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Derivatives are Copyright Infringement

Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
05-04-2005 07:16
From: Chip Midnight
Blaze, what part of clothing cannot be copyrighted do you not understand? Do you still have more than one functioning brain cell in that thick troll head of yours?

I believe the clothing itself can't be, but the logos / trademarks and designs on it and their use can be.
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Shadow Weaver
Ancient
Join date: 13 Jan 2003
Posts: 2,808
05-04-2005 07:18
From: Hiro Pendragon
I believe the clothing itself can't be, but the logos / trademarks and designs on it and their use can be.


BINGO, Hiro hit the nail on the head.

Shadow
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Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 07:21
You are correct Hiro. As has been mentioned elsewhere in the thread, textiles and patterns are copyrighted.

Blaze, refer to all my other posts on photos used for photosourcing. I've already explained it to you several times. Using the copyright info from stock photography isn't relevant. If you're too stupid to understand why, that's not my problem.
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blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 07:29
Stock photography is exactly what people are using when they go to websites and download and use them for their clothing.

Corbis stock photography has no more (and no less) legal rights than any other image on the internet which hasn't specifically been placed in the public domain.

And, gee. For all your anger at Prokofy for being a jerk, you really like throwing that word 'stupid' around a lot, don't you?
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 07:33
I could explain it to you several more times but it's already obvious that you won't get it. Oh, by the way, I took your picture. I now own you. Any likeness of you is now a violation of my copyright.
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blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 07:38
No, there are two seperate copyrights.

One is for the photograph, and the other is that you need to get my persmission in order to have a photograph of me.

Corbis has some great descriptions of this:

From: someone

All images for purchase from the Corbis collections are licensed. Images may have either traditional or royalty free licensing. Image licenses are very important, and serve to protect the rights of all parties: the seller or distributor of the images, those who purchase and use images; those who own, create, or produce images; and even those whose likenesses are included in the images.
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 07:39
Further:

From: someone

Two Primary Layers of Legal Issues

The two primary layers of legal issues that clients must be aware of prior to their use are:

Rights to the Image: These rights are generally owned by Corbis or its image sources. When clients license the rights in a photograph, Corbis grants permission to reproduce and/or distribute an image in the manner described in the license/invoice.

Rights in the subject matter of the Image. Images may depict a variety of subjects: people, buildings, art, animals, etc. Each of these subjects may require clients to obtain additional permissions from third parties depending upon the nature and circumstance of the intended use. Some of these rights may include: trademarks, personality rights, property rights, fine art rights, etc. Generally, Corbis does not represent or license third party rights. It is the clients responsibility to obtain third party rights or obtain legal guidance on whether their intended use requires these righ
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 07:41
My point with the corbis examples is that these are the sort of legal hurdles you have to deal with when using other people's photographs.

Corbis has no more power than any other website. Their whole business model is based on the premise that photos are protected by copyright law.
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 07:43
From: someone
Generally, Corbis does not represent or license third party rights.


Hello? Earth to Blaze... come in spaceship Blaze... do you read? Apparently not. In the case of the a photo of a piece of clothing the third party would be the clothing, and since clothing cannot be copyrighted, welcome back to where you started.
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blaze Spinnaker
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Join date: 12 Aug 2004
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05-04-2005 07:52
Right, in that case you don't have to get any 3rd party rights, because there are no 3rd party rights.

However, there definitely are 2nd party rights for the photograph itself - and you *do* have to get the rights from Corbis (or insert your favorite clothing picture website here) to use the photograph itself (jpg, gif, whatever).

It just so happens in some case your licensing can end there. You don't have to go to yet another 3rd party.
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 08:00
Please refer to all of my previous posts in this thread about why the photo copyright is a non-issue. I don't care to explain it to you again.
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blaze Spinnaker
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Join date: 12 Aug 2004
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05-04-2005 08:08
Well, in the end, it's whether or not you're happy with yourself and you think downloading images of the internet without telling the owner of said images is completely fine.
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 08:14
From: blaze Spinnaker
Well, in the end, it's whether or not you're happy with yourself and you think downloading images of the internet without telling the owner of said images is completely fine.


Which I believe I covered in my very first post in this thread. My photosourced clothing is not identifiable as having come from any particular photograph (and in fact actually comes from serveral per garment). As per usual you're just being a shit stirrer.
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Aimee Weber
The one on the right
Join date: 30 Jan 2004
Posts: 4,286
05-04-2005 08:14
From: blaze Spinnaker
Well, in the end, it's whether or not you're happy with yourself and you think downloading images of the internet without telling the owner of said images is completely fine.


OMG. My inner voice while reading this sounded EXACTLY like my mother. *CRY*
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blaze Spinnaker
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Join date: 12 Aug 2004
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05-04-2005 08:15
Which websites are you downloading from?
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 08:17
Figure it out yourself. I'm putting you back on ignore now. Nighty nite.
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blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 08:29
You know, I've tried creating clothes from images taken from my digital camera.

It's hard.

Got to get the clothes all flat, make sure shadows aren't causing grief. It's not easy, I certainly can understand the temptation to borrow from people who've done all the heavy lifting for you.
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Aimee Weber
The one on the right
Join date: 30 Jan 2004
Posts: 4,286
05-04-2005 08:35
Don't lay them out flat. Wear the clothing for the photos. That makes the wrinkles and lighting look more natural. That's what I do anyways.
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Arbel Vogel
Burstin' w/Fruit Flavor
Join date: 17 Oct 2004
Posts: 1,155
05-04-2005 08:38
blaze,

I had no ill feelings toward your ways until that last post.

It absolutely disgusted me.
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Noel Marlowe
Victim of Occam's Razor
Join date: 18 Apr 2005
Posts: 275
05-04-2005 08:41
Plus, they are photographing the clothing to make it appeal to potential buyers and not to some Photoshop using SL tailor. So, all the hard work they are doing is actually working against you.
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 08:44
From: someone

blaze,

I had no ill feelings toward your ways until that last post.

It absolutely disgusted me.


Ok, heh, which one was that? My clear novice approach to photographing clothes? Yes, my ignorance is disgusting. You're quite right!
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Aimee Weber
The one on the right
Join date: 30 Jan 2004
Posts: 4,286
05-04-2005 08:45
Blaze, after your last couple of posts, I can now only hear SNL's Church Lady whenever I read something you write.
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blaze Spinnaker
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Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 08:46
I find it kind of interesting how my posts can evoke such ire, and yet I'm completely reasonable (well, mostly reasonable).

Proposing ideas or concepts which invalidate or go against your belief system or your mental grain can be pretty grating, can't it?
_____________________
Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
blaze Spinnaker
1/2 Serious
Join date: 12 Aug 2004
Posts: 5,898
05-04-2005 08:46
At least it's not the boy scout in Kids In The Hall.
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Taken from The last paragraph on pg. 16 of Cory Ondrejka's paper "Changing Realities: User Creation, Communication, and Innovation in Digital Worlds :

"User-created content takes the idea of leveraging player opinions a step further by allowing them to effectively prototype new ideas and features. Developers can then measure which new concepts most improve the products and incorporate them into the game in future patches."
Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
05-04-2005 08:48
From: blaze Spinnaker
Proposing ideas or concepts which invalidate or go against your belief system or your mental grain can be pretty grating, can't it?


What's annoying is someone who doesn't listen. Who ignores every valid and reasoned counter-argument, and who thinks that repeating his faulty premise over and over again will somehow make it suddenly valid. Those kinds of people really grate on my nerves :p
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