Copying Graphics - What is Fair Use?

it0 asks: "I'm writing a web application and since I can't create good graphics, I'll be ripping them from other places on the web. The decent thing to do would be to ask permission, and at least specify where you got the graphic, however I don't see this happening much on other websites. Here's an example: I copied a trashcan icon that seems to be used by everyone and nobody seems to specify its original source. What about wallpapers? I've see a lot of models without references? I've also seen a lot of images that imitate the Windows GUI, and I've yet to notice anyone getting sued! For those interested, here is more information on the subject."

Comments

You're kidding, right?

[Breakerofthings]

Fair use is when you have the permission of the author (or copyright holder, if they are not one and the same).

Period.

(Given that it sounds like you want to rip images off wholesale, and not create some sort of derivative work)

Perhaps the copyright holder placed the image into the public domain, or licenses it under something like the GPL; you need to find this out in order to use it, you cannot just assume that it is yours to have.

Because it looks free, does not make it so. Because you want it to be free, does not make it so. Just because everyone does it, does not make it right. Your mother should have taught you that; what might make you think that because it is the internet, that no longer applies? Because you don't think that you will get caught?

Geez, I even know that you know better, cause you said "The decent thing to do would be to ask permission..."

Perhaps you should qualify your question, like:
"I am too damn lazy to ask permission to use someone else's work; How obvious a theft of someone else's work do you think I can get away with?"


I really cannot believe this question; this whole article reads like a troll to me ...

Re:You're kidding, right?

[Captain Pedantic]

Well, if he can't find who originally created the image and therefore get permission, he has no right to use it, does he?

Sued

[Catholic]

I've yet to notice anyone getting sued!

Out of curiosity...how did you expect to notice? Cease and desist letters are sent out on a daily basis in any country's legal system. Lawsuits about copyright infringement happen regularly.

The trashcan icon

[Guspaz]

What do you mean nobody knows the original source? That's the trashcan icon from Mac OS 8+.

Ripping off icons from major OS' is a bad idea. Pleading ignorance to an obvious source doesn't help in the slightest.

Ten Percent

[mcdrewski42]

In Australia, it's normally not a copyright violation if you take some 'artwork' and modify it by at least 10%. HOWEVER, that does not ever apply to trademarked images.
</IANAL>

Quite frankly, though, most artists will still consider that it's still theft of a kind. If you're making money from your application, then you should invest some of it and employ some talented kid who needs money for rent or food or something. You don't really need that new P4 rig yet anyway, do you?

So, for now:

1) If you're building the application, build it so that the artwork can be EASILY slotted in later. (seems obvious, but really design to support a complete facelift. You know about MVC, right?)

2) Maybe browse the web for portfolios, and resumes of people with cool websites and no jobs. Exploit them for low wages and the ability to but real work on their resumes. :)

3) Or, release the app with crappy graphics and a HOWTO and wait for your users to build you a nice pretty interface. :)

Icons

[Anonymous Coward]

If you're after icons then you can find them from any number of themes for Gnome and KDE, with clear and standard licences.

Not fair use, originality

[mbstone]

Before you get to the question of what constitutes "fair use," the first step in the copyright law analysis is whether the work that was copied is sufficiently original, in other words a work of authorship, otherwise there is no copyright protection. While copying artwork willy-nilly from the Internet is usually an invitation to be sued, copying a drawing of a mere wastebasket might not be. The trivial case would be copying a drawing of a square or a circle. Neither is copyrightable subject matter. But elaborate on the circle by adding two more circles for ears and a couple of three-fingered hands, and you have Mickey Mouse (or Chuck E. Cheese, I forget which).

Get your images from someone giving them away

[Motherfucking Shit]

I'm writing a web application and since I can't create good graphics, I'll be ripping them from other places on the web. The decent thing to do would be to ask permission, and at least specify where you got the graphic

...But the easy thing to do would be to seek out some clip-art or graphic sites who are intentionally making their work available for free use. Google for "free clip art," "free icons," etc. and you'll come up with a treasure trove of usable art.