IMPORTANT! Re: Requesting skins
Thursday, January 29, 2004 by grayhaze | Discussion: WinCustomize Talk
The message boards again seem to be steadily filling up with requests for the creation of particular skins. There are certain important rules to consider before making a request.
1. No movie, TV show, band, video game or brand name skin requests.
The copyright issues involved in creating such a skin are simply too big for any legitimate skinner to get involved. If a skin uses the trademarks/copyrights held by another party, then the author is opening themselves up to the possibility of a costly legal battle.
While it's true that certain skins do exist in these categories, they tend to fall into two distinct groups. Those which have been created as a result of a commission from the owner of the copyright, and those which have been created by 'new' skinners who don't know or understand the potential legal repercussions of their actions.
2. Be polite.
Never demand a skin. It isn't your right to have a particular skin made for you, and you're not going to get any help through bad manners. Simply state what you'd like to see, and don't get upset if you don't get any takers.
Some people seem to think that by buying a commercial skinning/customization application (eg. WindowBlinds, DesktopX, IconPackager), they are also buying the right to have skins of their own design. This is like complaining to a car dealer when they refuse to supply you with unlimited fuel and CDs to play on the stereo.
3. Be specific.
Don't just ask for a 'blue skin' or 'a skin with nice buttons'. There are plenty of those around if you only look.
For a skinner to get enthusiastic about creating a skin, they need to have a relatively clear picture in their mind of what they want to finished result to look like. If you can 'sell' the idea of a particular skin, you're far more likely to generate interest for your idea.
4. Skinning takes time.
If someone said they'd look into creating a skin for you on Monday, don't pester them on Tuesday to ask where it is. A good skin takes days, weeks, or sometimes months to create. Be patient and if you're lucky you'll eventually get what you wanted.
5. D.I.Y.
If you can't find anyone to create your dream skin for you, why no do it yourself? We all started somewhere, and if you have a good enough idea you're half-way there already. Just sit down with whatever tools you can get your hands on and give it a try.
Skinners are far more likely to give you advice on the mechanics of skin creation than they are to create an entire skin for you.
Who knows, one day you could be the one giving out the advice.
1. No movie, TV show, band, video game or brand name skin requests.
The copyright issues involved in creating such a skin are simply too big for any legitimate skinner to get involved. If a skin uses the trademarks/copyrights held by another party, then the author is opening themselves up to the possibility of a costly legal battle.
While it's true that certain skins do exist in these categories, they tend to fall into two distinct groups. Those which have been created as a result of a commission from the owner of the copyright, and those which have been created by 'new' skinners who don't know or understand the potential legal repercussions of their actions.
2. Be polite.
Never demand a skin. It isn't your right to have a particular skin made for you, and you're not going to get any help through bad manners. Simply state what you'd like to see, and don't get upset if you don't get any takers.
Some people seem to think that by buying a commercial skinning/customization application (eg. WindowBlinds, DesktopX, IconPackager), they are also buying the right to have skins of their own design. This is like complaining to a car dealer when they refuse to supply you with unlimited fuel and CDs to play on the stereo.
3. Be specific.
Don't just ask for a 'blue skin' or 'a skin with nice buttons'. There are plenty of those around if you only look.
For a skinner to get enthusiastic about creating a skin, they need to have a relatively clear picture in their mind of what they want to finished result to look like. If you can 'sell' the idea of a particular skin, you're far more likely to generate interest for your idea.
4. Skinning takes time.
If someone said they'd look into creating a skin for you on Monday, don't pester them on Tuesday to ask where it is. A good skin takes days, weeks, or sometimes months to create. Be patient and if you're lucky you'll eventually get what you wanted.
5. D.I.Y.
If you can't find anyone to create your dream skin for you, why no do it yourself? We all started somewhere, and if you have a good enough idea you're half-way there already. Just sit down with whatever tools you can get your hands on and give it a try.
Skinners are far more likely to give you advice on the mechanics of skin creation than they are to create an entire skin for you.
Who knows, one day you could be the one giving out the advice.
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HG_Eliminator
Reply #22 Thursday, February 5, 2004 5:34 PM
Reply #22 Thursday, February 5, 2004 5:34 PM
i have become accustomed to the flavor of foot ... 
uM0p apsdn
Reply #23 Friday, February 6, 2004 3:33 PM
Reply #23 Friday, February 6, 2004 3:33 PM
A question (that may already been answered)...
