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remodelling after image: copyright violation? #76663
06/04/06 18:43
06/04/06 18:43
Joined: Dec 2005
Posts: 27
Oklahoma, USA
LukasPanic Offline OP
Newbie
LukasPanic  Offline OP
Newbie

Joined: Dec 2005
Posts: 27
Oklahoma, USA
Lets say I have an Image of a model thats for sale and I like what I see on it. Instead of buying the object I decide to remodel it from scratch and make it look just like the object on the picture. I use my own software and my own textures, all I have from the originial is the image from the website that sells it.

Do I violate copyright or anything else with that?


I am a german living in the US so you got the choice to talk to me in english or german. No latin please :P
Re: remodelling after image: copyright violation? [Re: LukasPanic] #76664
06/04/06 18:59
06/04/06 18:59
Joined: Jul 2002
Posts: 5,181
Austria
Blattsalat Offline
Senior Expert
Blattsalat  Offline
Senior Expert

Joined: Jul 2002
Posts: 5,181
Austria
yes


Models, Textures and Levels at:
http://www.blattsalat.com/
portfolio:
http://showcase.blattsalat.com/
Re: remodelling after image: copyright violation? [Re: Blattsalat] #76665
06/04/06 19:40
06/04/06 19:40
Joined: Feb 2003
Posts: 817
Dortmund, Germany
P
phil3d Offline
Developer
phil3d  Offline
Developer
P

Joined: Feb 2003
Posts: 817
Dortmund, Germany
depends on the model i think. when it's an unique model and the concept and design have copyrights then yes.


Re: remodelling after image: copyright violation? [Re: phil3d] #76666
06/06/06 11:39
06/06/06 11:39
Joined: Sep 2002
Posts: 8,177
Netherlands
PHeMoX Offline
Senior Expert
PHeMoX  Offline
Senior Expert

Joined: Sep 2002
Posts: 8,177
Netherlands
Euhm, yes, you violate copyrights here, you can't simply mimic other people's models because you don't like to pay for that exact model. :smirkL If it's really a 1 : 1 mimic, then you'd be in trouble ...

Cheers


PHeMoX, Innervision Software (c) 1995-2008

For more info visit: Innervision Software
Re: remodelling after image: copyright violation? [Re: PHeMoX] #76667
06/09/06 15:16
06/09/06 15:16
Joined: Oct 2003
Posts: 4,131
M
Matt_Aufderheide Offline
Expert
Matt_Aufderheide  Offline
Expert
M

Joined: Oct 2003
Posts: 4,131
Ok stop...

If you completely reproduce the model by yourself without using the original data in any way, you are not violating any copyrights. Just like if i paint a copy of a painting, i can still sell it it as long as i dont claim it as a work by the original artist (that would be forgery). Copyright is pretty flexible when itcomes to artwork.


Sphere Engine--the premier A6 graphics plugin.
Re: remodelling after image: copyright violation? [Re: Matt_Aufderheide] #76668
06/11/06 19:48
06/11/06 19:48
Joined: Mar 2003
Posts: 5,377
USofA
fastlane69 Offline
Senior Expert
fastlane69  Offline
Senior Expert

Joined: Mar 2003
Posts: 5,377
USofA
Wrong.
Copyright is absoulutely NOT flexible when it comes to artwork.
This is exactly what copyright is intended to protect: the ability of a person to commercialize their own work and prevent others from commercially benefiting from their works without their permission.

Bottom Line: The only person that has the right to reproduce a work is the copyright holder. Period.


Quote:


Title 17, Chapter 5: Copyright Infringement and Remedies
§ 501. Infringement of copyright3
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.
[...]


§ 106. Exclusive rights in copyrighted works36
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
[...]





If you don't believe this, handpaint a picture of Mario, put it on a T-shirt, and sell them in front of Nintendo's office... see what happens.

Re: remodelling after image: copyright violation? [Re: fastlane69] #76669
06/11/06 20:02
06/11/06 20:02
Joined: Nov 2003
Posts: 1,659
San Francisco
JetpackMonkey Offline
Serious User
JetpackMonkey  Offline
Serious User

Joined: Nov 2003
Posts: 1,659
San Francisco
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!

Re: remodelling after image: copyright violation? [Re: JetpackMonkey] #76670
06/12/06 09:04
06/12/06 09:04
Joined: Apr 2002
Posts: 4,801
Richmond B.C., Canada
Captain_Kiyaku Offline

Dichotomic
Captain_Kiyaku  Offline

Dichotomic

Joined: Apr 2002
Posts: 4,801
Richmond B.C., Canada
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.


My Blog

"Tag und Nacht schrei ich mich heiser,
Wind weht alle Worte fort,
Tag und Nacht schrei ich mein Krähenwort!"

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Re: remodelling after image: copyright violation? [Re: Captain_Kiyaku] #76671
06/12/06 09:10
06/12/06 09:10
Joined: May 2002
Posts: 7,441
ventilator Offline
Senior Expert
ventilator  Offline
Senior Expert

Joined: May 2002
Posts: 7,441
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.

Re: remodelling after image: copyright violation? [Re: Captain_Kiyaku] #76672
06/12/06 15:13
06/12/06 15:13
Joined: Mar 2003
Posts: 5,377
USofA
fastlane69 Offline
Senior Expert
fastlane69  Offline
Senior Expert

Joined: Mar 2003
Posts: 5,377
USofA
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.

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