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Website Legality Issue

Website Legal Issue

         

lty83

6:03 am on Feb 28, 2004 (gmt 0)

10+ Year Member



Hey all, I recently made images out of my control panel icons and i'm curious if this is legal, i cropped some of the images and removed some portions of them as well, not sure if this would affect legaility of it and not sure if anyone has done this before or has any suggestions or thoughts on.

marcs

6:22 am on Feb 28, 2004 (gmt 0)

10+ Year Member



Your safest bet may be to ask those who own the copyright to those images. They may or may not let you use them in this way.

Marcia

6:33 am on Feb 28, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Those are what's called derivative works, and marcs is right, it's best to ask permission.

lty83

7:35 am on Feb 28, 2004 (gmt 0)

10+ Year Member



so i should ask microsoft then? sounds good

Leosghost

12:29 pm on Feb 28, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



You can't legally do it without the "handwritten ", not emails , faxed or whatever but good old ink on paper, temporary assignment of the right to use for a specified purpose in a specified area for a specified number of reproductions ( thats hits )...from each "original creator" ....of each entire image ...and all the filtered effects , croppings etc you can do dont change this one bit .....

It's breach of copyright and missuse of intellectual property by someone other than the owner of said "property"......penalties wether civil ( and maybe criminal ..yes some juristictions also consider breach of copyright to be a crime which can carry heavy fines or even imprisonment! ) ...Do you ever want to get off a plane in some country and find yourself in jail because you walked on someones copyright and they won alawsuit that you didn't even know about? ......
Either use "copyright free" images ..or make your own from scratch ...
( the above is expert legal point of view )
And its stealing ...this is also (the law everywhere ) ..plus the view of myself as a creative artist .....
Not jumping on your case ..just making the legal and ethical position clear ....any creative professionals work is all they got to negotiate with to keep themselves and their families in bread ....
all creative work should be paid for just like groceries or a plumber wworking on your house ...we dont all create in our "spare time"....

Not a flame ....but I understandably have strong feelings on the subject plus expert legal knowledge ..
Do The right thing :)

lty83

12:28 am on Feb 29, 2004 (gmt 0)

10+ Year Member



You don't understand what i'm doing, you are making it sound like i'm stealing images from tons of other websites, I do not do this what so ever... 99% of all my images are soley created by me.

These however are icons i'm using from Windows XP, I purchased xp and wasn't sure if I could use certain icons as images to related to different content on my site. I'm not stealing these off another site, simply taking them from winxp os.

vkaryl

1:26 am on Feb 29, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



There was a thread on another site last year about this exact thing. A Microsoft rep showed up there (was occasionally on to answer tech issues I think) and was NOT NICE to the person who posted this question.

Gist of his response was "if you use ANY TINY LITTLE THING derived from ANYTHING within the OS, whether art, text, content, whatever, whether you modify it in a substantial way or not - YOU ARE IN BREACH OF COPYRIGHT." He didn't say whether MS would actually sue - but I wouldn't bet against it.... and I absolutely refuse to get into hashes over whether MS themselves do the same....

I don't have the link to the site any more - machine crash, lost a lot of stuff including links I'd had around for years *sigh* (my own stupidity to not do a decent backup once a month). It might have been one of the WUGNETs, since they do have a fair amount of MS "presence" on occasion.

Since I write, I'm pretty much in favor of the MS rep's response. I've already had to go to court once to stop a plagiarist from using my work as her own, and I won't hesitate to do so again.

If what you want to use doesn't plainly indicate that it's part of PUBLIC DOMAIN, then unless you get clear written permission to use it, YOU HAVE VIOLATED THE OWNER'S COPYRIGHT. This is one of those no-grey-area situations....

[Oh, btw - doesn't matter that you "bought" XP. You need to really READ the conditions you agree to when installing it: you do NOT OWN IT. You are allowed to USE ONE COPY of it - unless of course you bought a multi-license of some sort - and MS retains full rights of ownership to your copy of the OS software. In other words, you're basically a lessee....)

percentages

11:56 am on Mar 2, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



>so i should ask microsoft then? sounds good

Yeah....that's a plan.

"Dear Microsoft,

I took some of your icons and modified them a touch and then resold them as my own. I assume you are okay with this as I know you had to do the same thing, by court order, when Apple sued you for copying their trashcan icon back in the '80's.

If you are not okay with this, tough luck, you set the precedence, not me, so live with it."

Of course it is only a plan if you want to be held in the same level of ethical regard as Microsoft, but, you could do worse!