ModHQ respects the intellectual property rights of others. If you believe copyrighted content you own has been posted on ModHQ without authorization, please review this policy and submit a notification as described below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Derivative Works and Copyright in Video Game Modifications
Video game modifications hosted on this site are, in most cases, derivative works under U.S. copyright law. Under 17 U.S.C. §103(a), copyright protection for a derivative work “does not extend to any part of the work in which such material has been used unlawfully.” If a modification was created without authorization from the holder of the underlying intellectual property, or if the applicable license or end-user agreement reserves all rights in derivative works to the original rights holder, the modifier holds no enforceable copyright in the resulting work. This is true regardless of the creative effort involved and applies to both the derivative elements and any original contributions within them. See Anderson v. Stallone, No. 87-0592 (C.D. Cal. 1989); 1 M. Nimmer on Copyright, §3.06.
One exception: works consisting entirely of independent, original expression may carry their own copyright, provided they do not depict, reference, or derive from any copyrighted expression not owned by their author — including assets, characters, settings, narrative, dialogue, visual designs, or other protected elements.
Ownership Verification for Modification Takedowns
Because most video game modifications are unauthorized derivative works in which no copyright subsists under §103(a), a mod author who does not own the underlying intellectual property, and who has not been authorized by that owner, cannot truthfully make the representations required by §512(c)(3)(A)(i) and (vi). When we receive a takedown notification for a modification, we will evaluate whether the complaining party holds or represents the holder of a valid exclusive right.
We may ask claimants to substantiate their claim with one or more of the following:
Evidence that the claimant owns the underlying intellectual property from which the modification derives;
Evidence of authorization from the intellectual property owner to act on their behalf;
Documentation showing that the work in question is independently copyrightable expression not derived from any copyrighted expression not owned by the claimant.
We make this request under §512(c)(3)(B)(ii), which provides that where a notification fails to comply substantially with all provisions of §512(c)(3)(A) but does substantially comply with clauses (ii), (iii), and (iv) — that is, the claimant has at least identified the copyrighted work, identified the allegedly infringing material, and provided contact information — the service provider shall take reasonable steps to assist in the receipt of a compliant notification.
Notifications that do not substantially comply with §512(c)(3)(A) are not considered in determining knowledge of infringing activity, per §512(c)(3)(B)(i).