Copyright infringement

Sunday, January 1, 2006 by Oxifizzld | Discussion: Community

Quick question: I've never submitted anything before but I want to submit a wallpaper and bootskin. Both are based on the band Guns N' Roses, am I allowed (by stardock/wincustomize) to upload them? They are basically collages I did in photoshop but they contain some copyrighted images, I just want to know if this kind of stuff is okay to submit.
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Jafo
Reply #21 Friday, January 6, 2006 6:10 PM

Define "personal use"...or better yet, just the word "use".

"use" can mean wiping your bum with it...making paper aeroplanes out of it...whatever floats your boat.

"personal use" means only your OWN bum.  You cannot give it to other people to wipe theirs.

Even if it gives you free rights to ALTER, through annotation or omission, the "personal use" still precludes public distribution.

Sleeping Dragon
Reply #22 Friday, January 6, 2006 7:46 PM
"personal use" means only your OWN bum. You cannot give it to other people to wipe theirs.


Reppiks
Reply #23 Friday, January 6, 2006 8:11 PM
Now, that makes it clear as mud! I think I'm going to file for a copyrite on "public domain" and make a fortune!
starkers
Reply #24 Friday, January 6, 2006 8:26 PM
Define "personal use"...or better yet, just the word "use".

"use" can mean wiping your bum with it...making paper aeroplanes out of it...whatever floats your boat.

"personal use" means only your OWN bum. You cannot give it to other people to wipe theirs.


Ok Jafo, Jafo, Jafo...you really cracked me up with that one
It's the funniest thing I've seen on this site in ages...probably ever, and definitely the best belly laugh I've had in weeks, with some recent trials and tribulations. Would send ya a medal but Thunderbird won't let me attach it so this'll have to do

BTW Got a Question! Hypothetically, you're a member of a nudist camp...wipe yer bum with a copyrighted image and it rubs off...you later sit on a chair that retains/reproduces the image imprinted on yer bum...somebody likes what they see & runs off a few xerox's....are you then guilty of or contributing to copyright infringement?

Just a thought....before taking my meds
starkers
Reply #25 Friday, January 6, 2006 8:30 PM
Another thought..after taking my meds

Although the nick masy imply it...NO, I'm not a member of a nudist camp, and the hypothetical was not so I could cover my own arse
Sleeping Dragon
Reply #26 Friday, January 6, 2006 8:31 PM
I think I can speak for all of us. Please take your meds. Bum image theft reproduction and distribution? Let me get you some water to wash those down.
HG_Eliminator
Reply #27 Friday, January 6, 2006 9:41 PM
BTW Got a Question! Hypothetically, you're a member of a nudist camp...wipe yer bum with a copyrighted image and it rubs off...


i would imagine if ya wiped ur bum with it .. the image would have been smeared or obscured by "the reason you were wiping in the first place" but for arguements sake lets say it happend like you stated... frst who printed the image ? if it was the autheor then it was his own negligance in choosing a non stead fast dye. and since you were unaware at the time .. it would be hard to show you intended to infringe ..... if you printed it then you could be in violation. they could challenge that you intended to print it transfer it to your hiney with the intent of distributing...but in either case it would be a far stretch.. but even if they took you to court, 6mo's later as they unzip ur hiney from the ziplok bag i think it may be too wrinkley to get a clear perspective of the offending image.
starkers
Reply #28 Friday, January 6, 2006 9:50 PM
HG you've continued on from where Jafo left off.....very well put and funny

but even if they took you to court, 6mo's later as they unzip ur hiney from the ziplok bag i think it may be too wrinkley to get a clear perspective of the offending image.


Actually, in my case, I think the 'offending image' would actually be the canvas
rabidrobot
Reply #29 Friday, January 6, 2006 10:14 PM
Hmm. I seriously doubt that desktopexchange.com, the site Jafo linked to, has any right to assert copyright over any of those images it offers. From just their main page one can see they would have had to arranged agreements with FOX for The Simpsons rights and the NFL for team logo rights.

Here's a link to the Fantastic Four Movie official site. http://www.fantasticfourmovie.com/ If you dig through the Flash, you'll find some wallpapers http://www.fantasticfourmovie.com/us/flash/Wallpapers/InvisibleWoman/1280.html. desktopexchange.com also has these images and is simply redistributing official promotional imageshttp://www.desktopexchange.com/gallery/Movie-Wallpapers/Fantastic_4_InvisibleWoman.

