n0s4ra2 opened this issue on Jan 22, 2003 ยท 20 posts
ChromeTiger posted Thu, 23 January 2003 at 3:52 AM
Propigated, yes, most certainly...but not sold. There's a distinct difference between the two. Let me give you an example:
DC Comics owns the copyrights on each and every one of their characters. Someone comes along and creates a Poser version of a Superman look-alike (gee, like that's ever happened). Joe PoserGuy is real proud of his work, and puts it up in Free Stuff for everyone to use and enjoy in creating their own Superman-type images.
Does DC care? Not really, as long as none of the images blatantly go against what Superman would normally be written as doing (sex scenes or the like would likely be frowned upon, and a request issued for the image to be removed).
Now, same example, but Joe PoserGuy puts his Superman Look-alike in the Marketplace for 10 bucks, for everyone to purchase and use in creating their own Superman-type images.
Does DC care? Damn right they do, and they'll slap you with a C&D Order (Cease & Desist) before you can say Son of Krypton. Why? Because Superman belongs to them, and copyright law states that you cannot use a distinctive likeness to generate revenue, without proper licensing from the copyright holder.
In other words, they want their cut.
Please note: 'distinctive likeness'. That means if it looks like Darkness, in any form or fashion that can be duly shown and proven beyond reasonable doubt, to the copyright holder it is Darkness...and therefore falls under copyright protection.
One more example: At one point, right here in the Renderosity Marketplace, there was release a 'Cyborg Queen' package for Poser. Try and find it now...you won't.
Why? Because it was a recreation (and a damn good one at that) of the Borg Queen from Star Trek: First Contact. And Paramount is fiercely protective of its copyrights, including the 'distinctive likeness' of the Borg Queen, and anything else relating to Star Trek. They were at one point so protective that they tried to shut down many fan-based websites...only due to public uproar did they reverse that decision...but they still watch every site very closely.
In closing: Give it away, it's fantastic work...but for your own protection, don't sell it, unless and until you have gotten permission in hard copy writing from the holder of the copyrights on the movie 'Legend' (Universal Pictures). Even Todd McFarlane (creator of Spawn) had to secure licensing before producing the Movie Maniacs figure of Darkness...a digital version would be no different.
Hope this clears up the issue of copyright violation in regards to free vs. for sale. I offer the info for your own awareness, and to help avoid a potential problem. I work in the comic industry, and one of my partners is a contract & copyright lawyer.