Digital humans the art of the digital double
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# 1 07-03-2004 , 10:23 PM
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Copyright Issues

ok, I'm just going to try to get something straight. The last thing I want is to end up with a fine or in jail because I screwed up on my end...

I know if you model something from a concept drawing someone else did, you have to credit that person. Now... what exactly is acceptable for doing that? Can I just say on the webpage I stick my image on that so-and-so was the original conceptualist and let that be it or do I actually have to stick his name on the mage itself?

I did a Rooivalk helicopter model for one of the challenges a while back here and used a bunch of pictures from google and other sites for references. On the webpage I have the image on (www.darkware3d.com/helicopter.html) do I have to say what images I used for reference even if they were just general images any person could take? Do I have to list the websites I went to obtain the images from? Do you only have to give credit if the images you used are conceptuals?

The WIP section of my site is filled with images of a military base I modeled for a game-type environment. I used a conceptual image from https://www.artbyfeng.com/ for the main room, but the other rooms, hallways, etc were my own ideas. Do I have to only give credit to feng for the images I have of the main room which I modeled from his concept or do I have to give credit for every image I stick up on my website? If I had a guess, I'd say I only have to give credit for the images of the main room which came from the conceptual.

whew... ok. I really hope I can get some responces because I don't want to screw up on my end.

EDIT*: also, is it illegal to place images on the web of conceptual drawings if they're from a book you paid for?


Last edited by Darkware; 07-03-2004 at 10:40 PM.
# 2 07-03-2004 , 10:50 PM
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You can get a lot of you questions answer by going here

www.copyright.gov


I am pretty sure you have to get his permission to use the concept. Look into the derived part. Your work is derived from him. And it is a big yes to not being able to post an image reom a book unless it is to criteque or for education and some other uses. Look into "Fair" use.

# 3 07-03-2004 , 11:28 PM
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Hmmm.... well, the WIP's I have on my site were actually from a monthly challenge here at SM. I myself didn't get permission from artbyfeng.com but Mike might have b/c he was the one who made the challenge and provided the pictures..... I dunno really though.

So... if you do have to get permission from the conceptualist in order to model it in 3D, I guess I have to get rid of the Star Wars droid I just did that's in the Finished Work gallery then right? bleh.... I highly doubt I could contact the original artist to ask him if I could model from his drawings.

I see other models of Star Wars stuff though on the web..... I'm sure they didn't go asking for permission. I've seen some models of Homer Simpson as well on several websites, but I doubt they contacted the guy who makes the series to ask him if they could model Homer.....

meh..... this is depressing.

# 4 08-03-2004 , 12:04 AM
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The only time that copyrights can really get hairy is when it comes to working for profit. If you're doing something for your portfolio, sure, mention that you modeled it from a concept from wherever in the project description, but it shouldn't be too huge a deal. For example, if someone were to model my Medusa character using my concept sketch for it from my website, as long as they mentioned something like "Concept from www.mtmckinley.net," then I wouldn't care.

The only time I might care is if it is implied, or even outright said, that the idea was from the guy's head when it wasn't.

As for your star wars model, I really don't think that's a big deal. Lots of people model star wars robots and vehicles all the time... people are constantly spitting out fan flicks, etc.

Posting scans from a book like that, might be a tad more questionable, but I'd be surprised if there was anything that you couldn't find online somewhere.

My opinion.

# 5 08-03-2004 , 01:18 AM
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It's also a good idea to check out the artists FAQ page if they have one. Feng has one, maybe you should check it out.


Yeah, but no but yeah but no....
# 6 08-03-2004 , 01:34 AM
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z1mmnd14, thanks a LOT. I never even thought to look in his faq. Turns out that he specifically says that anyone can make his designs into 3D just so long as they say that the conceptuals were by him just like Mike said above.

I think I'm beginning to understand more how copyright stuff works now. I have been oblivious to most aspects of it until now. I just don't want to get in trouble you know, especially since I'm at such an early stage in my career.

Thanks you all for your input. I REALLY REALLY appreciate it.

# 7 08-03-2004 , 05:14 PM
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It used to be that you nead to put the copyright © and have it physically published for it to be copyrighted. They did change it now to include things on the web as tangible and copyrighted. Really though it is tough to fight unless you file it with the copyright office. We are all good here so if it happens it usually is an accident.

Unlike the Dale Williams situation a bit back. Now that was some nerve.

# 8 08-03-2004 , 07:40 PM
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Who is "Dale Williams"? And what did he do/happen to him?


There can not be Good without Evil, so then it must be good to be Evil sometimes.

:tup:
# 9 08-03-2004 , 08:26 PM
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Originally posted by NightPhantom
Who is "Dale Williams"? And what did he do/happen to him?

Hehehe, .. check on him through Google, or CGTalk´s search feature. user added image
Very good read. (For flames that is)

# 10 09-03-2004 , 12:18 AM
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I found the thread about that in CGTalk.com. Wow, oh boy.... crazy stuff.. I get it now (the mention of his name in this thread).
That was alot of reading material thought, anyone knows what happen to him in the end? Sued? not sued? he was real? he was not real?


There can not be Good without Evil, so then it must be good to be Evil sometimes.

:tup:
# 11 12-03-2004 , 06:22 AM
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With the Dale thing. I'm very sure the artist involved toke care of things to there satisfaction. I would supose they got the best corse of action out of it. The ofending web site is down. and that was about all that was needed. Lets be real. not much to bother to sue out of a 15 year old boy.

oh about rather he was real or not. Yeah I had wandered about that. But I think he was real, and 15. The question was, would someone try to frame someone like that and mess up there reputation. Well there was no other Dale that was 15(stated on the web site) who would have bean a target of such a campain. So real is a safe bet.

# 12 12-03-2004 , 06:31 AM
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yeah, he was real. One thing you gotta say about someone like that, they definitely left an impression. I don't think he was 15 though. From what I heard, he was in his late teens/early 20s, actually got a job somewhere and was subsequantly fired when he couldn't deliver. That might have been someone else who had a similar situation, though.

# 13 12-03-2004 , 06:15 PM
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just be positve right from hte start

# 14 13-03-2004 , 06:24 AM
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There was another one shortly after Dale who would tell peole that he was a recruiter for a big name studio. He would get people to send him pics of their work then about a week or so later, tell them that the Art Director was interested and wanted to see the actual models to see how they were being built. So the idiots would send him their raw files and this kid would come back a while later again and tell them that they didn't get the job. Then he would change things on the model and put them out as his own.


But to address your issue, DW... If you're only putting the models on your website, the best thing to do is just put in a caption somewhere who the original artist was and give a link to his website or the page you got it from. As for using images of items that are genereally public (like planes, helicopters, cars, etc) unless you want to credit Lockheed MArtin or Sikorsky, I don't think that's totally necessary.

Bottom line is, if someone else thought of it first, make sure you mention it. user added image


Dave Baer
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Digital Media Arts College
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