Here's another site with the images, which includes a copyright statement: http://www.actuacine.net/fantastic-four-wallpapers.htm

Not that that makes a whole lot of difference to the question at hand, except for complicating matters a bit. I guess it is an example of what Jafo mentioned--multiple sites offering the same images with different takes on redistribution. In this case it is easy to see who holds original copyright, but this isn't always the case.
Jafo
Reply #30 Saturday, January 7, 2006 1:21 AM

I guess it is an example of what Jafo mentioned--multiple sites offering the same images with different takes on redistribution. In this case it is easy to see who holds original copyright, but this isn't always the case.

You're quite correct...that was exactly what I was referring to...

scorpio-logic
Reply #31 Saturday, January 7, 2006 3:40 AM
I'm confused, is the image in question starkers bum?

Posted via WinCustomize Browser/Stardock Central
starkers
Reply #32 Saturday, January 7, 2006 5:40 AM
[scorpio-logic]I'm confused, is the image in question starkers bum?


Not exactly, scorpio, but I'm thinking there'd be a definite impovement in the appearance of my derriere, had I a copyrighted image strategically placed in such a manner as to look like somebody elses bum: ie any Hollywood hunk's...been a long,long time since I got a complimentary whistle

Been even longer since I was a Chick magnet....only memories I got there are pics of alot of female rellies gathered around my crib when I were just a freckle past a twinkle....
ShelbyGT_The_Car
Reply #33 Saturday, January 7, 2006 11:57 AM
Well to tell the truth about that website Paul... They are not gona copyright anything there due to the fact they are the ones ripping the wallpaper from other artist to begin with. Thus even the website itself has a copyrighted image on the front page which belongs to warner bros.. Thus they don't care and I guess when they get caught with their hand in the cookie jar those that are on file as using this site will also fall in the same boat as they will too.
Good luck everyone on using images that are not being presented with a written permission of agreement of some sort that is completely leggit too! There are people out there that will tell some rather sad stories about how much it cost them to do these things that way.
It would be such a better world if everyone would do things right and think about things in a proper manner also.
Good day ...
SGT
Morpheous416
Reply #34 Monday, January 9, 2006 2:38 AM
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.


As one would do with all the Vista themes....(don'tcha just hate it when you are not the only one who could be right about a subject? fries ya right in the gut doesn't it?)

and...where in any of my posts did I mention the word "own"? Don't mince words, split hairs or twist what I post. I posted what I did for a reason, I am well aware of copyright laws being an artist myself for the last 25 years of my life. I don't need Google, or another licensed tax lawyer to spell it out for me. The question was set to see exactly what I thought you'd respond as.

If I were to use the copyright law as set forth "by the book", then anything written by me could be copyrighted. Which, in all assinine form, would be illegal for anyone to copy such writings, quote me...or use anything that I have written, without my express permission. Pretty ridiculous if taken too far wouldn't you say?

Art can cover many subjects, and on both sides of the fence. It's a very touchy subject, but for me, copying someone else's work and claiming to be your own, is simply wrong. Call it by whatever legal term you wish, it's simply wrong. Now, on the other hand...copying is also a form of flattery. You like the styles of another individual (mostly because it's probably what you've been looking for in your own work), and you use the material to study what you can create with it. You end up creating "new" art...not just a replica of an already existing piece.
Jafo
Reply #35 Monday, January 9, 2006 7:43 AM

If I were to use the copyright law as set forth "by the book", then anything written by me could be copyrighted. Which, in all assinine form, would be illegal for anyone to copy such writings, quote me...or use anything that I have written, without my express permission. Pretty ridiculous if taken too far wouldn't you say?

NQR, however....

Morpheous416
Reply #36 Monday, January 9, 2006 2:00 PM
Exactly. Which is why I used the word "could".
Super Fuzzie Wuzzie Ziplock
Reply #37 Monday, January 9, 2006 8:03 PM
Ah huh! Now I get it. Tricky tricky.
This got very funny to read. I thank all for the info and intertainment.
Super Fuzzie Wuzzie Ziplock
Reply #38 Monday, January 16, 2006 12:02 AM
http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html
This may help out a lot.
Super Fuzzie Wuzzie Ziplock
Reply #39 Monday, January 16, 2006 12:02 AM
Well I see it doesn't go to it like it should.
§ 107. Limitations on exclusive rights: Fair use

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