copyrights discussion

(Mmph!) #21

ok even if i wasn’t asked by the law , have i to credit them to be ethical or i must not do so

why dont you just ask them?
http://www.motorola.com/

it belongs to them, we really have no say in the mater.

(Orinoco) #22

You’re right, we are. There are artistic and fair use and “celebrity” exceptions to copyright law, but I think it’s best to know what the law is first, then to get into the exceptions.

Celebritiy and public figure likenesses can be used in the news without getting permission from the person. People who show up in a photograph of a crowd cannot sue the paper that published the photo because the photo is of the crowd, not of a particular individual. A poorly made or deliberately unrecognizable distortion of a likeness would not be a problem, since the “likeness” is not there, and people only own rights to their own “likeness.” If it’s not a likeness, they don’t own it, however it came into being.

I believe Warhol got away with the Campbell soup cans under the “parody” exception to copyright, but if he’d done Mickey Mouse, Disney would have sued the pants off him, Levis or not.

But the general principal is that people who design things have a right not have their work ripped off by others, and ordinary people have a right to privacy. So, if it’s a thing in question, don’t do an exact copy, do a redesign, or ask permission from the company that owns the design. If it’s a person, use an image from some place that gives you permission to use the likenesses, especially if you are going for photorealism.

Film studios have whole departments to suss out and get permission for any copyrighted images that might show up in a film. As an example, a movie showed a car driving through a fancy gate into an expensive home. The film company had to pay a royalty to the artist who designed the unique and highly recognizable gate to that particular home.

(Octopus4) #23

is there an official document on the net shows this ?
thanks

(Orinoco) #24

google is your friend. A single “official” document? I doubt it. Copies of relevant law, discussion of case law, observations and essays, many. start with the wiki.

(Octopus4) #25

i tried to search but i din’t find somehting makes sense :frowning:

(Orinoco) #26

If the wiki didn’t make sense, then you need to ask more specific questions.

Perhaps because its Southern California, with the concentration of wanna be script writers coming to make fame and fortune in Hollywood, the local Bar Association puts on free seminars and workshops here for artists, specifically to discuss copyright issues. They are fairly general seminars – lawyers tend not to give away their services for free – but useful for making sense of the issues.

There may be some local equivalent where you are located. Contact your local lawyers group or association, they may already be doing something similar in your area. If they aren’t you could suggest it, since it is a form of marketting for them.

(Unimatrix) #27

Ironically we were discussing the Lockheed case earlier this week (currently in law school) and here an interesting question: if the guy had made his model based on reference pictures from the USAF or other government website, would that be a violation of copyright since those photos, being the property of the US government, are, under current copyright law, considered public domain?

The only problem with asking silly questions like that in Law School is then you spend the silly weekend in the library an on Lexis-Nexis trying to find the answer…

Also check around local law schools. They sometimes hold seminars on such topic that are open to the public. I know we’ve done stuff on the change to Bankruptcy laws last year and I’m not sure what the topic will be this year.

(Orinoco) #28

Was that an actual copyright case or did it involve trade marks, trade secrets or national defense?

(Enjay) #29

i think i can make i parody of say a video game useing the actual likeness of the characters. people do it all the time, and i think as long as you dont make a profit or it is not funded you can do that.

(Orinoco) #30

I think you are going to have to find firmer ground than what you think, if you plan to stay out of trouble.

(Enjay) #31

I

think you are going to have to find firmer ground than what you think, if you plan to stay out of trouble.

then what can i do? its not like i can ask the company, “hey can i make fun of your game in high CG with the real soundtrack, names, emblems, and everything?”

i guess its only okay if you make a little FLASH parody and post it on newgrounds, but if you do something that looks good its illegal. :mad:

man this suxs, i want to make a parody really, really badly, (in CG) but how do i do it without getting blasted with law suits from multiple companies…:frowning: