Copyright infringement

Quick question: I've never submitted anything before but I want to submit a wallpaper and bootskin. Both are based on the band Guns N' Roses, am I allowed (by stardock/wincustomize) to upload them? They are basically collages I did in photoshop but they contain some copyrighted images, I just want to know if this kind of stuff is okay to submit.
14,579 views 39 replies
Reply #1 Top
Hopefully this will answer your question.


COPYRIGHT AND TRADEMARK:
Images taken from other sources cannot be accepted without permission, including but not limited to pictures taken from movies, television shows, games, web sites, magazines, celebrity pictures. However, although they are theoreticaly also copyrighted, we will be lenient concerning corporate logos and OS ports, unless we are approached by the companies and asked to remove them. An exeption: sports logos. Sport organisation make money selling the right to use their logos and explicitly forbid the distribution of art containing their logo unless a licence is purchased.


Additionally, every time you post something on WC it is moderated, (unless you have the proper access to post without moderation, and few people have that right). See "About the Site" in the lower left of this screen. So, go ahead and post if you are not sure, and if it gets moderated, you may have to post again with modofied content. Also, if you are ever in need of assistance with questions about the site or its operations, you can always go to irc://irc.stardock.com to ask on the #wincustomize irc channel, or you can use the wincustomize browser you got with your subscription to access the channel there as well. Hope this helps.

Sembetu
Reply #3 Top
I don't see why the Guns and Roses bootskin can't be posted. Wouldn't that fall under fan art?
Reply #4 Top
How is fan art defined? Does it allow the use of copyrighted images without permission?
Reply #5 Top
Apparently so as there are many skins on WC using copyrighted images without permission.
Reply #6 Top
I've always wanted to know Why you can use copyrighted images in bootskin and not in wallpapers?. It's something thats always nagged me because I can use what ever i like to make a bootskin but not a wallpaper,every wallpaper i've submitted has been rejected but every bootskin has been execpted.Can someone please clarify this up for me,Many thanks in advance.
Reply #7 Top

I've always wanted to know Why you can use copyrighted images in bootskin and not in wallpapers?. It's something thats always nagged me because I can use what ever i like to make a bootskin but not a wallpaper,every wallpaper i've submitted has been rejected but every bootskin has been execpted.Can someone please clarify this up for me,Many thanks in advance.

Essentially...

Another person's image used as a wall is not yours to submit.

Taking it and resizing to a screen resolution is no kind of 'value-addition'.  It is the exact same image.

Bootskins are skins, albeit overly simplistic ones.  To create a boot there is actual 'creative' input though again, it's  about as simple and bland as you can get...being nothing more than a progress bar image and an ini text file.

These are still moderated for 'quality', and, when it is clear they use restricted images, or rather, the images used have restrictive copyrights, then they are rejected.

'Fair use' considerations [in the US copyright laws] [and just now in Australia, thanks to Bush and Howard and their free trade agreement - as we are now aligned with the US system] allows for such things as 'fan art' to ultimately muddy the waters of copyrights and image use.

What we ask for, in the case of Logons and boots is the posting of links to the image source so we [or anyone else who is curious] can verify whether that specific image source allows its re-use in a public way, or not.

'webshots' or whatever it's called does NOT allow re-use as public distribution in ANY form ....so all shown to be sourced from there will be removed.

There's a 'shit-load' of images on the net.

No-one is going to be able to verify them all....so the onus MUST be placed fairly and squarely on the uploader to verify HIS PERMISSION to do what he is doing.

When in doubt of an image's source/permission we can simply reject it.

If an image is shown to specifically contravene the copyright pertaining to the source of that image it WILL be removed.

The only issue with that is there can often be more than one source of the same image....and perhaps one with, and one without restrictions....and no idea as to whose is the original and who is in violation.

Because the waters are 'muddy' ...it's always going to be difficult.

If anyone has a 100% foolproof solution...we don't want to hear it...go become the next Pope instead, or cure Cancer....cos such fantastic acumen would otherwise be wasted.....

 

Reply #9 Top
Now you do realize Jafo that all of those wallpapers will now be turned inot bootskins and logons?
Reply #10 Top
Jafo:

So, that's the site you're looking at, all day long?
Chicks and chicks and chicks and...
Reply #11 Top
The only thing that would imply they are for personal use only is on home page
feel free to download any free desktop background to your computer.
Reply #12 Top

The only thing that would imply they are for personal use only is on home page

Problem with copyrights/permissions is all in the wording.

That wording implies, at best, but does NOT preclude...

