Copyright or not?

Using wallpaper downloads from movie sites.

from WinCustomize Forums

I have never posted before, but go back to WB version 1.x. Have faithfully used WB ever since.

The question I am curious is that I have made a Joker vista logon from a modified wallpaper from the official movie site and was wondering about the copyright rules for posting. I liked the xp logon by Z(+)Diac 'Jokerized' but I run Vista.

It came out well, and thought others might appreciate seeing it or using it if they like the new Batman series of movies. Kinda my tribute to Heath Ledger.

It is designed for my laptop with a res of 1920 x 1200. I am not sure how it would scale on other resolutions. Any help here would be appreciated.

Thanks for reading.

7,317 views 29 replies
Reply #1 from WinCustomize Forums Top
Since it's copyrighted by Warner Brothers I believe you would need thier permission before you could post it.
Reply #2 from WinCustomize Forums Top

Any site/source of images/walls etc will have a TOU [Terms Of Use] for its content...aka Copyright limitations.

Almost always that will mean/be 'free for personal use' which public redistribution [in modified form] here or on any other site is not 'personal use' but is in fact 'public distribution', something equally almost always prohibited.

Check your source/site...sometimes they are hard to find...but the 'rules' will be there...;)

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Reply #5 from WinCustomize Forums Top
Why do I click on any thread with the word copyright in it's title?

It always makes my head hurt. :LOL:
Reply #6 from WinCustomize Forums Top
As always the ops of these forums will make the call on the item in question. I have made "Fan art" of copyrighted material for several reason. However because I created the content it was alright. I think you might find issue with using the art of the movie itself. As I said folks like Island Dog will have the final say in these matters. Submitting it will not place it up online and get you in trouble (at least not here) but rather put it in for review and you should get back the call from there.
Reply #7 from WinCustomize Forums Top
Would this not be Fan Art?
End of quote


You could devide the two 'terms' up this way:

Fan Art
Art/graphics created (from scratch) based on a topic/theme/character

Permission required art/graphics
Art/graphics created/based on/modified from already existing art/graphics
Reply #8 from WinCustomize Forums Top
That is pretty much the guideline that would be used. I think that is what you should work with before submitting.
Reply #9 from WinCustomize Forums Top
This is the web site I downloaded from. http://forums.superherohype.com/showpost.php?p=13537380&postcount=9695

It appears that it was created by someone as poster art. I am going to see if I can contact someone concerning it. It appears to have been posted with just a kudos for the creator.
Reply #10 from WinCustomize Forums Top
Likely you will need the artists permission to post anything so direct. As an artist whom sells things professionally I can tell you this isn't just really important it is necessary. Please keep in mind I am only trying to help, I don't want anything I have said to sound threatening in this matter.
Reply #12 from WinCustomize Forums Top

http://www.superherohype.com/terms.php

 

4. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.  Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.  Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.  

Reply #13 from WinCustomize Forums Top
4. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
End of quote


In English, please? ;p
Reply #15 from WinCustomize Forums Top

In English, please?
End of quote

The computer says 'no' ...;)

Reply #17 from WinCustomize Forums Top
1) Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
End of quote


Anything/everything on the site not added by a/any user is copyrighted to the company.

2) Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.
End of quote


No one is allowed to do/modify/show/re-distribute anything with/from the content of the site

unless.....

3) Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
End of quote


you have their permission.

All that 'legal talk' cooked down to three simple lines ;)
Reply #18 from WinCustomize Forums Top
Yes...what Snow said...;)
Reply #19 from WinCustomize Forums Top
The computer says 'no' ...
End of quote


LMAO :LOL:

Not everyone will get that reference
Reply #20 from WinCustomize Forums Top
Thanks for the input. I just got a response from the creator after asking how he created the image, and asking for permission to use it as a log on posting.

"yeah that sounds great! i created the poster using an official joker pic and a free picture from http://www.sxc.hu/index.phtml as the main window/hand. that site is royalty free so it should be ok to use the image."

I will need to know if this constitutes 'permission to use', and do I still have to look into the "official joker pic" further. Although, to be truthful, the face is barely discernible.

Any and all comments are appreciated.

Reply #21 from WinCustomize Forums Top

I will need to know if this constitutes 'permission to use'
End of quote

Yes it does....just include it as a 'permissions.txt' file within the upload.

Re the 'official joker pic'...yes, you would...;)

Reply #23 from WinCustomize Forums Top

This is getting complicated.....lol
End of quote

Yes...and it can often be frustrating...and fail miserably.

Many skinners have works completed they cannot distribute simply because the original author cannot be found/contacted.

I have several...;)

Reply #24 from WinCustomize Forums Top
This is 'Barney's' answer on where the joker pic came from--he is in uk.

no probs m8... haha i never ask the studios for permission, once released online its in the public domain.
i think you only need to ask them if ur gonna make money out of it. well i hope so, otherwise im in trouble.
my thread is full of studio images in my manips...
ahhh well lol


I have searched for images all over and cannot find a match for the somewhat obscure image behind the glass.

I was wondering if I can try submitting it with his initial permission and see where it goes from there.

I see your point, as I was a pro photographer and understand copyright, but the image is more suggestive then it is sigularly recognizable.

By the by, Logon Vista makes it so easy, I would not exactly consider myself a skinner by any stretch.

If you say not to try, then it is a lost issue and can only be enjoyed by myself....sob.
Reply #25 from WinCustomize Forums Top

haha i never ask the studios for permission, once released online its in the public domain.
i think you only need to ask them if ur gonna make money out of it. well i hope so, otherwise im in trouble.
End of quote

Sadly, most people think that way....it's patently wrong, however.

Commercial use or not makes no difference.  It's about unauthorized redistribution aka 'copying', not about possible sales.

Some works ARE in the 'public domain' AND are free to use in any way...but they need to expressly indicate that is the case.

With yours...submit it...with some description of what's covered by 'Barney's consent' and what was/is the source image...and it may be accepted as fair-use...;)