Copyright

[Ichneumon]

Now, I have a few copyright questions and hope anyone here can answer them. Let's take some examples of theoretical avatars...

Now, if I take for example the following image:

http://bulbapedia.bulbagarden.net/wiki/Image:Spr_1b_150.png

and turn it into this:

http://img90.imageshack.us/img90/8445/mewtwosy2.png

And use it as an avatar, would it be illegal?

The same goes for:

http://en.wikipedia.org/wiki/Image:Hoplite1.gif

I am a bit uncertain about how these copyrights work. I know you can't just copy someone's work and use it as an avatar, that would be illegal, and it should be, but the Hoplite is "in the public domain", I do not know what that means, and mewtwo is on wikipedia and I can't find any copyright notice.

[Reinboom]

The first link is restricted.

The Mewtwo appears to be a sprite taken from a game. If so, you need to check nintendo's copyright.

Most likely, no, you can't use it legally. Though, they may have just an attribution notice.

The hoplite is public domain. Do whatever you want with it.
You can do nearly whatever except claim the original as yours, I believe.

From nintendo.com

May I use Nintendo games/music/graphics/web site contents?


We appreciate the interest in Nintendo and in all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.

"Nintendo" is a registered trademark of Nintendo of America Inc. Nintendo owns extensive intellectual property rights in all of its products, including video game systems, game titles, characters, game software, graphics, artwork, and screen shots. Nintendo also retains rights in content on Nintendo's web sites, including articles, artwork, screen shots and other files. Trademarks and copyrights for third-party games and characters are owned by the companies that market or license those products.

While we are grateful for all the requests for permission to use Nintendo properties, we are not able to grant such requests. We receive thousands of requests and we do not have adequate staffing to review them all. Therefore, our general policy is to decline requests for permission for the use of Nintendo properties.

Although we are not able to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved. Thus, we encourage you to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. Nintendo cannot provide legal advice.

We appreciate your support.

[Haruki-kun]

Well, it's a complicated thing. Supposedly, this type of thing falls under the fair use rule, but it depends on exactly what you're going to do with it.

[Reinboom]

Well, it's a complicated thing. Supposedly, this type of thing falls under the fair use rule, but it depends on exactly what you're going to do with it.

Not at all.

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

This should help:
http://www.copyright.gov/title17/92chap1.html#113

[SpiderMew]

Ive been a double coppy right infrengement for a long time now.
Marvel and Nintedo have never contacted me asking me to take down my stuff.

I dont think they care because im not getting rich off of selling products using mew or spiderman.

I tryed to make a spidermew t-shrit once on zazzle.com and they wouldnt because of the images.

But using stuff for an avatar, no one is going to care.

Also if something is under public domain, that means anyone can use it because it cant be coppyrighted anymore.

[thubby]

if you don't profit (i.e selling the images), or aren't cheating someone out of money by doing it(if someone else is legally selling them), it's fine. so avatar away!

[Reinboom]

Right. Nintendo won't care.
They just won't make an official "yes" due to legal complications.

The only company that I have found that gives a notice that all you have to do is link and attribute is TYPE-MOON. And that may have just been Japanese law anyways...

You should be fine.
Except not now that you have said something. :smalltongue:

[BlackStaticWolf]

With respect to the quoted section of the US Code...

It may surprise you but, despite how clear the language of that section may appear to be... the actuality is NOT. The section raises several questions that it does not answer. For example... what is the meaning of scholarship under that law? What about research? What exactly are comment and criticism, and how does defamation law factor into the equation?

Now... with respect to the OP's question...

With the caveats that am I not your lawyer and this is not to be taken as final legal advice... most avatars are arguably violations of copyright law.

However, the holders generally don't care if you use their material in such a way. It's not worth their time or money to pursue litigation against random people on the internet who aren't trying to pass the work off as their own, and the use of such artwork tends to act in a similar fashion to viral marketing. They will never, however, grant you permission to use their stuff... for anything.

As a practical matter, you should be fine. Just don't try to profit from it in any way.

[Gaelbert]

What BlackStaticWolf said. There are a very very large amounts of Nintendo fangames produced, I can name off at least 10 from the Zelda series alone, and I don't think Nintendo has ever had a problem with them./ So, it might not be strictly allowed, but you probably wouldn't be punished for it.

