Talk about learning the HARD way.......
Sunday, February 8, 2004 by dabe | Discussion: WinCustomize Talk
I spent an enormous amount of time creating a Sysmetrix theme. I started with SS GOKU's SS-04, but came up with something so different that he told me that I would definitely not need his permission. I design the buttons from scratch, and the whole thing looks great. GOKU's reaction was "Wow". 
He even offered to create a rainy to match. Color me "flattered".
Ahhhhh, but the big BUT......
I based my design on an item in a catalogue. I did change some stuff, but it's still basically the same thing. I checked the WC Uploading Guidelines, and there it is, in black and white, that copyright issue thing. OK, I went to their website, and there it was, plain as day, that copyright thing. So, now I cannot upload my theme.
I called the company, and have to call back tomorrow. I am going to ask them if I can use it, even if I have to put their logo or name on it. I'm willing to do that, and hopefully they'll be willing to have me do it. I spent way too much time on this to just dump it.
Well, at least this thing graces my desktop. I'm very happy with it, and I learned alot, for sure.
He even offered to create a rainy to match. Color me "flattered".Ahhhhh, but the big BUT......
I based my design on an item in a catalogue. I did change some stuff, but it's still basically the same thing. I checked the WC Uploading Guidelines, and there it is, in black and white, that copyright issue thing. OK, I went to their website, and there it was, plain as day, that copyright thing. So, now I cannot upload my theme.
I called the company, and have to call back tomorrow. I am going to ask them if I can use it, even if I have to put their logo or name on it. I'm willing to do that, and hopefully they'll be willing to have me do it. I spent way too much time on this to just dump it.
Well, at least this thing graces my desktop. I'm very happy with it, and I learned alot, for sure.
Jafo
Reply #2 Sunday, February 8, 2004 3:39 PM
Reply #2 Sunday, February 8, 2004 3:39 PM
dabe...yes, sometimes it pays to sort out permissions, etc before beginning to play. It can be disappointing to end up with a great result and be unable to share....but it happens...
Styl-X Design
Reply #3 Sunday, February 8, 2004 3:44 PM
Reply #3 Sunday, February 8, 2004 3:44 PM
it is 'inspired' by the thing or it is the thing coded?
Can we see some screens of the orriginal item and yours?
Can we see some screens of the orriginal item and yours?
dabe
Reply #4 Sunday, February 8, 2004 5:27 PM
Reply #4 Sunday, February 8, 2004 5:27 PM
Styl Skinner, I uploaded my desktop showing my Sysmetrix and the original that I used. Just click on my name for my profile. You tell me. Is it copyright infringement, or not? If I was the artist, I'd say yes, unfortunately. The differences aren't enough to call it a different piece of art.
Though, the Prairie Style was developed by Frank Lloyd Wright in the early 1900's, there is latitude for artists to develop it as individual artwork.
Jafo, I started to send you a private email asking what you thought, then decided not to. I have to sort this out myself, I think.
Though, the Prairie Style was developed by Frank Lloyd Wright in the early 1900's, there is latitude for artists to develop it as individual artwork.
Jafo, I started to send you a private email asking what you thought, then decided not to. I have to sort this out myself, I think.
Apocalypse_67
Reply #5 Sunday, February 8, 2004 9:25 PM
Reply #5 Sunday, February 8, 2004 9:25 PM
Dabe, that SysMetrix looks good. It has a 'retro' style to it, kind of reminds me of the Partridge Family bus 
I hope you get the permission to upload it
I hope you get the permission to upload it
dabe
Reply #6 Sunday, February 8, 2004 9:52 PM
Reply #6 Sunday, February 8, 2004 9:52 PM
The Partridge Family bus? Oh Please..... give me a break 
Thanks for the compliment, Apocalypse. I hope I do get the permission.
Thanks for the compliment, Apocalypse. I hope I do get the permission.
Sput
Reply #7 Monday, February 9, 2004 12:15 AM
Reply #7 Monday, February 9, 2004 12:15 AM
I would say that's too similar to use without permision. It's a pity you followed the original so closely as you could have made something "in the style of" quite easily and avoided the issue. I'd not seen this design before - rather than some bus it reminds me of a Mondrian as in http://www.ibiblio.org/wm/paint/auth/mondrian/
or http://www.artchive.com/artchive/M/mondrian.html#images
Surely you could re-do the design into something original without affecting the overal aesthetic impact?
or http://www.artchive.com/artchive/M/mondrian.html#images
Surely you could re-do the design into something original without affecting the overal aesthetic impact?
GreatSilverWyrm
Reply #8 Monday, February 9, 2004 1:37 AM
Reply #8 Monday, February 9, 2004 1:37 AM
Really nice sysmetric skin there, although, it's a bit too "bevely" for me, I'd prefer a more stained-glass look...but it's still very cool.
dabe
Reply #9 Monday, February 9, 2004 6:15 AM
Reply #9 Monday, February 9, 2004 6:15 AM
Sput, I think that's what I'm going to do - design a new image using a stained glass theme, as I've not seen this done before. Maybe I'll even perfect the "glassy" look, which I do not yet know how to do.
I used to make stained glass windows many years ago, and I still have a small one hanging in my kitchen window. My completely original design, though I really don't think it's that good. Maybe, I base something off of that. I dunno. I just saw this window in that catalogue and thought, "Hey, Sysmetrix!!" I do think that I have a starting point now for designing themes, which is sometimes 99% of the battle.
And GSW, maybe I'll shoot for the "lighter" touch, though the reason I did this was because I can SEE the godd**m thing. Middle age presbyopia, ya know.
I used to make stained glass windows many years ago, and I still have a small one hanging in my kitchen window. My completely original design, though I really don't think it's that good. Maybe, I base something off of that. I dunno. I just saw this window in that catalogue and thought, "Hey, Sysmetrix!!" I do think that I have a starting point now for designing themes, which is sometimes 99% of the battle.
And GSW, maybe I'll shoot for the "lighter" touch, though the reason I did this was because I can SEE the godd**m thing. Middle age presbyopia, ya know.
dabe
Reply #10 Monday, February 9, 2004 6:18 AM
Reply #10 Monday, February 9, 2004 6:18 AM
Now ya see........ I just went back to read GreatSilverWyrm's post and he said "bevely" not "heavy". DOH! The first time I read it I really saw "heavy". My case in point.....
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Reply #1 Sunday, February 8, 2004 1:47 PM