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  1. #1
    Alien Cat of Doom Taelune's Avatar
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    Commission Legality Q & A



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    Sentimental Machine Fiz's Avatar

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  3. #3
    Alien Cat of Doom Taelune's Avatar
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  4. #4
    Retired Staff Tiger's Avatar
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    First: I'm basing this post as if the template with which you created your animation with is the original artwork and the person who drew the template and put it up for use is the copyright owner. I'm confused as to whether the Pikachu animation came first and someone took the frames from that and made the template or if the template was created first and the Pikachu animation used that given template. Even so, copyright and fair use laws apply. (By the way, I'm going off of what I have read and what I was taught in my publishing class. If anyone disagrees with my reasoning please let me know!).

    Now then. There's copyright and then there's fair use. Fair use is essentially the policy/law that is referred to in situations where the copyrighted material can be used with the permission of the creator. In this situation, we're looking at how fair use applies to you using that template as a way to make a profit and whether or not it would be copyright infringement.

    Here's a quick, simple definition of copyright:
    Quote Originally Posted by cssj.edu site
    Copyright grants the author of the work the legal right to determine how or whether the work will be reproduced, distributed, displayed, or performed, as well as the right to produce derivative works based on the original.
    What rights does the original creator of the template have? These:

    Quote Originally Posted by UMUC site
    Copyright provides authors fairly substantial control over their work. The four basic protections are:
    The right to make copies of the work.
    The right to sell or otherwise distribute copies of the work.
    The right to prepare new works based on the protected work.
    The right to perform the protected work (such as a stage play or painting) in public (U.S. Copyright Office, 2008, p. 1).
    Since you're not the owner of the copyright, you don't have the to do -most- of the above- BUT look at #3. There are certain ways to get around the copyright and use the work in ways the do not require permission from the creator. The question is, does you selling these icons count as fair use and not copyright infringement? Can you legally get around the copyright and sell the icons you make?

    Quote Originally Posted by lawyers.com site
    Copyright law gives the author or owner of a work the right to control reproduction, distribution, adaptation, public performance, public display and translations into other languages or other media.
    ...
    If you infringe on someone’s copyright, that means you’re violating copyright law by using material without the owner’s permission...Even content created on the internet is subject to copyright laws.
    The template has a copyright on it. But wait, the template was provided free for people to use. That may be so, but the intent of the work is NOT for profit. The author (well, artist) who created it has the right to control how it's used. If you're not using it the way the artist allows, it's infringement. You have permission to create your own icon from that template, but you do not have permission to use and -sell- it. And to reiterate, everything on the Internet is protected by copyright; it's not a completely public domain (though there are sites where content is specifically allowed for public domain). But in general, it's allll copyrighted.

    Let's go back to the question if you can sell this icons under fair use.

    Quote Originally Posted by lawyer site
    In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

    The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    The nature of the copyrighted work;
    The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    The effect of the use upon the potential market for or value of the copyrighted work.
    1. The purpose of the template is nonprofit.
    2. It's allowed to be re-used by other people, but again, it's specifically not for profit.
    3. As it is the base for an animation, I think it's safe to say that the original template does the majority of the work (other artists pretty much just add colors and maybe accessories to it.
    4. I interpret this as meaning that although it is free to use, it's not meant to be sold on a market (with the owner having the exclusive rights to sell it). Therefore, it's infringement of copyright and not fair use.

    SORRY FOR LONG POST. But I wanted to throw some facts about the laws surrounding copyright to make a point. In what I have read and basing my thoughts on the examples stated above, you would indeed by infringing on copyright if you were to sell these icons. You are, however, allowed to use the template, non-profit, for yourself to color.

    These are the sites I have referred to:
    http://www.ccsj.edu/blackboard/BB%20...t_fair_use.pdf
    http://www.umuc.edu/library/libhow/copyright.cfm
    http://blogs.lawyers.com/2011/02/fai...-the-internet/

    I highly recommend going to the UMUC site to read more in-depth about copyright and fair use. It looks long, but a lot of it is in regards to what the schools allow as fair use. Just red the first two sections as they are about the laws themselves and not specifically the university's policies.
    Last edited by Tiger; 08-23-2012 at 02:04 PM.

