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sheldonjuan 10-13-2003 04:43 PM

is it stealing if.....
 
my graphic design instructor at internet school told me that if you take an image an alter it 20% (filter, creative additions, etc) than its ok to use it on your site.

what are your thoughts?

ThePornPusher 10-13-2003 04:44 PM

How would you determine that it is altered 20%?

JSA Matt 10-13-2003 04:44 PM

Quote:

Originally posted by ThePornPusher
How would you determine that it is altered 20%?
Was just about to say the exact same thing :)

InsaneGreen 10-13-2003 04:46 PM

Quote:

Originally posted by ThePornPusher
How would you determine that it is altered 20%?
20% of the image area is not the same as the original.... lol

brand0n 10-13-2003 04:47 PM

copy cat, make your own shit

doober 10-13-2003 05:29 PM

Quote:

Originally posted by brand0n
copy cat, make your own shit
:1orglaugh

JDog 10-13-2003 06:04 PM

I thought it was 40%, I know that if you change a writing 40% you could use it as yours. I thought it was just common everything had to bechanged 40%

I was always told something like that, or school told me that! Who knows, I stick to creating my own shit!

jDoG

Stud Money 10-13-2003 06:06 PM

I think this law varies from state to state as well as from country to country (obviously) the lowest percentage i have heard of is 15% difference and the max is 45% difference.

AmeliaG 10-13-2003 06:10 PM

Copyright includes all rights to make derivative works.

Your instructor may be a rockin' designer, but should check out law school before giving advice like that which could get students in trouble. Whether the copyright-holder cares enough to pursue you, they definitely would have the legal right to do so and statutory damages on that can be grisly, even if you have made no money whatsoever off of your derivative work.

It is more fun to make your own stuff anyway.

Sly_RJ 10-13-2003 06:13 PM

I swear I heard 10% somewhere.

Matt 26z 10-13-2003 06:14 PM

Quote:

Originally posted by sheldonjuan
my graphic design instructor at internet school told me
It doesn't matter what he told you. If he knew anything he wouldn't be teaching it. He'd be out actually doing it full time.

fiveyes 10-13-2003 06:35 PM

Does changing the logo count towards the 20%? :)

sheldonjuan 10-13-2003 06:56 PM

Quote:

Originally posted by AmeliaG
Copyright includes all rights to make derivative works.

Your instructor may be a rockin' designer, but should check out law school before giving advice like that which could get students in trouble. Whether the copyright-holder cares enough to pursue you, they definitely would have the legal right to do so and statutory damages on that can be grisly, even if you have made no money whatsoever off of your derivative work.

It is more fun to make your own stuff anyway.


I know its better to make your own stuff, but I have seen one or two models that I think are just amazing, and well I want it primarily for design work. for banners. if I take one model, cut it out, smooth, feather, add drop shadows, filters, logos, creative writing ect. is it cool to use this for a main banner on my site?

sheldonjuan 10-13-2003 06:59 PM

http://grab.nastydollars.com/we/images/wlt-3girls.jpg


for example, if I cut out the girl on the far right and then modified it?

AmeliaG 10-13-2003 07:00 PM

Quote:

Originally posted by sheldonjuan



I know its better to make your own stuff, but I have seen one or two models that I think are just amazing, and well I want it primarily for design work. for banners. if I take one model, cut it out, smooth, feather, add drop shadows, filters, logos, creative writing ect. is it cool to use this for a main banner on my site?


Depending on what sort of site you have, you can probably just ask whoever's pic it is and a lot of webmasters will let you do stuff like that for a photog credit and a link. Then you have permission and you won't either be at risk or piss anyone off.

On-top 10-13-2003 07:01 PM

Quote:

Originally posted by sheldonjuan
http://grab.nastydollars.com/we/images/wlt-3girls.jpg


for example, if I cut out the girl on the far right and then modified it?

