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 2)

Jafo

on Jan 03, 2006

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...

Jafo

on Jan 03, 2006

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'...

Jafo

on Jan 03, 2006

"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.....

Morpheous416

on Jan 06, 2006

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".

DigitalDanes

on Jan 06, 2006

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

Posted via WinCustomize Browser/Stardock Central

Jafo

on Jan 06, 2006

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

on Jan 06, 2006

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

Reppiks

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 06, 2006

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

on Jan 07, 2006

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...

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!