Rejection Notice Understanding

Saturday, January 15, 2011 by DaveBax | Discussion: Community

Need a little help from long time member’s as I have never had anything rejected before. My latest upload of Docks was rejected saying I needed permission from the skin artist. What I did was make docks using the same colors of a skin made a month ago but never used any parts of the skin or design. I didn’t have to mention the skin name, artist, and put a link to the skin in the write-up but did it for a curiosity to the artist and felt it was the right thing to do. So I have 2 questions.
1. If I would have left out the 3 things I mentioned above in the write up would the skin have been approved?
2. Because I used a color combination of something someone else made but used no skin parts, graphics, or design, is this a violation?

Also submitted a Rainlendar skin and not Rainmeter skin. I think this is just a mix up as I was informed that all Rainmeter skins were being help till there were several of them and then they would be uploaded. Again the skin I submitted was a Rainlender skin and think its being help by mistake. 
I have received no notification at all about this skin but guess I will upload it again and add the permission because it also uses the same colors and information in the write-up as the Docks. 
Thank you

PS: The docks were just accepted after I added an email from the artist from a few days ago however would still like the answers to my questions please. Nothing about the Rainlendar so will upload it again now with the same email.

First Previous Page 1 of 2 Next Last
DrJBHL
Reply #1 Saturday, January 15, 2011 1:02 PM

1. "No uploads containing in part or in totality another artist's work will be accepted without a written authorization from the original author."

I didn’t have to mention the skin name, artist, and put a link to the skin in the write-up but did it for a curiosity to the artist and felt it was the right thing to do.

I take it you meant 'as a courtesy' to the artist. The fact then is you did mention them. Therefore, permission was necessary as your intention was to provide a dock to compliment a skin.

2. "Because I used a color combination of something someone else made but used no skin parts, graphics, or design, is this a violation?"

If it's just colors, no. If you use graphics belonging to someone else, then yes, you need permission.

DaveBax
Reply #2 Saturday, January 15, 2011 1:44 PM

Ok, so I used all my own graphics so that wasn't the reason I guess. If I didn't mention the artist or skin name than there would have been no problem correct?

How about the second part of my comment. I have now submitted Rainlendar twice and the second time with the permission I sent with the dock the second time that was accepted. Twice it showed up in my gallery and twice it's gone with no notification. Anyone can see I made the graphics and would never used any ones graphics unless asked to do something specific than there would be permission anyway to do it. So what happened to the 2 Rainlendars skins that are not even in my own gallery? If something else is needed I need to know that as I wouldn't ever rip anyone off.

DrJBHL
Reply #3 Saturday, January 15, 2011 2:15 PM

As we discussed, the time to receive acceptance/rejection notification depends on the number/availabilty of the Gallery Mod/s for that particular Gallery. It currently is a "sequestered" Gallery (exists but not open for the public) until there're a number of skins to display.

What's the rush, Dave?

HG_Eliminator
Reply #4 Saturday, January 15, 2011 2:35 PM

Ok While I do not see currently which skin you are referring to. When you emulate/ port someone elses work even if the graphic's you make are from scratch, you are copying another's style of work. This concept and design is the originating authors, and his permission is necessary. Especially if you are uploading this utilizing the original skins name or refering to it as intended to compliment the author's current work. Such as a rainlander for someone elses WB.

 

If I was to take lets say Copper deckII and make a sysmetrix skin for it completely from scratch, using no images from Treetog's WB. I would till need his permission as I am trying to emulate his style to add to his theme.

 

As for the rainlander skin, while it is an older gallery not under sequester like Rainmeter is, you must remember it can take up to 5 days for any skin to be passed thru moderation..

 

Typically if you plan to port someone elses work to another programs format, and then upload it as a tie on to their original work, It is best to first get their permission to do so, other wise you may be wasting your time. Typically most skinners when asked will offer permissions and even offer PSD's to help you get started..