:1orglaugh

detoxed 10-13-2003 07:02 PM

Quote:

Originally posted by sheldonjuan
http://grab.nastydollars.com/we/images/wlt-3girls.jpg


for example, if I cut out the girl on the far right and then modified it?


wowww.. do you own the content? if not then hell no

beemk 10-13-2003 07:45 PM

just get it from newsgroups and you dont have to change it at all, newsgroup stuff is all 100% public domain.

sheldonjuan 10-14-2003 05:36 PM

kewl

sexeducation 10-14-2003 05:39 PM

Quote:

Originally posted by sheldonjuan
my graphic design instructor at internet school told me that if you take an image an alter it 20% (filter, creative additions, etc) than its ok to use it on your site.

what are your thoughts?

from my experience of "fair use" and this board ...
you will be fucking hammered over and over and over ...
don't do it ...

sexeducation 10-14-2003 05:40 PM

Quote:

Originally posted by beemk
just get it from newsgroups and you dont have to change it at all, newsgroup stuff is all 100% public domain.
Nope it is not.
And LadyMischief will be quick to correct you on this.
I will provide you some of the links she provided me.
stand by

LadyMischief 10-14-2003 05:41 PM

Wouldn't matter much either way.. The fact that they could sue for Moral rights would pretty much completely negate the attempt at sidestepping the law by altering the image to that extent. Even someone who SELLS their copyright can sue for moral rights.


Tough luck, eh? :P

sexeducation 10-14-2003 05:41 PM

http://www.templetons.com/brad/copymyths.html

if you continue down this path you face the wrath that I have faced ...

LadyMischief 10-14-2003 05:42 PM

Quote:

Originally posted by sexeducation


from my experience of "fair use" and this board ...
you will be fucking hammered over and over and over ...
don't do it ...

Uhhh..the use he's talking about wouldn't fall under fair use anyways, so I don't know wtf you are talking about.

sexeducation 10-14-2003 05:43 PM

Quote:

Originally posted by LadyMischief
Wouldn't matter much either way.. The fact that they could sue for Moral rights would pretty much completely negate the attempt at sidestepping the law by altering the image to that extent. Even someone who SELLS their copyright can sue for moral rights.


Tough luck, eh? :P

Quicker then I thought ...lol

LadyMischief 10-14-2003 05:44 PM

Quote:

Originally posted by beemk
just get it from newsgroups and you dont have to change it at all, newsgroup stuff is all 100% public domain.
BULLSHIT.. The only time that something is considered public domain is in ONE OF TWO instances.

1. The material in question was produced by the government. Material produced by the government is automatically public domain.

2. The copyright holder has ABANDONED the copyright, and has actually made a statement saying as much. This is EXTREMELY rare.. Even in the case of a copyright holder being dead, it does NOT nullify the copyright. That falls to their next of kin.

Hope you weren't depending on all that "public domain" content for anyhting.

sexeducation 10-14-2003 05:45 PM

Quote:

Originally posted by LadyMischief


Uhhh..the use he's talking about wouldn't fall under fair use anyways, so I don't know wtf you are talking about.

So are you now telling me I can take any graphic ...change lets say 30% and I can use it?

Say for example - use a real graphic and filter it using "line art" ?

Mike AI 10-14-2003 05:45 PM

Copyright ignorance never ends.....

:(

sexeducation 10-14-2003 05:46 PM

Quote:

Originally posted by LadyMischief


BULLSHIT.. The only time that something is considered public domain is in ONE OF TWO instances.

1. The material in question was produced by the government. Material produced by the government is automatically public domain.

2. The copyright holder has ABANDONED the copyright, and has actually made a statement saying as much. This is EXTREMELY rare.. Even in the case of a copyright holder being dead, it does NOT nullify the copyright. That falls to their next of kin.

Hope you weren't depending on all that "public domain" content for anyhting.

sorry ...
now we are on the same wavelength

NetRodent 10-14-2003 06:06 PM

Quote:

Originally posted by LadyMischief


BULLSHIT.. The only time that something is considered public domain is in ONE OF TWO instances.

