Use of self-made avatars

[Mortugg]

One of the things I like most about OOTS is its drawing style. So I made my own avatar based on that style after finding the Arts and Crafts section in the forum. I have also read the "Avatar & Signature Rules" now and would like to ask about the use of my avatar in other forums.

I understand that I should not copy the art directly, e.g. the characters, but since I used the style of the comic, I am not sure whether this is a modification of copyrighted work. On the other hand, I have even seen some Iron Avatarist contributions which used and altered scenes or characters from the comic.

I draw every line by hand, so there is no direct copy involved and I would like to create some more avatars and perhaps offer them to others. I hope you can help me with all that legal stuff, I really don't want to offend the creator of such a good comic.

[BRC]

It's fine, you can't copyright an art style. Technically, you could create a stick figure webcomic that made fun of DnD rules and make money off of it, provided you wern't actually using OoTS characters or storyline.

[Ego Slayer]

Yeah, what BRC said. I believe the only thing you can't use the characters for here is a webcomic of your own (you can use the style for a webcomic here, though). You can use the characters for avatars, etc.

The style is open to your whim. The majority of the forum uses custom avatars drawn by the slew of avatarists here. Draw as you please!

[Zeta Kai]

I'm sure that if one could copyright vector art, Corel or Adobe would've done so by now.

[Mortugg]

Thank you for your quick and reassuring answers! I'm really glad that this world isn't as restrictive as I feared and I'm really looking forward to honor Rich's great work with some new avatars and share them with you :smallbiggrin:

[insecure]

This (http://www.giantitp.com/forums/showthread.php?t=33589) thread looks ideal for you.

[Chronos]

Use of specific recognizable characters would be covered under trademark law, so if the Giant has trademarked them (he probably has), you couldn't use, say, your own drawing of Elan. This is why you sometimes hear about people getting in trouble for using a picture of Mickey Mouse without Disney's permission. Your avatar doesn't appear to be anyone in particular, though, so that wouldn't apply.

[Mortugg]

Thank you for the hint, insecure. My current avatar took quite a long time, so I think I'll practice with the second one I'm just working on before I disappoint someone in the Request thread. But the link to the Adoption Center in the first post is very interesting. I think I'll post my first attempts there, maybe they can be of use for others, too.

@Chronos: I really paid attention to create a distinct character who can't be found in the comic. It is much more fun to work out my own ideas with my favorite art style than just imitate whole characters :smallwink:

[Zherog]

Use of specific recognizable characters would be covered under trademark law, so if the Giant has trademarked them (he probably has), you couldn't use, say, your own drawing of Elan. This is why you sometimes hear about people getting in trouble for using a picture of Mickey Mouse without Disney's permission. Your avatar doesn't appear to be anyone in particular, though, so that wouldn't apply.

Slight nit pick: Trademarks are similar to copyrights in that you don't have to register them. You just receive more protections if you do. For an example, Rich could claim a trademark on Order of the Stick, whether or not he's actually registered the name.

disclaimer: I am not a lawyer, nor do I play one on TV, so my post above shouldn't be construed as legal advice.

[Ego Slayer]

Use of specific recognizable characters would be covered under trademark law, so if the Giant has trademarked them (he probably has), you couldn't use, say, your own drawing of Elan. This is why you sometimes hear about people getting in trouble for using a picture of Mickey Mouse without Disney's permission. Your avatar doesn't appear to be anyone in particular, though, so that wouldn't apply.
Err, no. I don't think the Giant would restrict the use of his characters as avatars on his own site, provided that they are his unmodified art, or the original art of a Gitper. There are, and have been, many people with specific character avatars, and threads pertaining to the drawing of the OotS cast.

[Chronos]

Err, no. I don't think the Giant would restrict the use of his characters as avatars on his own site, provided that they are his unmodified art, or the original art of a Gitper.Yes, but the OP was asking about using it on other sites, too. And even (or especially) on his own site, the Giant could crack down on portrayals of his characters if he wanted to; he's just chosen not to.

He's also requested that the only artwork of his that people use as avatars be the avatars he's specifically created for the site, not images cropped out of the comics.

[Ego Slayer]

Which is a fairly moot point, just talking about just this forum, since the comic has been going for years with no such "crackdowns". Point stand for other forums though, yes.

Also, that's what I meant by "unmodified"; not a comic crop.

[Trizap]

I have made my own, but its smaller than I intended and doesn't compare to the art of the masters here.

[Shhalahr Windrider]

Slight nit pick: Trademarks are similar to copyrights in that you don't have to register them. You just receive more protections if you do. For an example, Rich could claim a trademark on Order of the Stick, whether or not he's actually registered the name.

disclaimer: I am not a lawyer, nor do I play one on TV, so my post above shouldn't be construed as legal advice.
To my understanding that is correct. In this way lies the fundamental difference between the symbols used:

™ is used for trademarks that have not (yet) been registered.

® is used for registered trademarks.

[Zherog]

™ is used for trademarks that have not (yet) been registered.

® is used for registered trademarks.

Yep, that's my (non-lawyer) understanding as well.

[Firestar27]

To my understanding that is correct. In this way lies the fundamental difference between the symbols used:

™ is used for trademarks that have not (yet) been registered.

® is used for registered trademarks.

That really interesting. That answers one of my many questions. Now on to the next one! "What is the meaning behind pudding?"

I think that Rich has applied (or however you do it) to register his trademark so that he will better protection. But apparently it takes a long time to do that, as the OOTS characters aren't registered yet.

[NerfTW]

Trademarks are used in advertising. As in, if I trademark my brand name, nobody else can use it to advertise a similar product, to prevent brand confusion.

Copyright is automatic and applies to any work upon creation. (In the US, at least) As the name implies, that applies to copying stuff like the artwork.