Permissions...and what is ideally needed

Wednesday, April 16, 2008 by Jafo | Discussion: Permissions

Today I rejected an upload for the third [I think] time....[at least twice, anyway].

Reason was....the permission.txt [actually a jpg] was about as clear as mud.

I don't mean pixellated....I mean vague.

 

"Can I use this?"  "Yes". - doesn't quite cut it.

"I am making a skin...can I use this?"  "Yes". - still doesn't cut it.

"I wish to use your wall X in a logon...may I?"  "Yes, I give you 100% permission to use my wall, or any of my walls."  - STILL does not suffice.

"I wish to use your wall X in a logon to be uploaded and redistributed to the public....may I?"  "Yes, you may."   - NOW YOU GOT IT!!!

 

The whole idea of obtaining permissions is about what YOUR intended use is.  Artists' copyright is about who owns the object/content/artwork AND its rights of distribution.

That is why you ask the owner [artist] but you ALSO explain the intended use, ESPECIALLY 'public redistribution'.

The latter is important because the artist is then relinquishing [partial] distribution rights to another party [you], and needs to be seen to be aware that that is the case.

 

In this 'permission.txt' what is also needed is appropriate email headers/contact details of BOTH parties....not just the artist, but also yourself...so it is clear the agreement was between the correct two people...and can always then be verified by a third party if needed.

It's not really complicated...just correct/clear request and affirmative response, that's all.

When people upload/submit works to Wincustomize [and other public sites] it is expected that appropriate permissions are in place where needed.  It is far easier for each individual uploader to handle approval chasing etc. prior to upload than for a moderator to chase them up yet again after the fact.

 

One final note....if you seek but do not receive permission reply....then you didn't get it...so you cannot distribute, at all.

Everyone has works in dusty corners like that.  One of mine's been there about 4 or 5 years....

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Fuzzy Logic
Reply #21 Wednesday, April 23, 2008 2:53 AM
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.
frankell
Reply #22 Wednesday, April 23, 2008 6:26 AM
For avatars, unless it's someone's specific artwork,


...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!!


Bushman
Reply #23 Wednesday, April 23, 2008 7:33 AM
Yeah Bushman, heres the one I put up and now your the 3rd.


Thanks WOM   
Fuzzy Logic
Reply #24 Wednesday, April 23, 2008 1:14 PM
in the case of a skin reworking are the copyright rules still working


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...

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