rj001 opened this issue on Apr 28, 2006 · 59 posts
Mugsey posted Fri, 28 April 2006 at 8:06 PM
Currently under U.S. copyright, patent, AND trademark law - you CANNOT claim ownership of a color.
The CRAYOLA crayon / art supply company has attempted to challenge that stipulation several times and has failed...Up until about fifteen years ago - letter designers (typographers) could not get a copyright or patent on a font design based on roughly the same principle.
When I make something for other artists to use - they may use it royalty or fee free in any derivative work and then sell that work, but they cannot claim ownership of the element in and of itself: EXAMPLE:
Let's say I offer a space craft model as a freebie on RENDO - and a major motion picture company uses it in a film. They would NOT have to pay me one red cent for using it - BUT - if I used that same model in one of MY art works and they tried to "back sue" me for copyright infringement, OR - even if they tried to do that to another artist that used that same space craft model for THEIR work - then I would litagate the crap outta that film company and they would NOT have a leg to stand on - because I own the copyright to that ship design and have stipulated it as a free open stock commodity.
Credit is nice - sure - but in the course of working on projects an artist might download THOUSANDS of freebies - and MOST of those do NOT have read me's stipulating the creator's REAL name. Giving credit - although ethically dutiful and noble, is not always an easy or simple proposition and may require not only a significant amount of detective work to track a creator down - but also tons of contact time that can erode allotted time reserved for the project itself.
In my opinion - material, sky, and other presets that are to be used in BRYCE should not be offered as freebies for "non-commercial" use only.
WHY? - Hmmm - remember the whole mess a while back with Compuserve and the .GIF graphic image format? Whoever owns BRYCE - owns the rights to the native file formats that it's presets are defined under. Has anyone who has ever sold a set of Bryce skies or materials payed royalties to DAZ because they sold them in the .bsk and .mat formats? HMMMMMMMM.....
For that matter - what about they folks giving them away - they certainly aren't exempt under that principle either...