What Are You Working On (Part III)
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Tuesday, June 8, 2010 by theAVMAN | Discussion: OS Customization
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Reply #382 Sunday, December 12, 2010 7:28 PM
I would still make sure first what with all this to do about copyright issues. Some greedy lawyer might get it in his or her bonnet to sue you for a couple of million dollars for liking the character.
Reply #383 Sunday, December 12, 2010 7:58 PM
True dat! 
In hindsight, they'd probably be more likely to sue SD over the resulting sales of products (WB, OD, etc.) involving their image(s), especially if it turned out to be REALLY popular (which knowing Cyndie's work, it most definately would be!) 
Reply #384 Sunday, December 12, 2010 7:59 PM
Applying logic, I couldn't foresee anyone crying copyright infringement on this unless they were from planet Mars (like Marvin) Everyone in the civilized world should know the original image is the intellectual property of Warner Bros. and she's simply a fan who's promoting the character without any resulting personal gain. I did a Batman theme a few years back (with a full disclaimer in the description) and haven't heard a thing from WB or their legal team. Just my 2 pennies.
Nav... I'm not an authority on this kind of thing...just didn't want Xiandi to put a lot of work into a project and get frustrated...Jafo's the brains of the outfit and really understands that stuff having been involved in skinning as long as he has been. I'm not saying there is or isn't a problem...only to check it out before investing a lot of hard work in it.
Reply #385 Sunday, December 12, 2010 8:13 PM
I gotcha, Doc and no offense intended, my friend...I want exactly the same thing. Just my humble observation. 
Reply #387 Sunday, December 12, 2010 10:29 PM
Marvin as a home-grown graphic work is defensible as 'Fan Art' but Warner owns the "Image" [character] as such so commercial use/distribution will be dependent on permission/s from Warner Bros.
The 'ideal' way to handle your wish to make use of the character [self-drawn or not] is to seek consent for its use, explaining the specifics of intended distribution [and/or sale].
Commercial use isn't necessarily impossible to achieve... it's all about appropriate approaches and consent....
Re potential issue with Stardock's Windowblinds that will ONLY be an issue for the skinner, unless Stardock were to include the 'Marvin' WB within the Windowblinds product distribution itself.
Wincustomize.com [and the other skinning sites] make a point of requiring appropriate consents be in place to absolve them [the sites] from potential issues of distribution.
Arguably there are three levels of use/distribution/consent/copyright.
1. For your own use only [NO distribution at all] - anything goes.
2. Fair use [Public distribution] - if it's your own graphics - making reference to the original as Copyrighted to whom-ever.
3. Formally consented Use - distribution [commercial or otherwise] as agreed by Copyright owner.
ANYTHING distributed for commercial gain, whether in #2 or #3 can expose the artist to legal action so the bottom line is.... if ya gonna sell it...make darn sure you ask first....
Reply #388 Sunday, December 12, 2010 10:35 PM
So, if I did what you say in #2, I should be fine? I don't have to get formal permission?
I have no plans to sell it, and I made the image myself. (I'm thinking that getting formal permission would be a chore, and if I need to do that, I'll just not go further with it)
Reply #389 Sunday, December 12, 2010 10:41 PM
Technically, no, no permission.
Fan Art is just 'one of those things' that dilutes copyright, and its use [and defense of same] is particularly rife on the Net.
Even so it is still possible that a copyright holder may contest its use and request its removal. It does happen.... and has on more than one occasion here on Wincustomize...
Reply #390 Sunday, December 12, 2010 10:51 PM
well, I'll look into the formal permission first, I guess. Ya never know, I may get lucky. Now....where to start looking for the correct person to ask......
Reply #391 Monday, December 13, 2010 12:41 AM
Nice artwork Xiandi! But is that Aero you're using?! 
Reply #392 Monday, December 13, 2010 12:47 AM
Reply #393 Monday, December 13, 2010 1:15 AM
Me too!
Reply #394 Monday, December 13, 2010 11:59 AM
Something I've been kicking around in SkinStudio........ Storm2
Reply #395 Monday, December 13, 2010 12:10 PM
Lovely BoXXi. Brushed metal. Compatibility factor 9.5. And beautiful peacock blue.
Reply #396 Monday, December 13, 2010 12:55 PM
But is that Aero you're using?! sorta, lol. It's a skin that is partially done. I was testing for someone.
I wish you luck Xiandi. I had made a nice wall using a Disney character here on WC and they deleted it completely, not even on my pages only.
Reply #397 Monday, December 13, 2010 1:12 PM
Don't tell theA/Vman or RnD or philly0381 or WebGizmos. They're all out there waiting to jump all over the next hit coming down the pike. Gadgets and widgets and (TM) Suites and DX Themes and Rainies and SMX's and IP's and..........................
Reply #398 Monday, December 13, 2010 1:31 PM
BoXXi, I see you try to show us some sneak. Those other WBs are...getting our attention. 
Reply #399 Monday, December 13, 2010 1:48 PM
Everytime I read storm just about I am reminded of the last 2 lines of the original Terminator. The kid says "There is a storm coming" Linda Hamilton ever so cool slides on her shades and says "I know ! "
Hey Brian looks like my kind of storm!! 
Reply #400 Monday, December 13, 2010 2:05 PM
Yeah Bryan, very sharp! 
Harley, why do you keep saying I give you gas? 
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Reply #381 Sunday, December 12, 2010 7:19 PM
Oh...and the image....sweeeeetttttt, Cyndie!