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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."
Well, yeah. Obviously, as you note, ripping some other site's rainbow horizontal line gif or animated pen-writing-on-paper-turns-into-an-envelope is routine, and hardly the same thing as setting up a porn site of copyrighted images served off somone else's server.
But it would be decent to ask, and you may want to really be a good guy and stick to downloading stock images off sites that explicitly give permission. (It's not like there's a shortage of rainbow horizontal line gifs.)
What I'm listening to now on Pandora...
I took a couple of web publishing classes in highschool, where we were required to make all our own graphics or prove that the image we used was in the public domain.
Although I normally make all my own graphics, in the rara occassion that I do use one from someone elses site, I first try to email them and check if it's ok. I then compile a list of any sites I don't get responses from and make sure to list them in a section of a links page with a little thanks and a note saying what graphic I used.
Also make sure that you don't link to the graphic on the persons page, not only is this stealing their bandwidth, but if something happens and the page is gone then you are without your graphic.
--"If I put in my two cents, and it's a penny for my thoughts, do I get change back?" --unknown
Famous Last Words: "hmm...wikipedia says it's edible"
Fair use is when you have the permission of the author (or copyright holder, if they are not one and the same).
You are wrong.
Fair use is the doctrine allowing the use of copyrighted works, particularly excerpts, for "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research".
I turn your attention to USC Title 17, Chapter 1, Section 107.
-- iCEBaLM
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.
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.
/* affect != effect */ void affect(int *thing,int effect) { *thing += effect; }
I see a lot of folks on slashdot who think "fair use" means "do whatever you like as long as you don't make money". I personally think that's what fair use should be, but that's not what it is.
:-).
However, you are an interesting opposite. You seem to think that there is NO fair use. What you describe is "copyright law", without fair use.
But even though you put the word "Period." in boldface, that actually is wrong.
Fair use is a defense against copyright infringement. (I hope you don't mind if I just use the punctuation instead writing out the word "period"
For instance, a copyright holder might be a terrible speller. And you want to write a critical article, showing what a terrible speller he is. So you quote from the book he wrote in your article. He then sues you for copyright infringement. You can claim "fair use" as a defense.
There are several things that a judge would consider before accepting a fair use defense, you can do a web search and learn about them.
No, the person asking the question is not going to be able to use a "fair use" defense if he copies somebody else's artwork for his web site. But there is such a thing, and it is possible to sometimes copy parts of a work without permission and without infringing copyright.
And he doesn't have the right to create derivative images either, so your parenthetical comment doesn't add anything.
Thank you, have a nice day.
Man, this post is so totally wrong, and convinced that it is so totally right, that you ended up in my enemies bin immediately. That doesn't happen much, but, for god's sake don't sound so completely sure of yourself if you've never actually read the copyright title or even (apparently) a FAQ about it.
Fair use is real, and in fact, it has its own Section in the US Code . Sometimes it is legal to copy a work without permission. It's possible that some uses of copied web graphics could be fair use, but unlikely--most wholesale copying fails one of the four factors (see 17 usc 107).
On the other hand, it's possible that some copying could be ok, since not everything qualifies for copyright. If the work is not sufficiently expressive (like a scrollbar widget, perhaps) then you could very well be in the clear. However, the "look and feel" of a program or OS can be protected by copyright (sadly), meaning that if you copy enough of those uncopyrightable widgets, you could also be in trouble.
Anyway, the best thing to do, as you say, is get permission. I'll bet the GNOME and KDE icons are Free (as in software), so you could probably use those safely, assuming you're doing the right thing and making your app free!
Actually I used to be worse than that, I used to link to the actual image I wanted to use rather than do the considerably more decent thing which would be to download it and host it on my own server.
I got my comeuppance one day when someone pointed out that a prominent image on my home page had been replaced with an image of somebody's middle finger which superimposed text reading:
Suffice to say I host all my own images now.There are no karma whores, only moderation johns