Permissions...and what is ideally needed

Thanks Jafo,
I had a few logons that at one time I wanted to upload but didn't know how to go about asking for pernission. If I had known that, I might have been a brave gal and had an uploaded skin, it's a moot issue now though, as I have lost them to a bad crash on my desktop(which I still can't figure out how to fix)

you know... this might should be a sticky

This isn't the first time Jafo has posted this. ;) 

I must've missed the first time. sorry

It is...;)

And probably will not be the last time :p ;p



Until the next forum revamp and all stickies become unstuck. :p ;p :LOL:

It's simple.....[include the email headers, obviously]....

[email protected]

"Fred...can I use your wall in a logon to redistribute publicly?"

John

[email protected]

"Yes, John, you can."

Fred

********************************

It doesn't get any simpler, really it doesn't...;)

idiotuploader.com........ :LOL:  :LOL: 

Hi Jafo
a simple question: how long will be last the copyright + the right I mean there is an expiring time (3 >30 years)?
BTW we are always talking about "not commercial" ones\use !
thanks !

No, there's no difference between a commercial interest...eg selling another's work as your own, or distributing it as your own.....other than with the former there's a case for remuneration/compensation for lost commercial asset.   In other words the 'ripper' can be sued for potential profit losses.

Expiration is something under review....as it's always the case that commercial interests will want to sway or alter laws to favor themselves [money talks].   I don't quite see how one's personal property can be time-limited at all.  It's a bit like owning a car only to have someone X years later knock on your door and say 'oh, time's up...give me the keys...it's mine now'.

However....Lawyers who have never achieved anything tangible in their entire lifetimes will determine how long you get to keep what is yours, before they too can take ownership of it.  Bit self-serving, really....;)

A copyright here in the US is death + 70 years if I remember right.

Hi Jafo
I heard about "Fan Art"... is it a kind of exception of the copyright rules ?
+ Is it possible to precise when an image reworking could be considered Fan Art ?
thanks again !

It's not an 'exception' but an 'extension', originating in US Law/interpretation and subsequently adopted elsewhere through International Trade agreements [eg. Australia now is in synch with the US re fair use and fan art].

The one issue with such is the determination of what constitutes fan-art is a little vague and open to interpretation, because of the inclusion of 'fair use'.  In theory it can be 'fair' to take images from a source, Movie, say, add a bit and declare it's Fan Art...yet the Movie has strict copyright control....as its original medium.

Generally submissions here are treated on an individual basis, as one may borrow a little too much more than another...;)

Last I remember, Fan art is art that is made to resemble or emulate popular figures etc, but is not made using any images owned by the Copyright holder.. It does not circumvent rights of the entity that holds the copyright. Disney for example have often pulled Fan sites for copyright infringement, they have the right to refuse any and all distribution of any items made to emulate Disney related items such as drawings,sketches, scans,Etc, of Micky, the Disney castle, or any other copyrighted materials they hold.

Tho many Institutions allow Fan art, it is still within the copyright holders legailty to request they be removed if they deem so, refusal to follow the request, would entail many lawyers at your door.., even Implied permissions by "non inforcement" can be revoked at any given time.




As Jafo stated earlier permissions need to be clear and complete as to the asking of use and redistribution intentions. Any works with unclear permissions should and will be rejected until clear and proper permissions are obtained.

Making sure proper permissions are obtained protects every one involved. The artist rights are preserved, the Porter ( person who uses anothers work to build a new skin etc) is protected as if at any time the Original Author revokes permission.  The Porter will be in a postion to defend himself if the O.A. Claims he never offered permission. (it has happened before).

another "idiotuploader" but not stupid question   
if I decide to upload the same skin (I am the author) on another gallery site should I ask permission to the site where I uploaded in the first time\ make the skin different\ change the name ?
thanks again + again

No.  There's no need.  You own the rights to the work's distribution so can decide where you wish to place it, or not.

The only time this can become an issue is if you enter an agreement with one site to have exclusive rights to your work.  What that means is you are rescinding in part the rights to your work in favor of a particular upload location [site], but deciding such is within your control and no other's...;)

This is all about to change if our government has it's way check this out http://www.sellyourtvconceptnow.com/orphan.html.  

Yeah Bushman, heres the one I put up and now your the 3rd.

https://forums.wincustomize.com/308056

 :LOL: 

   ...and what about the personal avatar image ?
There is any rule in using images or in some cases it's needed a permission ?
Thanks !!

I think that would fall under the 'personal use' rule

For avatars, unless it's someone's specific artwork, it will fall under fair use. For one thing the images are resized into something which is unusable as anything else, and secondly the images are usually widely available.

...in the case of a skin reworking are the copyright rules still working ?
(we are always talking about personal avatars I mean the one is on the left of this post)
thanks!!

Thanks WOM  :CONGRAT: 

Yes. If Fred made a Spiderman logo in Photoshop and used it as an avatar, Joe could not use it as an avatar, modified or otherwise, without Fred's permission.

Publically available images are a different matter. For example, I couldn't upload a 1280x1024 photo of Spock as a wallpaper because of copyright (even though you find them all over the internet). But an image resized down to 50x50 can hardly be used for anything, so comes under fair use. The same applies to a lot of bootskins. The image is so degraded it's doubtful anyone would object to an image being used.

However, if the copyright holder asked for such an image to be removed, we would have to comply...