Is permission needed to use someone's online persona as an avatar?

[happyturtle]

From the Halloween Avatar thread:


Use this thread for discussing, soliciting, and showing off your Halloween avatars. Remember, if you dress up like another playgrounder, you need their permission.




As far as I know, this is untrue.

I'd just like this clarified, since kpenguin's post was not in red mod text and didn't seem definitive. I had assumed that "dressing up" as another forum goer would be similar to using their forum identity in fiction, which was previously established as requiring their permission. I know that personally, I would be unhappy if someone used an avatar that was intended to be me without my permission, especially if it showed 'me' in a harem costume or nude with censor bars or the like.

[Rawhide]

The original quote by you is a little ambiguous. What do you mean by "another playgrounder" and what do you mean "dress up"? If you're referring to modifying original artwork used by another playgrounder, then the general copyright restrictions would most likely apply.

Generally, anything based on another person's work, such as fan art, is considered derivative work. The person who has created the derivative work holds the copyright to that derivative work, but so does the copyright holder of the original work. Derivative work cannot be used by anyone without the express permission of both the person who made the derivative work and the person who made the original work (or whoever they have passed ownership to). So yes, derivative work would most likely require permission (I am, however, not going to go into all the legal issues involved here or give any legal advice whatsoever).

For commissioned work, it is up to the requester and artist to decide who retains control or if control is shared.

For general politeness, and to be certain you won't run into any issues, it is best to ask permission of both anyway.

[happyturtle]

I didn't explain it well. Here's part of the thread from last year, which might help:


This is Kpenguin's idea so I won't take credit for it

The idea kpenguin had is to have our avvies dress up as other people's avvies. Sort of like Mistaken Identity Week, but instead of swapping avvies you change your avvie to look like they're obviously wearing a costume of some other playgrounder.

kpenguin, for instance, dressed up as VT and Serp respectively.
http://i174.photobucket.com/albums/w118/kpenguin222/Avatars/kpenguin_VT.gifhttp://i174.photobucket.com/albums/w118/kpenguin222/Avatars/kpenguin_serp.gif

and I, for instance, dressed up as Phase and Dogmantra respectively.
http://i27.tinypic.com/330wt35.pnghttp://i28.tinypic.com/2yzbr40.png


To take the first example, could kpenguin dress up as Vorpal Tribble if VT did not give him permission?

[Rawhide]

I am far from qualified to make a legal assessment on that. But, if a complaint was made, I would remove the avatar in question until the issue was resolved.

[Lord_Gareth]

I assume, then, that the forum rules make no statement on such an action?

[happyturtle]

I am not asking about legal stuff. I mean 'is is allowed on the forums'? :smalltongue:

I assumed permission would be needed, just like permission was needed to use someone in the now departed shipfic thread, but when kpenguin said he didn't think that was the case, I brought the question here for a mod answer.

[Haruki-kun]

I assume, then, that the forum rules make no statement on such an action?

I don't think they included a "using your avatar to reference someone else's" rule. :smalltongue:

Well, we usually ask to be polite, I guess.

[The Vorpal Tribble]

I don't think they included a "using your avatar to reference someone else's" rule. :smalltongue:

Well, we usually ask to be polite, I guess.
Yeah, pretty much. I mean, seriously, wearing a furry lump on your head with glasses isn't going to hold in court as stealing from me. Puh-leeze.

Even if I wanted to be an a-hat, it may be my avatar, but it's not drawn by me, so I still couldn't do a thing. It's the artist's deal.

[Djinn_in_Tonic]

Yeah, pretty much. I mean, seriously, wearing a furry lump on your head with glasses isn't going to hold in court as stealing from me. Puh-leeze.

Even if I wanted to be an a-hat, it may be my avatar, but it's not drawn by me, so I still couldn't do a thing. It's the artist's deal.

Probably best to ask though the original artist though, if possible. I, for example, wouldn't take kindly to someone taking and altering my artwork (my avatar, that is...the avatars I do for others I'm not as worried about). Someone taking it and drawing their own version as a costume? That I'd find hilarious, although I'd still hope they'd ask before doing so.

[Elder Tsofu]

That I'd find hilarious, although I'd still hope they'd ask before doing so.

If nothing else to be able to see the result. :smallbiggrin:

[Roland St. Jude]

Sheriff: I think we've reached a resolution here. Ask permission and, if done without permission, remove the work if asked by the current avatar user or the artist of the avatar. Not so much because of legal or Forum Rules problems, though those may exist, but because it's the kind of civil thing we do here.