copyrights discussion

(Octopus4) #1

Hi guys , this time a serious thread

ok , i’m creating 3D game 3rd person / stealth / spy , and it is not commercial

the game resources are

3D Models including UVWmaps
2D graphics
Sounds
Scripts
Shaders
Story
Characters
Levels
Dialogue

etc …

my question is … :-
can i use those reference images as textures
as example
can i take a photo of a real man from the internet and alter it and turn it into a texture then apply it on my model , … a man which isn’t copyrighted lol … a site that gives reference images of humen for you to make textures of them and the site doesn’t require to credit them
am i doing a mistake if i got help of those images… or is it ok as far as i know ??

and is it ok to use a photo of a mobile to use as a texture ?
as example
i usued this
http://www.slashphone.com/uploads/4131/Image2.jpg
to make this attachments
d=1191528126
d=1191528126

thanks in advance , 3DGURU :smiley:

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(hessiess) #2

little off topic
will the game run on linux?

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(Octopus4) #3

will the game run on linux?
ya … .

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(PapaSmurf) #4

sorry, images and forms and likenesses are copyrighted by their creators. That image of a phone is not available for you to use, for profit or not, in any form. No logos either. Lockheed just made a guy that modeled one of their fighters pull the model off the net, because it was too good of a likeness. You cannot even model like a game controller too close or images of it will violate copyright. That’s the bad news.

The good news is that you can write to them and offer them the opportunity for their product to be included in the game, and they might even pay you to use their image/likeness just for marketing purposes.

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(shadowbane) #5

edit: ok, I was wrong, and PapaSmurf posted while I was typing.

I agree, if your model looks good, they will probably be happy for it to be in your game, as long as your game dosn’t display their product in a bad way.
You should ask first, though, some companies are really mean about this stuff.

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(Orinoco) #6

People, on the other hand, are a different story. People own their own likeness, so you cannot take some photo from a newspaper or magazine and model from it. On the other hand, sites that take photos specifically to be used to model or texture have their models sign a release, which allows the use of the image (with or without royalties paid, depending on the site) for modeling or textures.

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(Octopus4) #7

thanks , i didn’t knew that before , …
but is there sites that offer images like those without un-abling us to use them , so i will not be using that mobile … ok thanks …

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(Orinoco) #8

Yes there are: 3d.sk is probably the best, Got3d has some also, I’m sure there are others.

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(bugman_2000) #9

People own their own likeness, so you cannot take some photo from a newspaper or magazine and model from it.

That image of a phone is not available for you to use, for profit or not, in any form

I’m not a lawyer, but I think people are taking an awfully strict view here that seems to ignore any kind of fair use or artistic considerations. I personally am more in favor of creating your artwork freely and if somebody has a specific complaint then respecting that. But, for example, in movies, characters have to wear clothes. Does that mean that every movie is an infringement on Levis’ copyright? Is Pop Art an infringement on Campbells Soup copyrights? There is a point in which an art work that has derivitave elements becomes an art work in its own right.

I think you should use common sense. If you are making money by exploiting somebody else’s work, you are obviously breaching the spirit and letter of copyright law. If you are making non-commercial artwork, I personally, as a non-lawyer, think you should do whatever you want to do as an artist.

As for using newspaper or web photos for the basis of modeling for an artistic project (particularly low-poly, which is not going to be a perfect likeness anyway), I would be kind of surprised (as a non-lawyer) if there was a legal precedent against this.

Just my 2 non-lawyerly cents.

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(Octopus4) #10

ok , i will hear everybody …

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(Mmph!) #11

Why not just model your own phone in blender and render a nice texture for your self?
If you model it from your low poly phone you could bake an easy normal map, and texture for your self.

Years ago I started forcing my self to make all my own textures , now I can make almost anything I need.
Force yourself to make all of your own content, after a few months you will master it, and it will not be an issue.

it is very rewarding to look back at a project, and say “wow! I did that!”

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(Octopus4) #12

Why not just model your own phone in blender and render a nice texture for your self?
If you model it from your low poly phone you could bake an easy normal map, and texture for your self.

Years ago I started forcing my self to make all my own textures , now I can make almost anything I need.
Force yourself to make all of your own content, after a few months you will master it, and it will not be an issue.

it is very rewarding to look back at a project, and say “wow! I did that!”

it is an alternative way of thinking , … but actually i want an answer

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(PapaSmurf) #13

i’d like to add a caveat - famous people’s likenesses can be used, but only for certain reasons - like our favorite president (I’ll let you pick which one). Best to surf the net for general multinational guidance, as I see you are from Jordan, I would add that what I said applies to US/England which share the same law base…not sure about Middle East, Asian, etc…different cultures have vastly different attitudes and therefore possibly laws about intellectual property (IP)

In general also, it is also about damages…and whether your infringement on their IP is bad enough for them to spend US$20,000 to go after you.

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(Mmph!) #14

it is an alternative way of thinking , … but actually i want an answer

sure…

Black out the part with the brand name, and you should be able to use it under the “fair use” clause.
You live in Jordan, American copyrites are not enforced there, as much as other parts of the world.

I would not worry too much about it if I where you.

For me though, i own Zbrush. To model and texture a phone like that would only take me 2 hours.

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(Octopus4) #15

i have Zbrush 3 , but i don’t have time … you see ?
and i am confused , would the law be applied in a region and not another ?

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(Mmph!) #16

would the law be applied in a region and not another ?

It is applied everywhere. Weather it is enforced or not is a different story.
Right now Jordan dose not give a rats ass towards American law.
Just black out the model information, and the trademark names.

Bye the way, I am not a lawyer, please take my advice as a grain of salt.

If you use that photo, you should get rid of all the specular highlights, otherwise it will look very bad in any game engine.

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(Enjay) #17

yeah 3DGURU, go ahead and do what you want, i dont think the american CIA will go all the way to Jordan to kick down your door and hold you captive for modeling an american phone. if they do, your country might just be under an invasion for some reason and you have bigger things to worry about.
look at mexico! my home city of El Paso is literally right on the border of texas and mexico. (im on the american side) mexico copies our stuff all the time in broad daylight, and there only a few miles from my house, and nobody gets busted. use the phone texture, your out of our range man.

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(Octopus4) #18

law and ethics … , …
ok even if i wasn’t asked by the law , have i to credit them to be ethical or i must not do so ?
and i don’t want to do something that is not 100 % right .

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(Octopus4) #19

and what is about japan ?

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(patricia3d) #20

Hi 3D Guru
Why not to take your or your family photo & put as texture. Why bother for law and order. Just enjoy.

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