Copyright infringement

Published on January 1, 2006 By Oxifizzld In 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.

Comments (Page 1)

Sembetu

on Jan 01, 2006

Hopefully this will answer your question.

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

Oxifizzld

on Jan 02, 2006

Okay, thank you

kona0197

on Jan 02, 2006

I don't see why the Guns and Roses bootskin can't be posted. Wouldn't that fall under fan art?

aimzzz

on Jan 02, 2006

How is fan art defined? Does it allow the use of copyrighted images without permission?

kona0197

on Jan 03, 2006

Apparently so as there are many skins on WC using copyrighted images without permission.

Hog56

on Jan 03, 2006

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.

Jafo

on Jan 03, 2006

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.....

Jafo

on Jan 03, 2006

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....

NightTrainthedark

on Jan 03, 2006

Now you do realize Jafo that all of those wallpapers will now be turned inot bootskins and logons?

jebro

on Jan 03, 2006

Jafo:

So, that's the site you're looking at, all day long?
Chicks and chicks and chicks and...

Cavan1

on Jan 03, 2006

The only thing that would imply they are for personal use only is on home page

feel free to download any free desktop background to your computer.

Jafo

on Jan 03, 2006

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...

Hog56

on Jan 03, 2006

Thanks for the explaination, I'm Still not sure I understand but I can live with it,I'll just keep tring, and hope I can come up with a wallpaper that will be accepted.Keep on skinning

scorpio-logic

on Jan 03, 2006

I 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.

Posted via WinCustomize Browser/Stardock Central

SIXX21

on Jan 03, 2006

It would seem to me that to “distribute” would mean to make money by using the art, pic Ect. Most Bands, Movie Studios and such probably don’t mind amateurs providing free publicity using images that have been put out in the public to promote a product. After all ……we are all amateurs here right? Does anyone make any money by submitting a bootskin, logon or wallpaper?

Welcome Guest! Please take the time to register with us.
There are many great features available to you once you register, including:

Richer content, access to many features that are disabled for guests like commenting on the forums.
Access to a great community, with a massive database of many, many areas of interest.
Access to contests & subscription offers like exclusive emails.
It's simple, and FREE!