Infringement or not?

[wats120]

hey so i was just wondering is it copyright infringement if i trace an image i found on the web then use it in a flash i make?

[RUSHVision]

Depends on what it is. If you wanted to trace the IBM logo, then no, you couldn't do that. If you want to be more specific we might be able to give you a better answer.

[chrismitchell]

If it is a trademarked or copyrighted image / logo then it is considered infringement. I have dealt alot in the past with people breaching copyright and had to enforce copyright law a few times. It is a very touchy subject. Even though the internet is considered a free zone, certain types of copyright and trademarks still apply.

A way around it would be to contact the owner of the image and ask permission to use / change the image. Sometimes the owners are ok (as long as it doesn't put them in a bad light or give them bad publicity).

Just my 2 cents

Christopher Mitchell

[wats120]

The thing i am tracing is video game sprites.. and when i finish they dont look exactly the same just kinda similar.. is that ok?

[Jujumon]

as long as they dont look too similar, or too recognizable, especially the popular copyright ones, then you should be ok.

But there are more important factors. for example, do u think that other ppl will easily recognize it? will u b using this to promote something? or making money of? what happen if what u do become popular?..etc.

It will be difficult as what you think may be ok but the copyright owner may think not, so you have to use your own judgement on this.

[wats120]

i see...

so would this be too close of a resemblance?

[RUSHVision]

So by tracing I take it you meant you are taking a bitmap game sprite and using a trace function to vectorize it, then? If that's the case then no, I personally wouldn't call that acceptable.

[Jujumon]

nah, it's actually the same. (not even if you add wings to it and still keep the same trace).

I would, say.., make the fangs longer, the wheels bigger, add some spikes and change colors...something like that. try making it your own creations

[wats120]

so hold on a second.. could i actually get in trouble for using these? if the project was profitable that is..

also what if i were to give credit to the creator of the sprites?

[Jujumon]

yah, if you're lucky they will send you a warning letter to stop using it
once they see it

if not, they will wait until your stuff is highly profitable and start to sue all your earnings away

[Jujumon]

credit doesnt mean anything. u need their written approval

[RUSHVision]

Dude, you need to make your own game sprites...from scratch. I took a look at some of your other threads and it seems this isn't the first time other people's work has unwittingly found it's way into your own. Sure, go ahead and look at other artist's creations for inspiration, but you should come up with stuff that is uniquely yours. This is especially true if you plan on entering any contests or selling any of your games.

[sandyrivers]

I agree with Rush and Juju. I understand the urge to not have to reinvent the wheel when you find something you like, but not doing your own work is just going to end very badly for you eventually. Sure, maybe the original creator will never see your work this time, but eventually someone will and by then it'll be too late. Also, if you grab a smidge of something from someone else's work here and another there for your project, your work will not have a consistent look and feel and you'll come off looking like a poser. For example there is a thread in the Art, Animation & Illustration thread where some dude posted his cartoon set to the music of "Oh Lord, It's Hard to be Humble" some months back. Take a look at it... there are at least 5 or 6 different drawing styles in there and you can tell the artist very obviously used clip art or blatently copied someone elses work. It doesn't look good and personally, the artist lost any credibility with me about 5 seconds into watching it (also, the cartoon seems to be nothing more than a gimmick used to sell ads, which is another matter all together).

Anyway, I applaud you for doing the right thing and asking about tracing anothers work. Most would've just ripped it off and never looked back. Now I urge you to take the next step and create something of your own, using the other work as inspiration. It may take a little longer, but in the end you'll feel better about yourself and your work.

This concludes this episode of the "Reverend Rivers Soapbox Chat Hour" ... tune in next week when I discuss the sin of not using preloaders...

[wats120]

ok I will thanks for all the replies!

[RUSHVision]

Good on ya, man!