 

 

Cheers

 

 HG

DaveBax
Reply #5 Saturday, January 15, 2011 3:46 PM

HG I understand now from what Doc said earier and you are saying now. I did upload a second time with the permission and guess I was worried when it was no longer in my own gallery as it was after I uploaded. I shall just wait. It was only the color Purple I was using and that is why I added Ricks link. If I didn't mention the skin name or link I guess there would have been no problem as there are many things the same color as other things but totally unlated. Sure not asking this to cause any problems and hope you all understand that. Just want to get it correct in case it comes up again. Thank you both and will wait for the Rainlendar to be accepted as i'm sure it will.

HG_Eliminator
Reply #6 Saturday, January 15, 2011 3:58 PM

I was worried when it was no longer in my own gallery as it was after I uploaded.

 

I can see there is one sitting in the Ques awaiting moderation, as that is not my specific gallery I can not tell you the details of its current status. Possibly the mod is out for the weekend or something to that effect.  As for why you cant see it in your own gallery, possibly a site bug or something.

DrJBHL
Reply #7 Saturday, January 15, 2011 4:03 PM

As I explained, Dave: Hankers approved the Dock once you included the permission. The Rainlendar is awaiting Moderation.

DaveBax
Reply #8 Saturday, January 15, 2011 6:19 PM

No problem men. I got a little excited that was all. Drank a bottle of Crown Royal and fine now.

navigatsio
Reply #9 Saturday, January 15, 2011 7:10 PM

Dave, I sent you an email and for the record, if you want to make any additional skins for any of my blinds, past, present or future, you have my blessing, bro!

Drank a bottle of Crown Royal and fine now.

(Royal Crown with a shot of????)

DaveBax
Reply #10 Saturday, January 15, 2011 7:29 PM

Ice only for the Royal. Thank you Rick for the open Invitation

navigatsio
Reply #11 Saturday, January 15, 2011 7:41 PM

Ice only for the Royal. Thank you Rick for the open Invitation

No problem, my friend. Ice is usually about it for me too 'cept an occasional beer in the hot part of the summer...

VistArtXPosed
Reply #12 Saturday, January 15, 2011 7:47 PM

This may be a little off topic, but I think it's only acceptable to use copyrighted works, or modifications of other people's work for the Screenshots gallery ONLY.   Well, the "Graphics" category may slide as well.  (i.e. my "Eternal Blaze" screenshot [https://www.wincustomize.com/explore/screenshots/26943/]was a slightly modified version of "Elementals FIRE" I did in Skinstudio.  And it went through moderation.)  But that Simpsons WB on the other hand, I don't know HOW THAT got through moderation. Find it here: https://www.wincustomize.com/explore/windowblinds/7305/. You'd have to have permission not only from Matt Groening himself, but 20th Century Fox as well (I think).  Personally, I think that blind should be removed from the gallery.  (No hard feelings Vamp.  Just abiding by the rules.)

I mean, I would be PISSED if somebody decided to make their "own" Glassphire skin or Icon set without my permission.  It's frustrating when you have copycats who want to be better than you.  So yeah, try to make your own stuff if you can.  It's the best way to try and make your works to the galleries.

Oh, and if you do upload screenshots using other peoples work, credit them in the description before uploading.  It's common courtesy.

Jafo
Reply #13 Saturday, January 15, 2011 7:53 PM

Just adding to Navigatsio's comment in #9 ....if you do any others each one will need that notification of permission included, no matter whether there is public global consent stated or not.

The idea of the 'included permission.txt' is that it [the permission] goes WITH the skin...wherever the skin goes.

That way....months/years from now....long after 'permissions' are forgotten, someone can see the skin file...and see the original author and his permission.

Like the credits rolling at the end of a movie....they are always 'supposed' to be there [and actually supposed to be shown]...

DaveBax
Reply #15 Saturday, January 15, 2011 8:11 PM

I have it by email Jafo and if there is ever another need it will no doubt be included.

