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As GSC grows and in order to set an understandable legal landscape for future releases, such as S.T.A.L.K.E.R. 2: Heart of Chornobyl, on this page, you will find an overview in a simplified manner of the guidelines to be used for Fan Created Content based on our games. Following these guidelines will most likely ensure you are on the legal side of things. In case you have additional questions, please contact our community department at [email protected], or in case you are sure the issue is of a legal nature our awesome legal team via [email protected]. Don't be afraid to ask for help while in the Zone, after all, even a real stalker may need help from time to time.
1. WHAT ARE THE TYPES OF CONTENT FANS MAY CREATE?
In case you strictly follow these guidelines, you may create almost anything of your imagination. Some of the examples:
- Fan Created Content: Create fan content with characters, monsters and locations from our games. Make pictures, screenshots, and art for sharing and posting on social media.
- Gameplay Content: Showcase your gaming skills by creating videos or streaming your gameplay in real time on websites such as YouTube , Twitch and other streaming platforms. Please adhere to the rules of such platforms.
- Cosplay: use characters, monsters of our games to create cosplay costumes or items and use them for cosplay in public.
- Community Building: Establish fan pages or websites dedicated to covering news and updates regarding our games. Your enthusiasm contributes to a thriving community.
- Modifications and Extra Software Development: Feel free to create mods and extra software for GSC Game World's games to boost your gameplay in unique ways! You can even try to modify the game engine, unless the engine itself restricts such behavior. Just make sure it is all about enhancing the experience, not spoiling the experience of others (yeah, this means not for any kind of cheating).
This is not a full list of ideas that you could create with your imagination and our games. Do not restrict your imagination, but do not forget to pay attention to the rules while letting your creative genius fly.
2. THE MOST CRUCIAL PART
Creating fan art is fun, but, hey, be mindful of some super important ground rules. To keep things smooth and ensure the company gives a thumbs up to your awesome fan content (instead of disputing it), be aware of some key principles:
- Do not use your fan content for commercial purposes. You are expressly prohibited from exploiting our games for any commercial purpose, unless explicitly permitted otherwise in these guidelines or in the respective game’s EULA. We understand that you may get some donations from other fans like you, but as the general rule, do not hide your content behind the paywall. We reserve the right to take appropriate actions against users found actively and consistently monetizing content derived from our games.
- Do not use or allow using your fan content in third party games/products. You are expressly prohibited from exploiting fan content created by you in any other games or products unless explicitly permitted otherwise in these guidelines or in the respective game’s EULA.
- Do not claim that your fan content is somehow official. If you ever find yourself in a situation where you need to clarify it, be sure to note that your content is not official. In order to do so, you may label/accompany it with a clearly visible wording indicating this. In case we decide to endorse (for example on our website or social media) we will let you know.
- Do not create offensive content. Do not create, do or say anything regarding our games that is racist, xenophobic, sexist, defamatory, illegal or offensive, or anything that may potentially harm GSC Game World, its games, users or staff. In case you are willing to create a crossover fan art (involving something from our games with intellectual property of third parties), make sure you have the right to use the third-party intellectual property for such purposes.
- You should follow the legal requirements. These guidelines are written to make your life easier and spare you from boring lawyer language. Following the guidelines will most likely serve you well, and you will not have additional problems, however, the actual legal text of End User License Agreements (EULAs) has full force. Rights described in these guidelines are revocable at the sole discretion of GSC. These guidelines are an integral part of our EULAs, specifically regarding the ownership of the fan content created by you. In case anything in here contradicts the game’s respective EULA, you should follow the EULA.
3. SOME RULES TO FOLLOW REGARDING SPECIFIC TYPES OF FAN CREATED CONTENT
Here are some exceptions to the guidelines above with additional specifications:
- You are free to make playthroughs, walkthroughs, Let’s Play videos, guides to accomplish achievements where applicable, reviews (hopefully positive, but constructive critique is also welcome), etc. You may stream all of that in real time if you wish so. Just remember, platform that allow you do so also have their own rules – please, follow them.
- Things mentioned above may generate you some income by utilizing the partner programs on such services, we are generally fine with that, however, as mentioned above, you are not allowed to make it pay per view or restrict access to such content by some sort of paywall.
- Do not use our games as a background in your videos, unless the video is directly connected to such a game or specific game topic. In case you are thinking of using our games in a different way, you may inquire about such usage via [email protected]
- GSC Game World does not have full copyright rights regarding some of the compositions used in our games. This means that in such cases, you may need an express permission from the copyright owner (or even owners) to use such music in your fan content.
- In case you are planning to stream or make playthroughs of our games (S.T.A.L.K.E.R. 2 specifically) you have an option to turn off the in-game music that we do not own. If you intend to create fan content, especially streaming or playthroughs, consider flipping the switch to turn off the non-GSC-owned music in-game. It should save you from any pesky copyright claims that we are unable to control.
- When it comes to music fully owned by us, you may use it in connection to our games, but not for other purposes such as background, videos regarding third-party products that are totally unrelated to our games. In any case be sure to credit the composition you are using in the description. You may record videos of your performance (covers) of such music stipulating the original copyright, and even monetizing such covers as described in the Videos and streams section above. However, no commercial use is allowed. We explicitly prohibit creating remixes of our compositions.