Relating to copyrighted this and that, why can't a skin still be made even though it's not for profit? I understand the potential lawsuits, but wouldn't the skins/icons be a way of advertising for the company? Why would they object?
Relating to copyrighted this and that, why can't a skin still be made even though it's not for profit? I understand the potential lawsuits, but wouldn't the skins/icons be a way of advertising for the company? Why would they object?
grayhaze
Reply #24 Friday, February 6, 2004 3:59 PM
Without wanting to get into another long discussion on the issue, here's the quick answer. When a company holds the copyright to a piece of work, they usually like to maintain full control over how and where that work is used.
Whether a copyright infringment is carried out for profit or otherwise is irrelevant, as copyright law makes no concessions for non-profit use.
The idea that derivative works serve as advertising for the original owner of the copyright is also a rather naive concept, as once the material is out of their hands they have absolutely no control over how it, or they, are represented by those derivative works.
To say that a sloppy cut-and-paste skin from copyrighted images and logos could serve as positive advertising is just ludicrous. These poor rip-offs only serve to dilute and corrupt the image of the original product.
If the owner wants advertising, they'll pay for it to be done well and to their own specifications. That way they maintain control of their product and avoid tainting its image through unauthorized poor workmanship.
[Message Edited]
Reply #24 Friday, February 6, 2004 3:59 PM
| Relating to copyrighted this and that, why can't a skin still be made even though it's not for profit? I understand the potential lawsuits, but wouldn't the skins/icons be a way of advertising for the company? Why would they object? |
Without wanting to get into another long discussion on the issue, here's the quick answer. When a company holds the copyright to a piece of work, they usually like to maintain full control over how and where that work is used.
Whether a copyright infringment is carried out for profit or otherwise is irrelevant, as copyright law makes no concessions for non-profit use.
The idea that derivative works serve as advertising for the original owner of the copyright is also a rather naive concept, as once the material is out of their hands they have absolutely no control over how it, or they, are represented by those derivative works.
To say that a sloppy cut-and-paste skin from copyrighted images and logos could serve as positive advertising is just ludicrous. These poor rip-offs only serve to dilute and corrupt the image of the original product.
If the owner wants advertising, they'll pay for it to be done well and to their own specifications. That way they maintain control of their product and avoid tainting its image through unauthorized poor workmanship.
[Message Edited]
uM0p apsdn
Reply #25 Friday, February 6, 2004 4:31 PM
Reply #25 Friday, February 6, 2004 4:31 PM
I prefer "to the point" rather than a long discussion myself. One/two more questions, fan art. Does "fan art" fit into this as well? Couldn't one say his/her skin is a fan art?
What about parody? (Taking note that booble.com is claiming its site is a parody of google.com, thus cannot be sued for copy infrigment etc. Heard on TechTV.)
What about parody? (Taking note that booble.com is claiming its site is a parody of google.com, thus cannot be sued for copy infrigment etc. Heard on TechTV.)
sig101
Reply #26 Friday, February 6, 2004 6:58 PM
Reply #26 Friday, February 6, 2004 6:58 PM
Well on the satire or parody front, it might depend on how it is used...if the original copyright holder (google) claims that it might confuse people thinking the site is indeed associated with google or if the name is close enough to play off the google brand (and benefit from the implied association and/or the use of a sound alike lookalike identification with google) and/or if such association also negatively impacts on or detracts from the rep/image of the original name brand/site, they might have a case. That's the sort of thing that can be decided in court.
Hmn....I doubt think "fan art" is really exempt from copyright infringement issues although "fan art" is occasionally sited by some users as an acceptable use. (Frogboy has had many articles and threads on the issue of copyright and I'm sure that's been discussed before in some detail with regard to legal issues.) I recall a while back Fox Studios taking legal action to shut down fan sites of various tv shows/films on the basis of copyright infringement. Fan art it was, but Fox was legally entitled to pursue them and it did until it perhaps occurred to someone in their marketing division that it was a counterproductive move PR-wise and marketing-wise.
