Pixel Joint Forum: legal question

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Bwian
Seaman
Seaman

Joined: 24 March 2008
Online Status: Offline
Posts: 31

Topic: legal question
Posted: 22 January 2009 at 12:05pm

I was wondering

I'm working on a new piece and I use a photograph as a reference.

What are the legal implications of this?

So, I have 3 questions:

1. Should I ask permission to the guy who made the photo?

2. Should I make my resulting work approved by him, in case he has representative rights?

3. Can I use it as a reference so long that I mention where it came from, provided I don't make money from that particular work I did?

thanks

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greenraven
Commander

Joined: 08 September 2016
Online Status: Offline
Posts: 2598

Posted: 22 January 2009 at 1:47pm

1 & 2, yes, but only money is involved. Otherwise no, as long as credit is given where it is due.

3, yes, we insist on things like that.

If you have anymore questions feel free to ask.

"pwnage comes with patience, practice and planning." ~ Jalonso

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Evilagram
Commander

Joined: 05 August 2008
Location: United States
Online Status: Offline
Posts: 168

Posted: 22 January 2009 at 3:52pm

To get technical, it depends on how much of the original work the derivative work still has present.

If the original is of a specific person in a specific pose, and the derivative is a copy of the original, then yes copyright applies. As you get further from the original there is a point where you can't be convicted for infringement.

However it's polite to cite your references even in such case.

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blue
Midshipman

Joined: 08 June 2005
Location: United States
Online Status: Offline
Posts: 67

Posted: 22 January 2009 at 8:45pm

Yes; it definitely depends on what you mean by 'reference'.

If you mean 'study, learn from, and then interpret in a different way' you don't really need to ask permission; the standard 'you can't copyright a pose!' defense comes into place here, and is true.

However, if you mean 'copy directly and try to recreate as closely as possible in pixels', that is very much a derivative work and you need permission to use the original art...

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Bwian
Seaman
Seaman

Joined: 24 March 2008
Online Status: Offline
Posts: 31

Posted: 22 January 2009 at 10:51pm

Great!

Not only did you answer my question, but you also showed that you had the same concern as I did, humanly :)

Before reading your replies, I actually contacted the website where they had the photo just to ask for permission / approval. And all they said is: provided you mention our website. So I can use it provided I do so.

So, I will.

But to me it sounds really skewed in an opportunistic way (from their part)
This picture involves a girl and I'm not sure that they themselves where as consciously respectful as I was and asked her for her permission to be in this photo. Heck, they didn't even give me the name of the photographer, where actual respect is due!

It really sounded as: hey do promotion for out crappy-site (better known as c-site) !

pffff

Anyways, I will mention them since this is more of a reproduction piece than a reference. heck, I'll even send them a copy of my pixel art to amuse them.

right, I'm done with my complaining, sorry for my ranting :)
Thanks you so much for your input

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Author	Message
Bwian Seaman Joined: 24 March 2008 Online Status: Offline Posts: 31	Topic: legal question Posted: 22 January 2009 at 12:05pm
	I was wondering I'm working on a new piece and I use a photograph as a reference. What are the legal implications of this? So, I have 3 questions: 1. Should I ask permission to the guy who made the photo? 2. Should I make my resulting work approved by him, in case he has representative rights? 3. Can I use it as a reference so long that I mention where it came from, provided I don't make money from that particular work I did? thanks
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greenraven Commander Joined: 08 September 2016 Online Status: Offline Posts: 2598	Posted: 22 January 2009 at 1:47pm
	1 & 2, yes, but only money is involved. Otherwise no, as long as credit is given where it is due. 3, yes, we insist on things like that. If you have anymore questions feel free to ask.
	"pwnage comes with patience, practice and planning." ~ Jalonso
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Evilagram Commander Joined: 05 August 2008 Location: United States Online Status: Offline Posts: 168	Posted: 22 January 2009 at 3:52pm
	To get technical, it depends on how much of the original work the derivative work still has present. If the original is of a specific person in a specific pose, and the derivative is a copy of the original, then yes copyright applies. As you get further from the original there is a point where you can't be convicted for infringement. However it's polite to cite your references even in such case.
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blue Midshipman Joined: 08 June 2005 Location: United States Online Status: Offline Posts: 67	Posted: 22 January 2009 at 8:45pm
	Yes; it definitely depends on what you mean by 'reference'. If you mean 'study, learn from, and then interpret in a different way' you don't really need to ask permission; the standard 'you can't copyright a pose!' defense comes into place here, and is true. However, if you mean 'copy directly and try to recreate as closely as possible in pixels', that is very much a derivative work and you need permission to use the original art...
	IP Logged

Bwian Seaman Joined: 24 March 2008 Online Status: Offline Posts: 31	Posted: 22 January 2009 at 10:51pm
	Great! Not only did you answer my question, but you also showed that you had the same concern as I did, humanly :) Before reading your replies, I actually contacted the website where they had the photo just to ask for permission / approval. And all they said is: provided you mention our website. So I can use it provided I do so. So, I will. But to me it sounds really skewed in an opportunistic way (from their part) This picture involves a girl and I'm not sure that they themselves where as consciously respectful as I was and asked her for her permission to be in this photo. Heck, they didn't even give me the name of the photographer, where actual respect is due! It really sounded as: hey do promotion for out crappy-site (better known as c-site) ! pffff Anyways, I will mention them since this is more of a reproduction piece than a reference. heck, I'll even send them a copy of my pixel art to amuse them. right, I'm done with my complaining, sorry for my ranting :) Thanks you so much for your input
	IP Logged