Using artist's artwork without permission.

[jesh66]

Hi,

I’m writing this to explain how important it is to ask permission before
taking an artist’s work (skins, interfaces, graphics etc) and creating an
Xfire skin out of it.

Most of the time the artists are accessible and open to a “port� of their work to different software formats. It’s a chance to see their original work flourish and expand farther than they had originally planned.

What they do not like, is to have their work “stolen� or used without
permission. These artists spend long days and nights creating their works
of art and deserve the consideration of granting permission to port their
work into the Xfire skin format.

If you have not asked an artist for permission or they have said no or have not responded, then you do not have the right to modify, display and distribute their work.

From About.com: "Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device"

Link: http://inventors.about.com/cs/copyri...Copyrights.htm

We create skins for a living and I’m very serious about protecting the quality of work and our client’s copyrights. So please don’t ask to port Skins Factory skins into Xfire. If it’s going to happen it will happen in-house by us or by a sanctioned artist. In regards to other skinners - most will be flattered that you want to use their work but will request that they be given due credit for the original art and typically will want a link.

We have some really nice Xfire skins coming out soon. One for nVidia that we’re sure will be a fave among the Xfire gamers and a double port of our Alienware AlienMorph Series which you can see on our site at www.theskinsfactory.com

Just remember- it’s about respect. If you like the art enough to want to make an Xfire skin out of it, then give that artist the respect and get their blessing first. If it was you – how would you feel?

regards,

Jesh66
The Skins Factory

[gorgeroth]

Yes I agree completely. So don't go stealing ppls artwork...

[killerclown73]

Ya mon thats just str8 sheeet if ya ask ya frigin posers !!

[jimmyt2003]

hey i give permission to use mine but please pm me with your results!
and keep my website address on please

Skin pic 1

Skin pic 2

[dere33]

sorry if I seem a bit disagreeable, but just because one creates a skin, any clients of that skin are not bound by your imaginary rules relegating the modification of any such skin. While I do agree obtaining the respect and grace of an origonal skin maker to mod their skin, they are in no legal obligation to do so as none such has been provided for their use. To suggest that one who aquires a license to something doesn't have the right to modify it to his likeings is seriously just flagrant BS and should be reviewed for pruning. While it sucks if all you wanted was a spot in the limelight, when someone gets your skin, mods it and makes it better. But to suggest what you did is not helping the scene but slowing it down by misinforming people of extra redtape (of what legal standing that backs you is an About.com site) that isn't nessacary.

My word: like a skin? Want a mod or think it could be better? Get busy! If you wanna mass distribute it, at least try to get the blessings of the mod maker, but don't listen to About.com or any of their deciples on the issue.

That is all.

-Genocide

That whole copyrighted from the moment of its inception, as everyone knows, is crap as anyone that can prove they had the idea seconds earlier can obtain the rights and further more, skins without licenses do not fall under some sort of modification law or anything. Microsoft even has tried to establish such a law or define grey area, and they hardly "won".

[uul]

Jeezzz, we put a lot of work in these things. we try to make it the best one out there, and who cares if it isn't, you made something you can be proud of. So don't start about making a skin better, you can't make a skin better (mostly), the skinmaker made it the way he likes, respect that.

If you want to mod a skin, ask the author if you are allowed to, and don't publish it if the author doesn't want to, or without asking the author.

So just stop this b**ls**t, why are you flaming people in your first post, you're not making yourself popular this way.

Hope you people understand.

~UUL

[akawars]

hey i give permission to use mine but please pm me with your results!
and keep my website address on please

Skin pic 1

Skin pic 2

Man nice skins

[evilpimpa24]

read the date of that post.
october
i would post about it

[5mithy]

gggg

[majorpita]

Well I've always looked at it like this...................You can use anything of mine that you like, give me credit or not, really don't matter. It's actually a compliment if you stop & think about it. It just means they found your work good enough to use. :wink:

[pyroprizm]

I want to modify a the brother in arms skin for my clan. who do i ask? i want permission but cant find out how to ask

Thank you

Fusi0n

[xcrazyfoolx]

how do i get my xfire thing below all my posts?

[plannb23]

I have made a skin and actually dont care what happens to it because I didnt make it for just me. For those of you who want to play lawyer out there you might want to look into Coypright law a bit more then just to quote some random source.

Copyrights are there to keep people from MAKING MONEY off something that you invented. Your skins are not being sold are not for profit and therefore fall under the "Fair Use"

4. the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use� and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.�

Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use� would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered “fair� nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

[uul]

Who said skins aren't being sold? The Skins Factory is a company specialized in skinning, they don't make skins "just for fun", it's their income.
The Nvidia skin for example was made by TSF, if someone would modify it, I'm pretty sure it wouldn't look that good, or the way TSF and Nvidia would want it to look like. The Nvidia skin is marketing for Nvidia (or whatever you want to call it).
The copyright thing is a discussion for a long time now. Try to search for "copyright" on http://forums.winamp.com, I got 2162 topics when I searched.

-UUL

[plannb23]

What is your point? Just because copyright's are being discussed doesnt mean anything. And I can EDIT any image I want for my personal use without infringing on ANY COPYRIGHT law UUL.

And if you could please show me where people are SELLING their skins to members of XFire I would appreciate it. Saying that they are being sold is nothing more then words. I would like to see a proof positive fact that I have to buy a skin from someone to use it on my XFire system.

And what does Winamp have to do with XFire?

