| Posted By
George
on 2014-08-24
10:02:54
 |  Question about Copyright when converting a picture
Hi guys,
i am asking myself, if it is allowed to put conversions (Screenshots of the endresult and the PRG's) of pictures or characters, which are under copyright protection, onto a website.
Example: Somebody takes a picture of , lets say, Indiana Jones or Lara Croft, converts it to the plus/4. He puts a Screen-Shot from Yape und the the PRG-file onto his site (lets say a personal Web-log). Are there Copyright issues to worry about?
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Posted By
Luca
on 2014-08-24
10:21:16
 | Re: Question about Copyright when converting a picture
If they still lies under the "fan art" definition, there are some general rules about copyrights infringements, but take'em as guidelines to be used barely everywhere in the world which would give hints about the regulation of fan art's market. And 'market' here means: selling your works to someone.
We usually don't sell stuff around, the paradox is that in this case we're promoting those characters and the owners will take advatage of this 
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Posted By
George
on 2014-08-24
10:40:11
| Re: Question about Copyright when converting a picture
The article says, you can't avoid copyright, by redrawing. Its a legal minefield.
I agree to you, Luca, when you say, we don't sell and promote those characters owners. But will the owners see it the same way? I don't know....
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Posted By
Csabo
on 2014-08-24
10:47:17
| Re: Question about Copyright when converting a picture
Actual legality aside, I don't think you have anything to worry about. Big companies don't go after fans like you or blogs like that - there's really nothing to gain for them by sending a "cease and desist".
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Posted By
gerliczer
on 2014-08-24
11:43:13
| Re: Question about Copyright when converting a picture
Recently, I seem to remember, a C64 demo was taken off Youtube on copyright infringement because it contained a few seconds long digitised Kraftwerk drum loop. Assholes, aren't they?
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Posted By
George
on 2014-08-24
12:05:39
| Re: Question about Copyright when converting a picture
Geliczer,
thats exactly what i mean. You can't rely on the assumption, that somebody won't go after you. If they want and can bug you - for whatever reason - they will. Thats why i asked the question. Perhaps somebody knows....
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Posted By
Csabo
on 2014-08-24
12:30:03
| Re: Question about Copyright when converting a picture
YouTube is a bit different, they have automatic algorithms comparing the audio to copyrighted works. I don't know the details of this particular case, it could have been manually flagged, but there are certainly demos on YouTube like this right now:
https://www.youtube.com/watch?v=jX0UgvgBuQc#t=731
Regardless, all they did was they did not allow the video on YouTube - the demo itself is up on C64 demo sites, etc.
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Posted By
JamesC
on 2014-08-24
14:33:04
| Re: Question about Copyright when converting a picture
US photography law is a mess all to itself, let alone in comparison to other countries.
Let's say that Harrison Ford made a public appearance. Five people lined in front of him, taking photographs. Each of the five photographers hold copyright in the photographs they took, but they cannot claim ownership of the other four people's photos ... even though they were taken at the same time, of the same pose of the same person.
But if Ford were dressed as Indiana Jones, then Lucasfilm could claim trademark ownership. US law allows Lucasfilm to trademark Ford's appearance while in an Indiana Jones costume. While the five photographers still own their photos, they cannot legally sell or license them without permission from Lucasfilm. (Trademark law allows Disney to prevent unauthorized Mickey Mouse merchandise. This is why fictional characters are rarely portrayed in different clothing, as a new trademark has to be filed and maintained for each deviation.)
Also, California has a law that protects a celebrity's likeness, even in fan-created artwork. Lindsay Lohan recently sued the makers of Grand Theft Auto for this. http://www.theregister.co.uk/2014/07/03/lindsay_lohan_grand_theft_auto_v/
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Posted By
Luca
on 2014-08-25
04:31:44
| Re: Question about Copyright when converting a picture
About Youtube rights management: after a little time I'd uploaded the video of Sabrina Digi 2010, they wrote to me I was using a copyrighted tune, but they offered me the change to keep the video accepting some advertising banners on the video itels, and of course the citation of the original title.
Probably they have different clauses with different owners.
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Posted By
MIK
on 2014-08-25
04:39:12
 | Re: Question about Copyright when converting a picture
You have to do something this stupid before the authorities get heavy.
Man jailed for filming Fast And Furious 6 in cinema. (33 months)
LinK: http://www.bbc.co.uk/news/technology-28896675
I was hit by Youtube when I uploaded Daley Thompson's Star Events in video form, they did what Csabo said. In short TED does such a good job of Chariots of Fire that YouTube now take money from the advert they added to it with that just in case attitude...
It makes you wonder, did Ocean Software get permission to use it, I don't believe so. And I'm sure many software houses got away with stuff back in the 1980's. I wonder if Ocean's game Rambo on C64 was properly ligament with licensing payments? The later released Robocop gave the impression it was, then again the first release of the movie Robocop on Video Tape in the UK has an advert for the home computer game on it, being C64, Amstrad, Spectrum ect... from Ocean! I still have the Video tape and is about 1 of 5 or 6 I've actually kept lol. 
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