remodelling after image: copyright violation?

What ISN'T illegal is to be inspired by that model, figure out what you like about it, and make something similar, made with your own sense of design-- chances are it will be better than an attempt at a straight copy, because you allow yourself some creative leeway, maybe yours will be even better.

It will make your project more original looking-- who wants off-the-shelf artwork in a new game? It's more satisfying too!

i think its ok to copy it when you just use the original image as inspiration. Cause you can even do fanrts without braking any laws, right? So why not redesign a model.
There was even someone who made Ifrit and Tidus from final fantasy, and as long as you say the idea is not from you and when you dont sell it, its totally okay.

but jetpack is right anywayx, do your own models, it gives your game an unique style.

i think this has more to do with trademarks than with copyright. so if you imitate a non-trademarked model of blattsalat, andvari or dan silverman it shouldn't be a problem since if you just model from an image there is no way you could get a 1:1 copy anyway.

Fan art, like Fan Websites, more often than not violate copyright. The fact that they aren't prosecuted is a separate issue all toghther. The Fair Use clause could allow you to copy and use fan-art as a training exercise... it would even allow you to post it online so you could show off your skills. But the second that it comes close to a commercial effort, say with adware or using Mario to advertise your freelance for-pay modeling skills, it will infringe Nintendo copyright.


Note that copyright makes no distinction as to what a "copy" is. This is up to the copyright owner to feel that it's a copy and a lawyer to argue that it is and voila! ...it's a copy.

Stay on the safe side of the law: be original.

I am not a lawyer, but I have worked with some in the tech industry. You should consult with one if you are going to produce something that is SO similar that it cannot be distinguished from the original.

From http://www.gillhams.com/dict/copyright.cfm (I believe this UK based firm operates globally)
"Copyright is one of the central branches of the law of intellectual property. The law of copyright gives an owner the exclusive right to prevent reproduction of certain works by others. Copyright provides owners with some element of control over the exploitation of their works. Copyright protection applies automatically from the moment the work comes into existence and subsists usually for at least 50 years. Copyright does not extend to ideas, or schemes, or systems or methods; it is confined to their expression - that is the form in which they appear either on a page or the form in which they are otherwise recorded."

For US specific information: http://www.copyright.gov/circs/circ1.html#wci

I can't recall the exact formula for factoring this, but I believe that you would have to have 70% original material in the object in question to have it ranked as an original work.

Now, if you see an object or a picture of an object, and model it on your own, using your own tools, and your own skills, it is in fact a NEW ORIGINAL. As long as it is not an exact copy of the original, it is in itself, unique. Otherwise, every model of every real life object could be considered a breach of copyright.

If you create for instance, a starship that consists of a saucer, a series of tubes, and arrange them in such away that they resemble StarTrek-style ships, well then you are moving into trademark territory. If you decide "Hey, I'm going to call this tube and saucer ship ENTERPRISE" then you are cooking up a nice little litigation stew.

In my opinion (and it is only an opinion) it is fair use to take inspiration from the objects, pictures and ideas that you find wherever you find them. Nintendo does not have exclusive rights to all likenesses of a fat little Italian guy with a moustache. Just make him somewhat unique, don't call him Mario, and don't mimic the gameplay and events that Mario has gone through, and you can pretty much do what you will with the idea. IDEAS are not copyrighted. They can be pateneted, though, if sufficiently documented.

Now, if you take a model, re-skin it, and call it your own, you again have a problem. Take the model apart, make your own structure to create the model, generate a skin for it on your own, and you have a new model. It's shape and construction are not the same.

Copyright is a sticky, tricky and confusing topic. I can't stress enough the importance of giving credit where credit is due, even if for inspiration, and for creating your own models. Take lessons where ever you find them, inspiration from all who inspire, and money from anyone who dares to do anything similar!

Good links:
http://www.ncte.org/pubs/chron/highlights%5C122872.htm
http://www.lawmart.com/searches/difference.htm

Just my 2¢ (Wish I could trademark that little penny symbol...)