1. The material in question was produced by the government. Material produced by the government is automatically public domain.

2. The copyright holder has ABANDONED the copyright, and has actually made a statement saying as much. This is EXTREMELY rare.. Even in the case of a copyright holder being dead, it does NOT nullify the copyright. That falls to their next of kin.

Hope you weren't depending on all that "public domain" content for anyhting.

Last time I checked the text of the Rosetta stone was public domain as well. You forgot about the REALLY REALLY old material case.

Either way, I'm sure the original comment was a joke.

woj 10-14-2003 06:11 PM

I've heard that in some states all you have to do is change the filename for pics or font for written work to make it legal.

:1orglaugh

LadyMischief 10-14-2003 06:13 PM

Quote:

Originally posted by sexeducation


So are you now telling me I can take any graphic ...change lets say 30% and I can use it?

Say for example - use a real graphic and filter it using "line art" ?

No.. depends on the laws where you are.. And no matter HOW much or how little you change it, you are still subject to the possibility of legal action concerning the moral rights of the original artist/creator. They have a legal right to maintain the integrity of their original creation, even if they no longer own the copyright.

GFED 10-14-2003 06:14 PM

Quote:

Originally posted by sheldonjuan
my graphic design instructor at internet school told me that if you take an image an alter it 20% (filter, creative additions, etc) than its ok to use it on your site.

what are your thoughts?

I've heard the same EXACT thing from someone that took art class.

LadyMischief 10-14-2003 06:14 PM

Quote:

Originally posted by NetRodent


Last time I checked the text of the Rosetta stone was public domain as well. You forgot about the REALLY REALLY old material case.

Either way, I'm sure the original comment was a joke.

Really really old material doesn't neccessarily mean copyright free, as long as there is a family member who bears the weight of copyright. Ancient things generally aren't copyrightable... :P And copyrights can also have a limitation on them, dependant on how they were issued and to whom, and the conditions of issue.

LadyMischief 10-14-2003 06:15 PM

Quote:

Originally posted by woj
I've heard that in some states all you have to do is change the filename for pics or font for written work to make it legal.

:1orglaugh

Uh.. No.

Cindyff 10-14-2003 06:15 PM

Tell you how to answer this question. Take a well known Photographers image , say J Stephen Hicks alter his image and then publish it on the web or in a magazine. Call him up tell him what you did and sit back to see what happens. If he doesn't sue your ass i guess its ok to alter ? images ?

Cindy xx

sexeducation 10-14-2003 06:15 PM

We may have our differences ...
but she knows her shit ...

I'll let LadyMischief handle this thread.

Cease and Desist or face the wrath of GFY ...

gornyhuy 10-14-2003 06:16 PM

I heard you can right click + save as on any TGP gallery image set and if you only use 16 of 20 pics then its not stealing. :2 cents:

LadyMischief 10-14-2003 06:16 PM

Quote:

Originally posted by Cindyff
Tell you how to answer this question. Take a well known Photographers image , say J Stephen Hicks alter his image and then publish it on the web or in a magazine. Call him up tell him what you did and sit back to see what happens. If he doesn't sue your ass i guess its ok to alter ? images ?

Cindy xx

Yep..it pretty much boils down to the fact that theft is theft, no matter how pretty a face you paint on it. Just like a pig is a pig, no matter how much makeup you slop on it. Finding new and interesting ways to justify theft is apparently an ongoing thing. I'm not really that surprised :)

Cindyff 10-14-2003 06:19 PM

Quote:

Originally posted by LadyMischief


Really really old material doesn't neccessarily mean copyright free, as long as there is a family member who bears the weight of copyright. Ancient things generally aren't copyrightable... :P And copyrights can also have a limitation on them, dependant on how they were issued and to whom, and the conditions of issue.

? in Europe extends 75 years after the death of the original ? holder Its at least 50 years in the USA as well

Cindy xx


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