Hacking (my) online art...

[BolianAuthor]

^

Fair be it. For my end, I have said my part, and will now let the thread run whatever course it will.

 

[AstroSmurf]

Preamble: I am a person with a minor in fine arts that does painting, photography (sometimes professionally,) and 2D/3D computer art with an interest in protecting my own copyrights. And I respect other peeps' desire to do the same.

However, copyright protections may not be the only things in play here.

So, someone needs to ask the elephant-sized question in the room: Would DakotaSmith's photomanip (or sojourner's avatar or BA's avatar or any of the other similar art found here) be considered as an exercise of the right to fair use? Because, contrary to what some have said in this thread and the other one, there are legal times when a person can use your work without permission, sometimes with ultimately huge benefits to the artists in question.

As I said, I have a vested interest in my copyrights but I also work as an instructor for this program, which means I have to balance between another's IP and what is fair use for my students on a daily basis.

Fair Use is a vastly complicated area with many definitions and interpretations. (Which I don't think we want to get into here since Ptrope just asked for us to be civil. ) However, I would classify most avatars as commentary or parodies of the subject in question. Some are technically not fair use but most do fall within that category. The best answer: most avatars would need to be decided on a case by case basis. As a quick example, I would classify mine as fair use. The Smurfs and their image is copyrighted but I am using it in transformative way and as a parody, both falling under fair use. Basically I am using someone else's work as a basis to make a comment and in some ways spoof another work. I also realize many would not see it that way, making things rather difficult. Fair Use, in a lot of cases, is in the eye of the beholder.

As for BA's avatar... it is technically a promotional image issued by the studio. By its nature it was meant for fair use. sojourner's is another story. But if the two images he has pasted together are promotional images it would be fair use. I also see the avatar as a transformitive work, which would also fall under fair use. But I have to point out that NCC-1701 avatar (sorry man) is not fair use. It clearly is borrowing from the Twilight Zone series. Again it is all very subjective... and gives me a headache.

 

[USS Mariner]

Pretentious Chinese philosophy aside...

Pretentious, illiterate asshole aside...

Dude, is this crap necessary in all of your posts?

 

[The Axeman]

Sorry, am I missing something Mariner? Calling someone who points out printing tracts of The Imperial Librarians Tao in a Star Trek forum argument is perhaps a bit ostentatious, is maybe a little strong. I prefer the term concise, maybe even terse, but NOT illiterate. Concise asshole, if you please.

I too have been a victim of copyright theft, and I run checks every now and again to see what's been done with my stuff. I give away much of what I make because I know that there are people out there who use and appreciate it, and because I enjoy helping others. A credit is nice, but I'm not bothered if I dont get one. I get satisfaction from seeing my model or picture being put to use. My commercial commisions are never publicly released.

I did have a guy try to sell my free models via Turbosquid, and he even had the temerity to ask me to make some specific models before he was found out. That wound me up. The very worst incident however, was when a well respected fellow forum member (not this forum I hasten to add) showed up pushing one of my old models as his own.

He'd made it a different colour and altered the proportions very slightly, but it was clearly my model and I gave him a light-hearted post saying maybe I should get at least a minor credit. He went ballistic! He claimed it was all his own work and I was an illiterate asshole for suggesting otherwise. He actually tried to brazen it out, acting injured and appalled at the suggestion. I blew him out of the water with model evidence and properly credit images and screensaver programs that used the model years before he found it. He finally sent me a meek PM admitting that he didn't make it. I publicly posted a reply saying I knew perfectly well that he didn't make it, thank you. Being shafted by a fellow artist hurt way more than being ripped off by a talentless conman. The guy could make good stuff, but got lazy and didn't realise the original artist was posting next to him on the forum.

 

[Ptrope]

Pretentious Chinese philosophy aside...

Pretentious, illiterate asshole aside...

Dude, is this crap necessary in all of your posts?

Congratulations on ignoring my request to keep it civil, and for getting the thread closed. C'mon, guys, this is not that hard to do!