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

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. :)