We hate to do this, because we want to share the love, but there are hooligans everywhere (not you, of course) that like to take what isn’t theirs… But more importantly, we want you, dear reader, to know exactly what can be done with the things we create, so you can live happily with the knowledge of where the line has been drawn in the sand.
In short: All of our work is indeed copyrighted, and we reserve all commercial rights to our works (artwork, games, the things we write, and all other copyrightable things). However, we want you to have fun with our stuff, to be able to post screenshots and mix-and-match your own creations, so what follows lays out how we’re managing our intellectual property (in plain (though perhaps poor) English).
Some of our things may be trademarked. Unfortunately, if you infringe our Trademarks we have to send Lawyer Goons after you, otherwise the gov’ment will decide that we don’t actually want that Trademark. So don’t make us do that – we love you and it would make us sad :(.
This doesn’t mean that you can’t use our trademarked words, phrases, logos, and so on — on the contrary! You can throw them around almost as much as you like. You just can’t use our trademarks to trick people into thinking that we endorse a product or some commercial venture of yours. When in doubt, just ask us!
As mentioned above, Butterscotch Shenanigans does retain all rights granted by U.S. copyright law to all copyrightable things we create. In particular, we are retaining all commercial rights to our work (with exception to Let’s Players explained below). This means you cannot use our work (images, games, articles, music) in any way that makes you money unless we give you permission. You can always contact us to inquire about licensing our images/content for your own commercial purposes (and depending on what you’re doing, that license agreement might not cost you a thing!). Anyway, copyright law is confusing and kind of a mess, so let’s break it down further.
In general, anything created by us you may not distribute, with the exception of things like screenshots and and gameplay video. You may redistribute promotional artwork for our games, so long as it is in the context of reviews and similar works, and so long as you do not imply that the works are yours.
If you have questions about all this, need to request permission for something, or want to negotiate some kind of licensing arrangement, just send us a message!
Derivative works are things where you take a work of ours (say, a picture of Flux or JuiceBox) and change it or work it into a new creative work. In addition, derivative works include things you make that are totally new but are heavily based on something of ours (say, an original webcomic featuring your own version of Hardik, or alternative stories that take place in the universe we’ve created). We totally encourage you to do this, and to distribute your creations as you please, with the conditions below (of course – getting tired of this?). Any conditions can be waived in specific circumstances with explicit, written consent by Butterscotch Shenanigans. Honestly, talking to us first is just the best way.
For anything you create and distribute that we could reasonably expect to compete with our commercial products (or 3rd party commercial products that have a license from us), you must work with us to arrange for an explicit license. We have no desire to saddle you with horrible licensing terms; so don’t be afraid. If the thing you want to make falls into this category, contact us and we’ll try to work out a fair deal.
For non-commercial derivative works that are unlikely to compete with our own commercial products, you are welcome to do as you please, with the following restrictions on your derivative works:
If you are unsure about something, send us a note! We don’t bite. If you want an exception or an official licensing agreement just ask and we’ll come to fair terms.
A general exception to the no-derivative-works-for-profit thing is for Let’s Players (LPers). We define an LPer as someone who takes audio and/or video recording of themselves and our games during active gameplay, with LPer-added audio-visual effects and distortion, where the game is the focal topic of the video. LPers should feel free to monetize their gameplay videos of our games, so long as those games have been published through official channels (currently iTunes, Google Play, Steam, GoG, or the Humble Store) or the LPer has received written consent from us. LPers may not in any way imply that their videos are products of, or officially endorsed by, Butterscotch Shenanigans.
Some of our creative works will be provided completely for free or with a free version. Such works include those that are supported by 3rd party advertisers. We absolutely do not guarantee anything about such free access. Users of free works will not be provided support from Butterscotch Shenanigans. Attempts to use non-free works or parts of our works without paying are considered to be fraud.
Dynamic works such as video games can create their own content as a consequence of interactions with the user, which includes the files that save player progress. We do not guarantee permanent access to nor usability of such content.
Any such actions described above in response to a reasonable belief that a user has pirated or hacked works by Butterscotch Shenanigans may be performed without any warning or the allowance of a second chance to that user.
And hey, we all make mistakes. If you have done something wrong and want to rectify the situation we’ll give you a fair hearing.