Are all mods automatically a property of Relic and Sega?

If you buy, download use or play the Game, or create Mods for use in the Game, you are agreeing to adhere to the rules of Our (i) Mod Tools End User License Agreement, (ii) the End User License Agreement for Company of Heroes, and (iii) Our Privacy Policy (collectively, “CoH Rules”). By creating a mod for use in Company of Heroes 2, you agree to all parts of the CoH Rules. If you do not accept these terms, do not create a mod for use in the game.

LIMITATIONS ON USE AND DISTRIBUTION
Unless We specifically provide prior written authorization, you must not:

Give copies of the Game to anyone else.
Make commercial use of anything We have made.
Try to make money off of anything We have made.
Try to make money off of any Mods in the Game.
Use or allow others to use Mods separate from the Game or as a stand-alone product.
Sell, rent, lease, license, distribute, assign or otherwise transfer ownership of the Game or Mods.
Let other people get access to the Game, Mods or anything We have made (including the client or the server software in the Game) in a way that is illegal, unfair or unreasonable.
Create Mods for use with the Game if you have illegally obtained a copy of the Game or if you use a hacked version of the Game or server.
Reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivate works of the Game (except where permitted under this EULA).

Any Mods that you create for the Game belong to you, except to the extent that they are or contain derivative works (as such term is described under U.S. copyright law) of the Game or any other intellectual property of Relic or its affiliates or licensors (“Derivative Works”). All Derivative Works shall be exclusively owned by Relic, or its affiliates or licensors, and Relic, its affiliates and licensors may use any Derivative Works for any purpose whatsoever, including, but not limited to, for advertising and promoting the Game. You hereby grant Relic and its affiliates an irrevocable, sub-licensable, worldwide, perpetual license and right, but not the obligation, to use, reproduce, modify, adapt, display, distribute or otherwise exploit your Mod in any way Relic or its affiliates see fit.

Jump back to quoted post16 Feb 2018, 12:54 PMMajorBloodnok

This opinion is given to you as a friend, and not for reward. I am not taking responsibility if anything I write here is wrong.



http://modding.companyofheroes.com/legal:eula

The extract states that derivative works are as defined under US law. This is important, because the definition of derivative works seems to vary from country to country.

Therefore, this may assist you:

Explanation of derivative works in US law

MOD COMMUNITY
We all have songs whose remixes we prefer to the original. Similarly, great ideas – and games – are often borne out of an iterative process and of people building upon each other’s ideas. Therefore, We encourage you to think of the content you will be building as something that will not just belong to you (and Relic), but also to the overall community. If someone approaches you with a suggestion or a request for collaboration, We encourage you to consider sharing your own knowledge and files. We’d love to see Our modding community continue to strive towards furthering collective knowledge – something that everyone will benefit from!

The primary indication of whether a new program is a derivative work is whether the source code of the original program was used, modified, translated or otherwise changed in any way to create the new program. If not, then I would argue that there is not a derivative work.

Jump back to quoted post16 Feb 2018, 19:29 PMLugie

A derivative would be anything that changes the original product, or anything that is based on the original product, right? I would have to agree with the Major in his interpretation.

If this is true, then all mods would also be co-owned by the creator of the original work (Relic). Im not sure where Sega is in all this.

Jump back to quoted post17 Feb 2018, 08:37 AMDoggieBalloon

In that case, wouldn't this mean that all mods currently existing are NOT ALLOWED in the first place? Since according to this, every mod fits the description of a derivative work. Then in this case, no one is supposed (or allowed) to be making mods in the first place, and that those people who have already made mods are breaching the Terms and Conditions and are subject to lawsuits?

I really think this needs clarification.

Jump back to quoted post17 Feb 2018, 09:37 AMMajorBloodnok

Your extract in post #3 is the clarification.

In that case, wouldn't this mean that all mods currently existing are NOT ALLOWED in the first place? Since according to this, every mod fits the description of a derivative work. Then in this case, no one is supposed (or allowed) to be making mods in the first place, and that those people who have already made mods are breaching the Terms and Conditions and are subject to lawsuits?

What exactly defines a 'derivative work' in the context of modding? Am I correct to say that as long as I make a mod its a derivative work (whether it be non-fictional based or fictional based) ?

(sorry my English understanding is not that good)

Jump back to quoted post17 Feb 2018, 09:31 AMRagnarTheGamer

Yes, they own all mods in the workshop.