[Reinboom]

What BlackStaticWolf said. There are a very very large amounts of Nintendo fangames produced, I can name off at least 10 from the Zelda series alone, and I don't think Nintendo has ever had a problem with them./ So, it might not be strictly allowed, but you probably wouldn't be punished for it.

OpenZelda was killed. :smalltongue:
correction* : OpenZelda is not allowed to use official sprites with the main program. You have to get them seperately.

So, more or less killed. :smalltongue:

Double correction* : OpenZelda is 'dead' (since 2002 ish), however, it apparently has a bunch of new fan sites keeping it alive despite it being killed. :smallconfused:

[Gaelbert]

OpenZelda? Never heard of it. I just know of a forum whose main focus is producing Zelda fangames and other Nintendo stuff. They all have the utmost respect for Nintendo, and none of it takes away from the sales at all.

[SpiderMew]

Yeah all the online pokemon games have been totaly shut down.
Makes me wish they would just make an offical pokemon mmo already...
Yeah... avatars are fine, online games not so much

[wadledo]

SweetRein, this is why you're awesome.:smallredface: :smallbiggrin: :smalltongue:

[Bor the Barbarian Monk]

Just a word of warning: whatever you do, DON'T MESS WITH DISNEY! :smalleek:

True story: I used to work part time at a book store, and there was a little pizza place nearby that I could hit for lunch. They had Disney characters painted on the wall for atmosphere. Mickey, Minnie, Pluto, etc. Harmless, right?

Well, apparently an employee from the Disney Store caught sight of the decorations, and for whatever reason decided to report this to Disney headquarters.

I went in for lunch one day to find great white splotches painted over the Disney characters. When I asked what happened, I was told the owner received a legal warning to remove them or Disney would sue him into non-existence. :smalleek:

[Reinboom]

Just a word of warning: whatever you do, DON'T MESS WITH DISNEY! :smalleek:

True story: I used to work part time at a book store, and there was a little pizza place nearby that I could hit for lunch. They had Disney characters painted on the wall for atmosphere. Mickey, Minnie, Pluto, etc. Harmless, right?

Well, apparently an employee from the Disney Store caught sight of the decorations, and for whatever reason decided to report this to Disney headquarters.

I went in for lunch one day to find great white splotches painted over the Disney characters. When I asked what happened, I was told the owner received a legal warning to remove them or Disney would sue him into non-existence. :smalleek:

Disney are the main ones who push U.S. copyright law to be extended after the death of an author. That's a constant battle.
They have probably become very very uptight in the legal department, understandably. :smalltongue:

I just wouldn't worry about Nintendo. They enjoy their fan base. Every fan site is further promotion.


SweetRein, this is why you're awesome.:smallredface: :smallbiggrin: :smalltongue:

:smallredface:

[unstattedCommoner]

Just a word of warning: whatever you do, DON'T MESS WITH DISNEY! :smalleek:


"Principal Skinner, 'the happiest place on Earth' is a registered Disney copyright."

...

"Copyright expired."

[someonenonotyou]

i have a question say i want to get something copyrighted how would i do that?

[Metal Head]

Simply say that it's copyrighted, or just put the copyright symbol after it. There is no official process. You just say that it's copyrighted, and it is.

[Reinboom]

Simply say that it's copyrighted, or just put the copyright symbol after it. There is no official process. You just say that it's copyrighted, and it is.

Note quite...
Actually, you don't even need to put a copyright symbol on it. It's yours the moment you make it.

The issue? Proving it.

For that, go through your countries registration process.
Here: http://www.copyright.gov/ for the U.S. one.

[someonenonotyou]

really thats it??? it thought there was this big long legal prossese cool

[SpiderMew]

really thats it??? it thought there was this big long legal prossese cool

I think thats only for trademarks and pattents

[Bor the Barbarian Monk]

Or you could go here: http://www.copyright.gov/

Technically, your work is copyrighted the moment you write it, but filling out the forms and paying the fees makes is OFFICIALLY legal and stuff.

[Reinboom]

Or you could go here: http://www.copyright.gov/

Technically, your work is copyrighted the moment you write it, but filling out the forms and paying the fees makes is OFFICIALLY legal and stuff.

(psst... you just said what I said a couple of posts ago. Just so you know. :smalltongue: )


I think thats only for trademarks and pattents

Yes. Though, it's not that big of a legal process for those either, if I recall right.