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Copyrighted stuff

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Post by AtoliSky August 3rd 2007, 7:58 pm

OK this is very long. I'm sorry ^^;;;
I know, I know. There are already a lot of threads about this. But I'm still a little confused. I know you can't use something copyrighted or else you face the consequences, but still, there's a thread in " Tricks and Tips" called Skins, ranks, avatars, smilies, folder images for your board. It has a website where you can get neat avatars: http://www.phpbb-design.com/templates/
I was like, neat! I don't have to worry about copyright issues! But the stuff there is all the same as in other sites. The person who made that site didn't make those avatars. I still see the same anime avatars that are copyrighted. So what exactly is the rule here? CAN you use an avatar that was made by some anime artist? According to the "Plagiarism, Image theft, Copyright, royalties..." thread, no, but according to the "Skins, ranks, avatars, smilies, folder images for your board" it's OK, as long as it's from that site. Does that mean that in certain sites it's OK to use that avatar?
I see avatars all the time that the person themselves didn't make. They take a picture of some character they like, and then crop up the head and use it. I see it all the time in other forums. It's all so confusing. I can understand how it's bad to steal a picture from someone who made it, but when it's something like an anime character, is it really all that bad? Everywhere you see Naruto, Bleach, etc avatars, and they don't get in trouble. ( That I know of.) Anyways, wouldn't someone like a anime artist be flattered to see their works all over the Internet? Especially if it's directly from the official website, where they seem to practically beg you to take their wallpapers since it's right there?
Like I said, I understand that you shouldn't steal something someone spent hours on because you can't draw...but stuff like anime avatars, other Tv show avatars, and game avatars? Isn't that supposed to be everywhere?


OK, sorry for my long rant. And I don't want to seem bad; if it's illegal I won't do it. It's just a thought.
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Post by Max™ August 4th 2007, 1:26 am

ok you mensioned avatars etc,
if you look at sites that offer tree avatars & graphics that are not signed, that's ok as far as im aware, always look for a copyright at the bottom of a page in case its there, but when a site advertises free stuff its is normally unsigned.
when they offer free stuff as long as you take membership, that is normally free & signed.
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Post by AtoliSky August 4th 2007, 3:27 am

That sort of makes since...I don't know. I think it's still confusing, and I'm not too sure about it, because there's also the fact that in the thread " Music on your forums" there's a link to: http://search.windowsmedia.com/search/search.aspx They didn't make that music either. So...isn't that technically illegal too?
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Post by Max™ August 4th 2007, 12:18 pm

adding a link to a site is normmaly ok, its adding the content itself to your site is illegal, if its linked, it takes people back to them.. traffic for them.. more potential customers
having the content on yours not a link is piracy/illegal

Edit:
what i did do was, some infomation in mine i gainned pemission in writing from the other party to display the content on condition it has a link back to his site. that is perfectly leagal
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Post by Cornelia August 4th 2007, 8:05 pm

Hello.

I will contact Roadhog so he will answer here. He became juridical consultant on the French side today.

We plan to open a juridical section here on the English side. We don't know when it will open, but once everything will be ready, this will be announced.
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Post by Roadhog August 4th 2007, 11:28 pm

Hello there !! It's not this difficult in fact, you can actually use every picture you want unless they are protected by this sign => ® which means that what ever it is, is under a patent or if it's protected by this sign => © means that the subject is protected under Copyright.

In those case you will not be able; and that in any case, to use the subject or what ever that could be. But you can always ask to the author to use the picture, music, subject or support you would like to use. Now what has to be known about Copyright and author right are in the next lines explained more precisely.

So .... What Works Are Protected?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”
What Is Not Protected by Copyright?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

* Works that have not been fixed in a tangible form of expres​sion(for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
* Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
* Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
* Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).

Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:

1. a work prepared by an employee within the scope of his or her employment; or
2. a work specially ordered or commissioned for use as:
* a contribution to a collective work
* a part of a motion picture or other audiovisual work
* a translation
* a supplementary work
* a compilation
* an instructional text
* a test
* answer material for a test
* an atlas

if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

To finish, if your not sure about the works being protected or not, do a bit of research just in case the work is under an intellectual property that has no sign to identify it, but that has the same "power" of protection than the Copyright. Links are not forbidden on the forums if those doesn't bring you to some kind of pornographic website or alike those.


So to resume, what ever you do, always think to ask the original author to know if you can use his stuff according to the international internet laws.
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Post by AtoliSky August 5th 2007, 5:12 am

Wow! ^^;
Thanks, Max, for trying to explain. Thanks Katt, for bringing Roadhog, and thanks Roadhog, for the thorough explanation on copyrights! That helps a lot! I am so very thankful! It was really confusing for me, but I think I will have problems with it. I just wish I could thank you more >.<
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Post by Roadhog August 5th 2007, 11:15 am

AtoliSky wrote: I just wish I could thank you more >.<
It's not necessary, If I helped you then I'm happy and just a little thanks from you is enough. Wink
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Post by AtoliSky August 9th 2007, 1:12 am

Aww, thanks again~!
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Post by kostas July 25th 2010, 9:35 am

mmm nc! blackeye
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