Becco_UK opened this issue on Aug 18, 2004 ยท 110 posts
nomuse posted Thu, 19 August 2004 at 12:43 AM
I have no idea how this turned from a possibly hasty banning from DAZ Forums to a discussion of copyright -- for which we have a proper forum for, as well as FAQs and links. From the bottom, Weird Al is operating under one of the very limited and oft-misunderstood "Fair Use" clauses, the right to make a satire or parody. Parodies -- say, "Hardware Wars" and "Space Balls" are generally permitted, but the chance of a court finding elsewise means the big companies will still send lawyers sniffing around. I have no idea what Pansy Division may have done for licensing, but in the music biz copyright is a very big deal. If I were to walk out on the street right now, set out a hat, and start singing "Luck be a Lady Tonight" I'd be in technical violation (public performance of copyright work). And for counter-example, look at what happened to George Harrison over three notes he MIGHT have heard from a twenty-year old song. People do try to abuse copyright and the RIAA, try as they might, can't be everywhere. But it doesn't stop the behavior you've listed as being illegal and in danger of being prosecuted. And working upwards to the next post; what is trademark in DAZ's Victoria is the mesh itself, the specific polygons. They have stated clearly in their EULA and in material on their site that NONE of those polys may be used for a "competing product." Doing any alteration of the outward look of Victoria, as you described, would not change the underlying polys significantly. It would be like, say, taking footage from a major motion picture and snipping it up and re-arranging it to make another movie. Since you did not provide actors, recording, cameras, scenery, processing -- any of the myriad costs and artistic activities that go into making that original footage -- your cut-and-paste can not be considered a substantial change. It's still their film, and still protected in myriad ways.