JAFO, no one will answer one question I keep asking and hoping you will. I used no parts of the skin and just put docks together that nothing to do with the skin style except I use Purple. If I didn't include the name and link on the write up would I have needed permission just for using the color Purple?

Jafo
Reply #16 Saturday, January 15, 2011 8:13 PM

VistArtXposed ...the 'Graphics' section is for royalty-free graphics uploaded for anyone/everyone to use as they see fit.  It is very definitely NOT for 'copyrighted' works.

For Screenshots, ANYTHING goes, as long as wall images are sufficiently obscured to hinder their re-use as walls by someone dilligently extracting them from the screenshot..... AND there is no content within that is in breach of code of conduct....porn, warez, racial vilification, etc.

Something such as the Simpsons WB becomes an odd case in that the images used are abundantly 'in the wild' as fan-art and [as was the case with one approach by MS over another submission to WC] cannot be reasonably rejected/refused by us unless ALL equivalent image use is removed universally.

Matt Groening cannot successfully campaign for a specific item's removal in the face of all existing 'unchased' alleged breaches of copyright.

The only defence of copyright is/must be dilligent and universal by necessity.  A  precedent of failed defence [through indifference or otherwise] weakens all subsequent argument.

It is why I fundamentally dislike the dispensation of 'fan art' as an escape clause in 'copyright' as it [can] cloud ownership/protection.

In an 'ideal' world any and all use or imitation of an art or object of copyright would require consent.

But it doesn't, so the Western world is 'free' [mostly] to look at life as 'grey', not 'black and white'....

CarGuy1
Reply #17 Saturday, January 15, 2011 8:13 PM

VistArtXPosed...Kitty's (Vamp) Simpson's WindowBlind is fan art and is allowed. As for it going through moderation, she is a Master and her work is not moderated.  Masters and Journeymen have been entrusted to know what is allowed and what isn't.

As for fan art, here is Frogboy's (Brad Wardell, CEO Stardock) ruling on it....

WinCustomize allows FAN art.  This isn't open to debate.  If someone wants to upload a Superman wallpaper that they made, that's fine. If they want to submit an X-men wallpaper that is fine.  If there is an issue with it, Marvel, Warner, whoever will let us know.  However, in "real life" there are thousands of fan sites that post the same thing.  WinCustomize does not exist in a vacuum.

We allow fan art because no one will be "confused" or "misled" by what the fan art is about.  There is no confusion over the ultimate owner of the trademarks or trade dresses involved.

Jafo
Reply #18 Saturday, January 15, 2011 8:34 PM

"JAFO, no one will answer one question I keep asking and hoping you will. I used no parts of the skin and just put docks together that nothing to do with the skin style except I use Purple. If I didn't include the name and link on the write up would I have needed permission just for using the color Purple?"

Dave....in a simple word...'no'.

However....if you yourself knew where your 'inspiration' came from then it is your conscience as to whether it was appropriate to include the author's name/reference and/or permission.

Once we are aware of a source as yet void of consent we are obliged to reject.

Remember, the onus of inclusion of appropriate approvals is on the uploader, not the Moderator..

DaveBax
Reply #19 Saturday, January 15, 2011 9:07 PM

Thanks Jafo. I did feel it was only right to include the link as I don't think I would have come up with those colors myself. So I uploaded with the permission and it was accepted right away. The Rainlendar has the permission included also and has been submitted. Hopefully it will be approved soon. I know it's up to the uploader and it was that I didn't use any part of the skin and made all the graphics I didn't think it was required. I understand now and don't plan to let it happen again.

DrJBHL
Reply #20 Saturday, January 15, 2011 9:46 PM

However....if you yourself knew where your 'inspiration' came from then it is your conscience as to whether it was appropriate to include the author's name/reference and/or permission.

All boils down to a question of honesty and intellectual integrity.

This was answered previously Dave, don't you think?

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