It would be pretty greedy though, especially since the guy who created Nyan Cat didn't even make the song, he just ripped it from Nico Nico Douga. It is a Miku song after all.
Nico Nico Douga is a Japanese video site, like a Youtube analogue, according to Wikipedia. And Miku is something japanese, there's several possibilities as to what it is, but Wikipedia isn't being too specific there.
Man, you have to look it up... Miku Hatsune is a vocaloid, a "program" that creates a synthetic voice usually used for singing. She's done countless songs and has even had her own concert... of course she was a hologram on stage because she isn't actually real. There are tons of other vocaloids too. Just go to youtube, Miku songs are everywhere if you search for them.
I think this would make a cool easter egg to be added after the game finishes. You are warping through space and suddenly see nyan cat fly by. It would have to be super rare though
It's so fucking weird how memes can be copyrighted. The Internet is what makes a meme popular, not the creator. Copyrighting a meme is completely counter to what a meme is: a meme is something that is shared between users to the point of being a part of the Internet culture. That's like copyrighting Christmas, for the sole reason that you want people to buy their Santa hats and decorations at YOUR place, and no other place. Wtf.
You are obviously right in regards to how memes function. The thing where you make a mistake is making meme and the object it is a meme of the same thing. I believe what is copyrighted is the Nyancat itself, not the meme that the cat has become - if it'd be the latter, all kinds of people would possibly get sued, not just those who use the cat itself without permission to profit from it.
Well no, you obviously can't sue all of those people, and copyright extends to fair use. You can wear a shirt with the pepsi logo right? Or even write the word Pepsi, but you can't brand your pop Pepsi, or use it as a part of your product (such as selling an alcoholic drink which is pepsi+whiskey mixed together without their consent.) The difference between a soft drink and memes however, is that Pepsi was created for consumption, and made popular through advertising funded by the company, and the actual composition itself. Nyancat was made popular by mass sharing across the internet, and that's where I think it is weird that memes can be made copyrighted.
There's just so many horrible things wrong with copyright and patenting in general, that I'm on the side that says we need to rethink the whole system. Of course, what would be a superior system of information protection than what we have? What we have is complete shit, but is it the least shitty piece of shit that we can come up with? « That was a pretty shitty statement.
And that's why I try to explain that Nyancat meme isn't copyrighted, it's the use of the Nyancat itself for stuff that may bring in money. You can still find pictures, mentions etc of the thing on the internet, and you'll be fine. Youtube videos, games and other such products though may go down as their makers/owners/submitters may expect profits from them.
Yeah but...showing up as something you are allowed to draw in a game isn't really...making a profit on Nyancat. It's more an easter egg, rather than a game that is sold by saying "Oh yeah! It has Nyancat in it!". It's one thing to blatantly abuse a copyright, another to just want to allow people to draw Nyancat on scribblenauts.
You're right, it was just a gimmick, but from the legal point of view it's still copyright infraction. It's up to the rights holder to report it as such or let it slide. Most often people do the latter, but those more greedy or paranoid ones may also feel need to start a lawsuit. Especially the latter, in whose case allowing others to use their product without need to acquire proper rights may endanger said product creators copyrights as well. A bit of too much of a mess over too little of a thing, but what can you do. Though if it means that Nyancat won't be in Starbound, I don't mind this particular case that much.
Alright, since I feel quite understanding (also, need to kill some time), explanation just for you! Copyright is a set of exclusive rights regarding the use of particular intellectual property. Extended to rights of being credited, and having a say in who may get cash from it, who may produce/perform the thing etc. Infringed upon if some other party uses copyrighted product for it's own gain, as in mentioned example of Warner Brothers case, which complaint presented with "WB, along with game developer 5th, have knowingly and intentionally infringed plaintiffs’ copyrights and trademarks by using ‘Nyan Cat’ and Fatso’s image in WB’s top selling ‘Scribblenauts’ games" while other, more or less fameous renditions of Nyancat existing in the media and memes, images and so on functioning in said media were not prosecuted by Nyancat creators (WB never used the whole meme as well, though in this case it wouldn't matter if they would). Thus, my mention of a distinction between a meme and Nyancat - no one ever was sued for a meme, but for using a character, which, on note unrelated, gave rise to a meme. For the very same reason, there are no lawsuits (of which I know, feel free to give me examples to the contrary if you believe I am mistaken) for creating memes of other things protected the law - at least as long as they don't serve to besmirch the name or reputation of whatever they portray or any other goal that is against the law (propaganda advocating murder and rape, for example, would qualify for the court). In light of this, feel free to say what you base your statement on, i.e. what made you assume I do not know what copyright means. If you misunderstood any of my sentences, I'll be glad to clarify them just for you. Or, if I am wrong, I'll be gladly corrected by your clarification. Otherwise, no matter how sure you may be, I'll have to assume you're also mistaken.
Copywrited. Scribblenauts was sued by the owner of not one but TWO memes. Including Le poptart cat. And something like this has been discussed and do not wish to go further into the subject. GOOD DAY SIR!
Sorry for double post.. but making something with no benefit to the owners of the mod buying it is fine. If you had to buy the Nyan Gun mod then yes it would have a lawsuit. Had to clear that up.