Hmn....I doubt think "fan art" is really exempt from copyright infringement issues although "fan art" is occasionally sited by some users as an acceptable use. (Frogboy has had many articles and threads on the issue of copyright and I'm sure that's been discussed before in some detail with regard to legal issues.) I recall a while back Fox Studios taking legal action to shut down fan sites of various tv shows/films on the basis of copyright infringement. Fan art it was, but Fox was legally entitled to pursue them and it did until it perhaps occurred to someone in their marketing division that it was a counterproductive move PR-wise and marketing-wise.
chasindreams
Reply #27 Friday, February 6, 2004 11:25 PM
Reply #27 Friday, February 6, 2004 11:25 PM
I am new to this (as I'm sure my naive question will prove), but why do the skins have a category for "OS" with many postings? I know that all of the postings have to be approved prior to being added to the library. On any given day at least one of the top downloads will have the windows logo. Is this an exception? Thank you for your help! 
grayhaze
Reply #28 Saturday, February 7, 2004 1:16 PM
Reply #28 Saturday, February 7, 2004 1:16 PM
As I stated before, if a particular copyright is being used in a way which the owner would have no cause for concern over, it's usually acceptable. It's still not legal, but it's generally okay with both sides.
In the case of the Windows logo, if you're creating a skin to be used on Windows to improve the experience of using the OS, it's unlikely Microsoft would have much problem with you using it. Now if you were creating a skin for a rival OS and used the logo, then that would be another matter entirely. Apple are particularly well known for persuing such breaches of copyright.
In the case of the Windows logo, if you're creating a skin to be used on Windows to improve the experience of using the OS, it's unlikely Microsoft would have much problem with you using it. Now if you were creating a skin for a rival OS and used the logo, then that would be another matter entirely. Apple are particularly well known for persuing such breaches of copyright.
chasindreams
Reply #29 Saturday, February 7, 2004 1:47 PM
Reply #29 Saturday, February 7, 2004 1:47 PM
Thank you for clearing this up a bit. Sorry, I didn't mean to turn your very informative post into a discussion on copyrighting. I'm still trying to learn the do's and don'ts of what considerations are looked at when a new skin is submitted. I've yet to have one approved , but I'm determined. 
MP3Tour
Reply #33 Monday, February 9, 2004 11:45 PM
Reply #33 Monday, February 9, 2004 11:45 PM
I don't suppose anyone has seen a ford skin floating around already have they?
wombat_1
Reply #34 Tuesday, February 10, 2004 4:07 AM
Reply #34 Tuesday, February 10, 2004 4:07 AM
Post #33
A 'Ford skin floating around'?
They rust too fast ...!
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A 'Ford skin floating around'?
They rust too fast ...!
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HG_Eliminator
Reply #35 Tuesday, February 10, 2004 8:48 AM
Reply #35 Tuesday, February 10, 2004 8:48 AM
no i have not seen any ford hovercraft skins lately ...
phlem14
Reply #36 Wednesday, February 11, 2004 7:06 PM
Reply #36 Wednesday, February 11, 2004 7:06 PM
damn, now i cant make that halo skin, i always wanted to make and share with the world! ohhh well...
MadPyro
Reply #37 Tuesday, February 17, 2004 6:17 PM
Reply #37 Tuesday, February 17, 2004 6:17 PM
wow, so many people skip this sticky thread... man, sooo annoying.
thundr51
Reply #38 Wednesday, February 25, 2004 6:15 PM
Reply #38 Wednesday, February 25, 2004 6:15 PM
Ok, I know this isn't a copyright thread or anything but I just want sneak this one question in:
What if the company is providing the artwork? Some official game sites actually provide graphics/pics and such to be used by fans for fansites or what not, generally, just as long as it's nothing portraying said game/company in a bad light, I remember Microsoft did something this with a couple of games (AOE,AOM,etc) but I might be wrong...however, I KNOW there are companies that do this. If I submitted a theme using this would it be rejected?
What if the company is providing the artwork? Some official game sites actually provide graphics/pics and such to be used by fans for fansites or what not, generally, just as long as it's nothing portraying said game/company in a bad light, I remember Microsoft did something this with a couple of games (AOE,AOM,etc) but I might be wrong...however, I KNOW there are companies that do this. If I submitted a theme using this would it be rejected?
Jafo
Reply #39 Wednesday, February 25, 2004 6:26 PM
Reply #39 Wednesday, February 25, 2004 6:26 PM
thundr51.....by providing a link to the image source it can be verified that it is OK to distribute that specific image....so include the link with the upload...)
grayhaze
Reply #40 Wednesday, February 25, 2004 7:05 PM
Reply #40 Wednesday, February 25, 2004 7:05 PM
Also, you'll usually find that these companies only provide images specifically for creating 'fan sites', and not for any other use. You would therefore need to get their written permission to use the images in a way other than explicitly specified.
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Reply #21 Thursday, February 5, 2004 4:23 PM