- Creating Mods. You may create mods for our games (i.e., software that makes changes to our games or works with them – e.g., adds new mechanics, changes UI, gameplay features), however, be careful not to breach the respective EULA, specifically regarding cheating, viruses or other illegal activities. You are not allowed to use different game engines when creating modifications (e.g. remakes). Porting of the games to any other game engines and/or platforms is prohibited. Mods must require the original game in order to be playable, otherwise it should be considered as a separate game (standalone) and thus additional restrictions apply as described in the Games and Mobile Apps part below.
In case you are unsure if you are allowed to create something Mod like, please clarify beforehand with us via [email protected], specifically if it involves third-party intellectual property rights.
GSC is aware of existence of several Mods that do not require an original game to operate. We are grateful to the community that was creating those Mods, and we do not want your work to be outlawed and wasted. Having this in mind, we decided to grant a rectification period that shall take place starting from June 25, 2024 and ending on October 25, 2024.
For the avoidance of doubt, this rectification period is only for mods that do not require the original game to function, making them standalone. Mods that run exclusively through the original game client do not need to be whitelisted.
From June 25, 2024, to October 25, 2024, you must add the following functionality to your standalone mod for it to be whitelisted:
1. The mod must adhere to GSC’s Fan Content Creation Guidelines. This includes, but is not limited to, not being used for commercial purposes, not being created on a game engine other than X-ray (modified X-ray is generally acceptable), containing no prohibited materials, and not violating the rights of third parties.
2. The mod must contain a clear statement indicating that it is a derivative work from the S.T.A.L.K.E.R. games developed and owned by GSC Game World, while also asserting that it has no direct affiliation with GSC and is fan-made. For example, this statement could be displayed on loading or starting screens: “MOD NAME is a fan-created modification for S.T.A.L.K.E.R. games, developed and wholly owned by GSC Game World. MOD NAME is not an official product of GSC Game World and is a derivative work based on their S.T.A.L.K.E.R. games.”
3. The mod must include a menu section with links allowing users to purchase the original games. These links are as follows:
Steam:
https://store.steampowered.com/franchise/stalker
GOG:
https://www.gog.com/en/game/stalker_shadow_of_chernobyl
https://www.gog.com/en/game/stalker_clear_sky
https://www.gog.com/en/game/stalker_call_of_pripyat
PlayStation Store:
https://store.playstation.com/en-cz/product/EB0236-CUSA43978_00-0550328121149114
Xbox Store:
https://www.xbox.com/en-US/games/store/stalker-legends-of-the-zone-trilogy/9N4GFFDG41JR
Such links must be clearly visible and easily accessible.
The mods that meet the above mentioned criteria during the rectification period shall be considered automatically whitelisted. Additionally we might create a list of GSC approved mods that we will feature via our social media.
We reserve the right to modify the rules and procedures at any time by posting updated rules. Additionally, we want to emphasize that being whitelisted does not grant immunity from action in the present or future. While whitelisted mods will not be targeted at this time, we retain the right to prohibit distribution in the future. However, in case your mod was whitelisted, we might inform you about the changes beforehand, given we know how to contact you.
- Websites. We are generally fine with you running a community fan content websites, as mentioned above, however we prohibit using our trademarks, game or company names or anything similar in a way that may cause a person to think that you are anyhow affiliated with us. We strongly recommend connecting with us before creating a website via [email protected] and asking our community department about all specific moments.
- Games and Mobile Apps. You are explicitly prohibited from creating any games for any platforms existing currently or available in the future based on our games, universes or any part of the intellectual property without our prior written consent.
4. OWNERSHIP OF THE FAN CONTENT
You are the creative force behind your fan content, and we respect that. You are the author of the fan content you have created. However, your fan content is obviously inspired (derivative) by the content we own. In this regard, we want to reserve some rights for your content. You hereby grant us from the moment of creation of your fan content a non-exclusive, worldwide, permanent, irrevocable, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, exploit, commercially exploit, transmit, perform and communicate such fan content in connection with our games. In specific cases, where we believe that the fan content is outstanding, we reserve the right to provide you with recognition or even a fee.
Any content from our games (e.g., characters, locations, universe, gameplay and appearance) shall at all times be owned by us.
We reserve the right to remove and prohibit publishing, distribution or sharing of your fan content at our sole discretion. This might occur in case you create the prohibited content, content that may harm GSC Game World, its reputation, games, users or staff, or directly contradicts these guidelines, EULA or other binding documents.
5. FOR THOSE OF YOU WHO HAVE NOT FOUND YOUR ANSWERS IN THESE GUIDELINES
If you have read until this part, then you probably want to do something prohibited or not specifically mentioned by these guidelines. On a general note, you really should not, but everything has exceptions. Contact our legal team via [email protected] and have a chat before you engage in such activity (we really do not want to waste hours of your creativity). There is a great chance something can be done about your situation. Response may take some time, but remember – not receiving any answer does not entitle you to do the thing you have in mind. Lawyers are busy and lazy at the same time, but they do care about the games and community, give them time ;)
6. CHANGES
We reserve the right to update and change our guidelines from time to time as appropriate. We will try to inform you about the changes in some form like email, in game notification of some sort or something similar. However, you should check the guidelines from time to time on your own. The updated version will become legally binding from the date mentioned at the top of this page.
7. IN DOUBT? CONTACT US
In case you have additional questions about the updates, or about these guidelines in general, contact our community management team via [email protected] or our legal team via [email protected].