  5. #5
    Premium User Tom Purdom's Avatar
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    It's a pleasure to see people taking copyright seriously. I'm a writer and I sometimes get the impression the Web is crowded with people who think they can do anything they want and copyright should be abolished. Without copyright, writers would have nothing to sell. And that applies to people in many of the other arts, too. I think the fourth consideration in that list is particularly important. Many people think it's ok to violate copyright if you aren't making any money yourself. But you can ruin someone else's opportunity to make money if you go around giving their stuff away.

    I'm especially cheered by the expressions of respect for the ethics of copyright--for the spirit of the law and its purpose.

  6. #6
    I don't think it's very ethical to use someone else's template for profit and sales. You could at least see if you can find the original maker and get permission.

    Alternatively, what might be good for some practice is to make your own template in your own style. You could eyeball the poses yourself and draw them free-hand. It can also make for a good exercise and practice.

    I sometimes try to copy motions by seeing how people do them frame by frame and redrawing it myself from scratch. I actually find this to be ethically okay if given credit, but also I see them as a learning tool and using observation.

  7. #7
    Regular oneandonly's Avatar
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    Copyright? No thank you.

    Creative Commons for life. I'M REPPIN' IT!

  8. #8
    Alien Cat of Doom Taelune's Avatar
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    Quote Originally Posted by Wuvvums View Post
    I don't think it's very ethical to use someone else's template for profit and sales. You could at least see if you can find the original maker and get permission.

    Alternatively, what might be good for some practice is to make your own template in your own style. You could eyeball the poses yourself and draw them free-hand. It can also make for a good exercise and practice.

    I sometimes try to copy motions by seeing how people do them frame by frame and redrawing it myself from scratch. I actually find this to be ethically okay if given credit, but also I see them as a learning tool and using observation.
    Uhmm yeeeeeahhh, if you read carefully it wasn't like I wanted to just open up for commissions on these. People were just bombarding me to make one for them, and offered to pay. (I just wanted a little peace, and if it got me money, sweet)
    EVEN THOUGH I STATED I WASN'T THE ORIGINAL ARTIST. I'm may not be the best artist in the world, but I do have my pride when it comes to my originality.

    And if you ready my other posts in this thread you'd have scene that I opted to deny such requests of getting paid to color line art for people. It would never be like I was claiming something as my own in the first place, and I usually only use animations for my personal icons anyway. You should go check out my galleries some time. :3
    Last edited by Taelune; 08-26-2012 at 12:27 AM.


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  9. #9
    (I just wanted a little peace, and if it got me money, sweet)
    How does this not imply that you were going to open up commissions for these? I was just mostly answering the first post where you directly asked if it was copyright infringement anyways, pointing out the ethical side and all and just giving advice.

    And I still don't see why you can't try making your own template if you understand how to edit icons, and you can draw on your own. You were saying that edits were easy enough, so if you made your own material then you could edit it whenever you please and have some more resources.

    I also didn't think I'd have to go digging through your gallery to get what this thread is about, or your forum threads and past posts. You might have meant well in that suggestion, but it implies that we all have the time to track what you do online.
    Last edited by Wuvvums; 08-26-2012 at 08:52 AM.

  10. #10
    Alien Cat of Doom Taelune's Avatar
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    Quote Originally Posted by Wuvvums View Post
    How does this not imply that you were going to open up commissions for these? I was just mostly answering the first post where you directly asked if it was copyright infringement anyways, pointing out the ethical side and all and just giving advice.

    And I still don't see why you can't try making your own template if you understand how to edit icons, and you can draw on your own. You were saying that edits were easy enough, so if you made your own material then you could edit it whenever you please and have some more resources.

    I also didn't think I'd have to go digging through your gallery to get what this thread is about, or your forum threads and past posts. You might have meant well in that suggestion, but it implies that we all have the time to track what you do online.
    I never said I would offer these as commissions, just agree to people that asked for them. I'm not in a mindset at all to open up for commissions.

    And to you last statement, you also need to understand that some of us actually do have the time to listen to someone else's suggestion when they are feeling insulted or threatened by someone else's post. :3

    and I'm sorry if my other comment seemed a little aggressive. I really do, I was drinking that night while I was checking my messages. >//<

    -just read her own posts as well-


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