Reply #13 Top
Thanks for the explaination, I'm Still not sure I understand but I can live with it,I'll just keep tring, and hope I can come up with a wallpaper that will be accepted.Keep on skinning
Reply #14 Top
I did not find anywhere on this site the words "do not distribute", with or without permissions. As I see it, with a disclaimer that the original wall was downloaded from this site, included in a .txt with the bootskin/logon, the no liable falls on the artist. However I am not a moderator, and it finally falls on them to make a decision best suited for WC.

Posted via WinCustomize Browser/Stardock Central
Reply #15 Top
It would seem to me that to “distribute” would mean to make money by using the art, pic Ect. Most Bands, Movie Studios and such probably don’t mind amateurs providing free publicity using images that have been put out in the public to promote a product. After all ……we are all amateurs here right? Does anyone make any money by submitting a bootskin, logon or wallpaper?
Reply #16 Top

did not find anywhere on this site the words "do not distribute", with or without permissions. As I see it, with a disclaimer that the original wall was downloaded from this site, included in a .txt with the bootskin/logon, the no liable falls on the artist. However I am not a moderator, and it finally falls on them to make a decision best suited for WC

Yes, until evidence to the contrary [alternative image source showing the former site is at fault] that would be acceptable ...and has been, since the onus of copyright infringement would fall on the source site, not the uploader here...

Reply #17 Top

It would seem to me that to “distribute” would mean to make money by using the art,

No.

I MUST stress here....making money means 'profit', not 'distribute'.

'Distribute' means 'pass around' or 'disperse' and has NO bearing on whether moneys are received or not.

'Do not distribute' in this sense means 'you can download to your computer but do NOT upload elsewhere'.  It also means 'do not make it accessible to file sharing'...

Reply #18 Top

"These free wallpapers are for personal use on computer screens only. They may not be redistributed, offered for sale, included on CDs, or used for printed material."

http://freewallpapers.to  'free wallpapers' terms of use....means none from there can be accepted.

Wincustomize.com anticipates content can be 'included on CDs' and 'offered for sale' [via those CDs].

Either way, 'not be redistributed' is the issue.....

Reply #19 Top
TERMS OF USE
These free wallpapers are for personal use on computer screens only. They may not be redistributed, offered for sale, included on CDs, or used for printed material.



HA! But, where does it say that the photos could NOT be altered? Would this then preclude new art? Thus being allowed for distribution?

Define "personal use"...or better yet, just the word "use".
Reply #20 Top
HA! But, where does it say that the photos could NOT be altered? Would this then preclude new art? Thus being allowed for distribution?


What if I take someone else's writings, text, HTML or graphic image and change it around to suit my needs? I own the "new" version, right? If you did any of that with the original owner's permission, and according to his/her terms and conditions than you own the "new" version. If not you may be committing copyright infringement and/or plagiarism.
Taken from http://www.whatiscopyright.org/

If there's any questions about Copyright and what it covers, I suggest a good read on this website. US Copyright Law explained by a licensed attorney with a specialization in financial tax law.

DD


Posted via WinCustomize Browser/Stardock Central
Reply #21 Top

Define "personal use"...or better yet, just the word "use".

"use" can mean wiping your bum with it...making paper aeroplanes out of it...whatever floats your boat.

"personal use" means only your OWN bum.  You cannot give it to other people to wipe theirs.

Even if it gives you free rights to ALTER, through annotation or omission, the "personal use" still precludes public distribution.

Reply #22 Top
"personal use" means only your OWN bum. You cannot give it to other people to wipe theirs.


Reply #23 Top
Now, that makes it clear as mud! I think I'm going to file for a copyrite on "public domain" and make a fortune!
Reply #24 Top
Define "personal use"...or better yet, just the word "use".

"use" can mean wiping your bum with it...making paper aeroplanes out of it...whatever floats your boat.

"personal use" means only your OWN bum. You cannot give it to other people to wipe theirs.


Ok Jafo, Jafo, Jafo...you really cracked me up with that one
It's the funniest thing I've seen on this site in ages...probably ever, and definitely the best belly laugh I've had in weeks, with some recent trials and tribulations. Would send ya a medal but Thunderbird won't let me attach it so this'll have to do

BTW Got a Question! Hypothetically, you're a member of a nudist camp...wipe yer bum with a copyrighted image and it rubs off...you later sit on a chair that retains/reproduces the image imprinted on yer bum...somebody likes what they see & runs off a few xerox's....are you then guilty of or contributing to copyright infringement?

Just a thought....before taking my meds
Reply #25 Top
Another thought..after taking my meds

Although the nick masy imply it...NO, I'm not a member of a nudist camp, and the hypothetical was not so I could cover my own arse