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Author	Thread
WarMage Maniac (V) Mad Scientist From: Rochester, New York, USA Insane since: May 2000	posted 03-24-2004 15:16 What are the rules about using images in derivitive works? I want to go onto google and select an image and use an element from the image in my own work, that will be completely different from the origional. For example I search for the image of a skull, and I find a skull and I use the skull as the head of a skeletal warrior, I even go so far as to paint on top of the skull to make it fit with the rest of the image. What about using an image as a backdrop, say I grab an element and use it as a low opacity background for the rest of my image? I think both cases rest on the same issue of using other peoples images in a derivitive work. What are the rules for this? I have seen many designers do such things. But I don't want to fall on the wrong side of the copyright issue. -Dan-
synax Maniac (V) Inmate From: Cell 666 Insane since: Mar 2002	posted 03-24-2004 15:34 Well if you're physically using the other image within your image, then you ought to make sure that you're allowed to do so. On the other hand, if you're just using the other image as reference, then there's nothing wrong with that. "Nothin' like a pro-stabbin' from a pro." -Weadah
mobrul Bipolar (III) Inmate From: Insane since: Aug 2000	posted 03-24-2004 15:50 quote: The ?amount and substantiality of the portion used in relation to the copyrighted work as a whole? should be considered in relation to the purpose of the copying. As with a parody, any derivative work that necessarily relies on the popularity of the original work has to borrow enough to conjure up at least enough of the original to make the derivative recognizable. After taking enough to make sure the derivative is identifiable, how much more is reasonable depends on how much of the original was taken, the overriding purpose and character, the transformative elements, and the likelihood that the work may serve as a market substitute for the original. The ?effect of the use upon the potential market for or value of the copyrighted work? requires the court to consider the first and third factors. If the copy is a mere duplication for commercial purposes, the material is presumptively unfair, especially if the duplicate would serve as a market replacement for the original. However, if the work is non-commercial or ?transformative?, the copyright holder must show some likelihood of further harm exists to the market of the original or to the market for derivative works. Good 'article' on fair use There really isn't any definitive answer in here, but I think it at least draws some fuzzy boundaries.

Topic awaiting preservation: Rules about Derivitive Work\$

Author

Thread

WarMage
Maniac (V) Mad Scientist

From: Rochester, New York, USA
Insane since: May 2000

posted 03-24-2004 15:16

What are the rules about using images in derivitive works?

I want to go onto google and select an image and use an element from the image in my own work, that will be completely different from the origional. For example I search for the image of a skull, and I find a skull and I use the skull as the head of a skeletal warrior, I even go so far as to paint on top of the skull to make it fit with the rest of the image.

What about using an image as a backdrop, say I grab an element and use it as a low opacity background for the rest of my image?

I think both cases rest on the same issue of using other peoples images in a derivitive work. What are the rules for this?

I have seen many designers do such things. But I don't want to fall on the wrong side of the copyright issue.

-Dan-

synax
Maniac (V) Inmate

From: Cell 666
Insane since: Mar 2002

posted 03-24-2004 15:34

Well if you're physically using the other image within your image, then you ought to make sure that you're allowed to do so.

On the other hand, if you're just using the other image as reference, then there's nothing wrong with that.

"Nothin' like a pro-stabbin' from a pro." -Weadah

mobrul
Bipolar (III) Inmate

From:
Insane since: Aug 2000

posted 03-24-2004 15:50

quote:
The ?amount and substantiality of the portion used in relation to the copyrighted work as a whole? should be considered in relation to the purpose of the copying. As with a parody, any derivative work that necessarily relies on the popularity of the original work has to borrow enough to conjure up at least enough of the original to make the derivative recognizable. After taking enough to make sure the derivative is identifiable, how much more is reasonable depends on how much of the original was taken, the overriding purpose and character, the transformative elements, and the likelihood that the work may serve as a market substitute for the original.

The ?effect of the use upon the potential market for or value of the copyrighted work? requires the court to consider the first and third factors. If the copy is a mere duplication for commercial purposes, the material is presumptively unfair, especially if the duplicate would serve as a market replacement for the original. However, if the work is non-commercial or ?transformative?, the copyright holder must show some likelihood of further harm exists to the market of the original or to the market for derivative works.

Good 'article' on fair use
There really isn't any definitive answer in here, but I think it at least draws some fuzzy boundaries.