United States Copyright Law and why, therefore, it has solid
legal ground.
Some things
to know about TLA:
- Dedicated
to J.R.R. Tolkien, the research of his literary works, the commentary
and criticism thereof, and for the education of others based on
these principles.
- Completely
Non-profit
- Completely
Free of money for that matter
- All artwork
is originally made, no artwork is scanned or photographed, or
copied directly from another source. If something is similar to
a copyrighted work, it is out of necessity and for the goals outlined
later in this disclaimer.
- We view the
game itself as a means to an end, that is simply a medium through
which we can better communicate our goals and purpose to the Tolkien
Fan Community.
- The team
holds commercial, officially endorsed video and computer games
based on Tolkien's works in high esteem and will always regard
them as superior to its own work.
- The Last
Alliance is not made for a commercial market, but rather the Tolkien
Fan Community as a community of devotees and scholars. Therefore
we will not endeavor in any way to enter the commercial market,
be it through commercial gaming magazines, commercial gaming websites,
or any similar medium. If TLA somehow does enter this market in
the ways prescribed above, it would be the fault of the second
party, not TLA.
Here's the Fair
Use clause of the US Copyright Law, Article 1, Section 107.
Sec. 107.
- Limitations on exclusive rights: Fair use
Notwithstanding
the provisions of sections 106 and 106A, the fair use of a copyrighted
work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether the
use made of a work in any particular case is a fair use the factors
to be considered shall include -
(1) the purpose
and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value
of the copyrighted work. The fact that a work is unpublished shall
not itself bar a finding of fair use if such finding is made upon
consideration of all the above factors.
Thus the US
Copyright Law protects The Last Alliance as such: (refer back to
numbered criteria above)
(1) TLA is not
in any way commericial, and is indubitably a nonprofit, educational
project.
(2) Tolkien's Work is immensely vast and deep; therefore, it requires
much research and is deserving of dedicated scholarship and it is
necessary to educate willing fans based on this research to allow
the works of Tolkien to be better appreciated.
(3) TLA uses all original artwork, music, essays, movies, etc, etc.
But in order to research Tolkien's work to its fullest extent, and
to then educate about it, it is necessary to use as much of the
copyrighted works as possible, logically.
(4) TLA is not part of the commercial market. We have no intention
of marketing this game commercially, of publishing this game commercially,
or anything of that nature. The project is much more than a game
- it is a community of Tolkien fans who are so interested in his
works that they have decided to share their interest with other
fans through the medium of the real-time strategy computer game.
TLA in no way aims to affect the commercial gaming market. In fact,
The Last Alliance strongly endorses commercial Tolkien games, which
our fans discuss and promote daily in the community forums.
Thus TLA is
protected under the fair use clause of the US Copyright Law, simply
because of the nature of the project. This excerpt from section
107 above in particular is of note:
...the fair
use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright.
Because The
Last Alliance is primarily a project of criticism, comment, news
reporting, teaching, scholarship, and research, it is not an infringement
of copyright, and therefore is legally legitimate.
-The TLA Staff
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