For example: if I take the 3d models and textures from GTA: San Andreas and I modify them making better models and textures, can i use this new art to make a game with a different gameplay and sell it without infringing the game's copyright?
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No, you can't. That's copyrighted material, and you risk being sued for copyright infringement. What makes you think it would be legal? – Vaillancourt Jul 01 '16 at 23:16
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Short answer: don't! It's not worth the risk. Long answer would belong on https://law.stackexchange.com – Philipp Jul 02 '16 at 00:22
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You cannot use other game art even if it's not published in any way, shape, or form.
Any intention to do so would break a copyright law.
Eric
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You cannot use someone else's work whether or not it's been published unless you have permission. – Sean Middleditch Jul 02 '16 at 00:53