[uul]

Nothing, it's just that the copyright on skins/images/whatever has been a discussion for many many years now, without a clear result. And I'm not saying xfire users have to pay for their skins, the companies like Nvidia are paying skinners to make skins for them, so the xfire users can use them. Those companies pay serious amounts of $$$ for skins and don't want someone to make changes to it.
Also, I'm not saying you can edit excisting skins for personal use, but you have to keep them personal, I never said you aren't allowed to make changes, just don't publish or send it to other people.

-UUL

[plannb23]

your whole argument is incorrect!

I can pay someone a million dollars to MAKE something for anything I want. That does not make it a copyright infringement if I modify it and share it as the entire product was already a free product. Again "Free and Fair" is there to keep people from making something and then claiming that NO ONE else can make it. I have not infringed on NVidia's right to have their skin nor did i infringe on their right to make money as they were not making money from it to begin with. Stop being so short sighted and such a glory hound.

"Imitation is the most sincerest form of flattery"


Not to mention unless you are a lawyer you should really consult one and stop spewing this legal crap all over the place. Intellectrual property copyrights are the most difficult thing to prove as there is no viable means to show at how you arrived at that image. If I deviate from your process 1 small amount then I have actually created something COMPLETELY NEW and therefore it doesnt fall under copyright law either.

And if you are a lawyer shame on you for putting out completely false information in the hopes of scaring others away from your material.

[avicuspsk]

I think where you are missing the point Planb. The poing is that skin designs are the property of the artist.

As a photographer, anything that I take is my property. And if I find someone repoducing my work without my permission for profit then you bet there will be words.

Now I understand your argument that there is no money changing hands here. And that if someone took my design for BF2 and turned it into another skin simply by replacing the Logo, there is nothing legally I can do.

But don't make the mistake thinking that my design and artwork is not copyright-able.

Now I am sure you going to get into the whole arguement of people that make prints and copies, and like paintings that they are able to get away with it. And yes there is Free Domain items, which our skins would probably qualify for.

But the main point of this entire thread is that you should not take someone's work and claim it as your own simply by making a few changes. This is a VERY small community, and if you tried passing something off one of my works or anyone else's as your own, then there would be little to no help for you in the future on your xfire skins. (not point the finger at you just using "you" b/c I'm debating your points)

Gun's site is about the only site that has hosting of skins, and I am more than certain that he would not host it. Of course one could host it themselves, such as I have on my clan skins, but then you would be limited to trying to get their skin out there. Publicity would only come in the way of posting on this forums (since this is where one would come to get info on skins) and I bet the farm that there would be more flames for the stolen design than there would be props for it.

And as a designer I am a little miffed that you would even post this. Are you for stealing other peoples ideas? What if someone took your Guildwar skin and changed it to WOW and didn't mention you at all?
If that is ok for them to do and you have no problem, then that is your choice. But it is my, UUL and a lot of other designers that think you need our permission to use our designs if not for legal reason then out of decent respect for the community.

[uul]

Nicely said Avicus

*No, I'm not a laywer

[plannb23]

First off I dont like the accusation of stealing. Thats poor and I'd like it if you appologized for accusing me of stealing. My bad misread. Spoke with avacus about this out of chat.

Nope I wouldnt mind at all because I didnt make the skin to produce it so that only I could benefit from it and if someone else thought. Man that GuildWars skin would rock if it had some WOW stuff in it then let them. In ot advocating that people should steal someones Ideas. But to run around here and tell people that something you made for the entire populous of XFIRE users is copywritten and they cannnot change it and let anyone else use it is completely absurd.

Again I do not condone stealing someones ideas but that being said if you are going to tell me that every game you play isnt a borrowed idea or anyone playing a MMORPG or an RPG isnt borrowed from a Copywritten material you are incrorrect.

These skins are for the public and do fall under the fair use piece of copyright law. If someone wants to modify that image then so be it. You cannot copyright squares and circles and triangles only the manner in which they are sorted on the the canvas.

This is not the same as taking a picture. If you take a picture of an apple on a table then that picture which only applys to that apple on that table is copywritten. If I want to take that exact same table and another apple and put them in front of a river and take that picture I have not infringed on your copyright on your picture what so ever.

Again this is about people seeking glory for something that they have made for an entire gaming populous to use. Stop seeking the glory and for one minute think about why you made the skin. To some how in some form or manner to make the people who play that game happy. If they arent happy with your skin, why shouldnt they be allowed to modify it to a form that suits them and why should they have to ask me to modify a skin that I designed for them to use, to be able to design it in a manner that they would like. If you want credit fine. But all this Hulla-ba-loo over something that is considered freeware is just plain stupid.

Avicus, UUL. You dont have to agree with me. I personally dont care. All I am saying is that if you dont want someone to use your artwork or your hard earned time. Then don't make it. I personally made this to help out those people playing GW and nothing more.

Sit down and think about why you are making these products? For Fun? For other people? Or for yourself? If its the later stop. If its for the first couple, then just relax its in everyones best interst here to have a good time and be able to use XFire in a manner that suits them. If that means editing images in your skin so be it. But again GLORY is the wrong reason to be here.

And as a designer I am a little miffed that you would even post this. Are you for stealing other peoples ideas? What if someone took your Guildwar skin and changed it to WOW and didn't mention you at all?
If that is ok for them to do and you have no problem, then that is your choice. But it is my, UUL and a lot of other designers that think you need our permission to use our designs if not for legal reason then out of decent respect for the community.