Copyright infringement
Sunday, January 1, 2006 by Oxifizzld | Discussion: Community
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Reply #3 Monday, January 2, 2006 1:07 PM
Reply #4 Monday, January 2, 2006 1:39 PM
Reply #5 Tuesday, January 3, 2006 3:08 AM
Reply #6 Tuesday, January 3, 2006 5:13 AM
Reply #7 Tuesday, January 3, 2006 6:02 AM
| I've always wanted to know Why you can use copyrighted images in bootskin and not in wallpapers?. It's something thats always nagged me because I can use what ever i like to make a bootskin but not a wallpaper,every wallpaper i've submitted has been rejected but every bootskin has been execpted.Can someone please clarify this up for me,Many thanks in advance. |
Essentially...
Another person's image used as a wall is not yours to submit.
Taking it and resizing to a screen resolution is no kind of 'value-addition'. It is the exact same image.
Bootskins are skins, albeit overly simplistic ones. To create a boot there is actual 'creative' input though again, it's about as simple and bland as you can get...being nothing more than a progress bar image and an ini text file.
These are still moderated for 'quality', and, when it is clear they use restricted images, or rather, the images used have restrictive copyrights, then they are rejected.
'Fair use' considerations [in the US copyright laws] [and just now in Australia, thanks to Bush and Howard and their free trade agreement - as we are now aligned with the US system] allows for such things as 'fan art' to ultimately muddy the waters of copyrights and image use.
What we ask for, in the case of Logons and boots is the posting of links to the image source so we [or anyone else who is curious] can verify whether that specific image source allows its re-use in a public way, or not.
'webshots' or whatever it's called does NOT allow re-use as public distribution in ANY form ....so all shown to be sourced from there will be removed.
There's a 'shit-load' of images on the net.
No-one is going to be able to verify them all....so the onus MUST be placed fairly and squarely on the uploader to verify HIS PERMISSION to do what he is doing.
When in doubt of an image's source/permission we can simply reject it.
If an image is shown to specifically contravene the copyright pertaining to the source of that image it WILL be removed.
The only issue with that is there can often be more than one source of the same image....and perhaps one with, and one without restrictions....and no idea as to whose is the original and who is in violation.
Because the waters are 'muddy' ...it's always going to be difficult.
If anyone has a 100% foolproof solution...we don't want to hear it...go become the next Pope instead, or cure Cancer....cos such fantastic acumen would otherwise be wasted.....
Reply #8 Tuesday, January 3, 2006 6:08 AM
http://www.desktopexchange.com/gallery/Movie-Wallpapers
If anyone can locate ANY form of copyright notice ANYWHERE on that site...then yer better than me....but I'd love to know if there is one....
Reply #9 Tuesday, January 3, 2006 6:18 AM
Reply #10 Tuesday, January 3, 2006 6:24 AM
So, that's the site you're looking at, all day long?
Chicks and chicks and chicks and...
Reply #11 Tuesday, January 3, 2006 6:35 AM
| feel free to download any free desktop background to your computer. |
Reply #12 Tuesday, January 3, 2006 7:34 AM
| The only thing that would imply they are for personal use only is on home page |
Problem with copyrights/permissions is all in the wording.
That wording implies, at best, but does NOT preclude...
Reply #13 Tuesday, January 3, 2006 12:28 PM
Reply #14 Tuesday, January 3, 2006 1:08 PM
Reply #15 Tuesday, January 3, 2006 4:58 PM
Reply #16 Tuesday, January 3, 2006 5:57 PM
| did not find anywhere on this site the words "do not distribute", with or without permissions. As I see it, with a disclaimer that the original wall was downloaded from this site, included in a .txt with the bootskin/logon, the no liable falls on the artist. However I am not a moderator, and it finally falls on them to make a decision best suited for WC |
Yes, until evidence to the contrary [alternative image source showing the former site is at fault] that would be acceptable ...and has been, since the onus of copyright infringement would fall on the source site, not the uploader here...
Reply #17 Tuesday, January 3, 2006 6:00 PM
| It would seem to me that to “distribute” would mean to make money by using the art, |
No.
I MUST stress here....making money means 'profit', not 'distribute'.
'Distribute' means 'pass around' or 'disperse' and has NO bearing on whether moneys are received or not.
'Do not distribute' in this sense means 'you can download to your computer but do NOT upload elsewhere'. It also means 'do not make it accessible to file sharing'...
Reply #18 Tuesday, January 3, 2006 6:41 PM
"These free wallpapers are for personal use on computer screens only. They may not be redistributed, offered for sale, included on CDs, or used for printed material."
http://freewallpapers.to 'free wallpapers' terms of use....means none from there can be accepted.
Wincustomize.com anticipates content can be 'included on CDs' and 'offered for sale' [via those CDs].
Either way, 'not be redistributed' is the issue.....
Reply #19 Friday, January 6, 2006 5:03 PM
| TERMS OF USE These free wallpapers are for personal use on computer screens only. They may not be redistributed, offered for sale, included on CDs, or used for printed material. |
HA! But, where does it say that the photos could NOT be altered? Would this then preclude new art? Thus being allowed for distribution?
Define "personal use"...or better yet, just the word "use".
Reply #20 Friday, January 6, 2006 5:22 PM
| HA! But, where does it say that the photos could NOT be altered? Would this then preclude new art? Thus being allowed for distribution? |
What if I take someone else's writings, text, HTML or graphic image and change it around to suit my needs? I own the "new" version, right? If you did any of that with the original owner's permission, and according to his/her terms and conditions than you own the "new" version. If not you may be committing copyright infringement and/or plagiarism.
Taken from http://www.whatiscopyright.org/
If there's any questions about Copyright and what it covers, I suggest a good read on this website. US Copyright Law explained by a licensed attorney with a specialization in financial tax law.
DD
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Reply #1 Sunday, January 1, 2006 9:56 PM
COPYRIGHT AND TRADEMARK:
Images taken from other sources cannot be accepted without permission, including but not limited to pictures taken from movies, television shows, games, web sites, magazines, celebrity pictures. However, although they are theoreticaly also copyrighted, we will be lenient concerning corporate logos and OS ports, unless we are approached by the companies and asked to remove them. An exeption: sports logos. Sport organisation make money selling the right to use their logos and explicitly forbid the distribution of art containing their logo unless a licence is purchased.
Additionally, every time you post something on WC it is moderated, (unless you have the proper access to post without moderation, and few people have that right). See "About the Site" in the lower left of this screen. So, go ahead and post if you are not sure, and if it gets moderated, you may have to post again with modofied content. Also, if you are ever in need of assistance with questions about the site or its operations, you can always go to irc://irc.stardock.com to ask on the #wincustomize irc channel, or you can use the wincustomize browser you got with your subscription to access the channel there as well. Hope this helps.
Sembetu