guarie opened this issue on Nov 07, 2002 ยท 137 posts
FyreSpiryt posted Fri, 08 November 2002 at 6:47 AM
Attached Link: http://www.shininghalf.com/desprit/rants.html
Darnit! Renderosity ate my well-thought-out logical answer. I KNOW that I need to copy long answer before sending, and I didn't. Fine, short version.Ah, the "Path of What I Was Going to Do Anyway" argument.
My stance generally is at the above link. I wasn't intentionally singling out Mehndi; her stance just happened to be delivered right to my e-mailbox.
As for where copyright law says these restrictions are allowed, IANAL (I Am Not A Lawyer), I think that'd be section 106. "the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:" ... "(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and"
A model is most like a graphic or a sculpture, I'm assuming. So, if you're going to put up your image using Bubba Bo Bob's free possum, and Bubba says you can use it in any image except ones that include the color purple, guess what? You can make as many purple possums as you want, but you can't post any of them. Why? Bubba authorized use(display) of his possum in any picture EXCEPT ones that include purple. Nowhere does it say that if one display is allowed, they all must be, and nowhere does it say the pattern of authorization has to make sense.
you the artist own the render copyright, no matter if you made every prop used or not. you are the only one that can decide how an item is going to be used in YOUR copyrighted image. not anyone else.
Why is it this argument is always used? Why does the end artist get the right to decide how SA'S copyrighted work is used, but the prop creator does NOT? Explain that to me. I've yet to see it make sense.
And, as for the enforcement question, here's a real example. My animal-related freebies have the stipulation that they not be used to promote or glorify animal cruelty. What would I do if I found an image using them that did? I would contact the artist and ask them to take it down. If they didn't, I'd see about getting an injunction to make them do so. I probably wouldn't sue; lawsuits take time and money. In the meantime, those downloads will be pulled down until the matter is settled to my satisfaction, and if it isn't, then they don't go back up.