copyrights and modding, a question...

[Tarkus]

Hi guys. I am having trouble figuring out what is the proper conduct with the following. Any input appreciated.

I am redoing all portaits for CMBB interface. It represents all in all 282 bmp files. I use pictures from images taken from the web, modifing them to fits the interface I am doing. Some are achives stuff, some from reenactements units' pix, some paintings. The result is terrific, having b & W faces instead of shoulders...anyway.

Case no.1: I release the whole thing on the net for other people to DL. I specify on a readme file that part of the material included isn't my own, but with no futher details about the source.

Question : Is this ok/sufficient/polite/put in whatever you see fits/...enough ?

Case no.2: I am asked to put it on a bonus CD of some sort with a pc game magazine that offers various mods and scenarios for CM. I receive no money whatesoever for this but the magazine does.

Question: a) Is it even honest to uses other people pix, even if they are hugely modified, for such a project ? well, what would be the proper conduct on this one ? I drop it altogether ? Produces a ten lines disclaimer ?

I am not overconcern with legal stuff here, but rather about simple respect to other peoples endeavours. I dont want to steal anything from anyone, yet I have no idea where I took all the materials for a project that was not initially intended to be broadly distributed, so asking permission is not really an option. Any suggestions ?

TIA

Tarkus

[willbell]

Tarkus,

OK, I'll skip all the legal stuff.

Go ahead and do it!!! I have been wanting to experiment with playing a PBEM game of CM with an opponent on the inside.

Also, send letters with those cool, super detailed, little sketches on them in ball point pen, only with CM subjects.

Keep me posted.

William

[MikeyD]

We modders avoid a sizeable liability threat by not actually profiting from our misdeeds. When BFc packaged the extra CD into CMBB they made it very clear that it was to be considered extra promotional freeware totally separate from the product itself.

You may be okay legally (or at least less liable) if your artwork had been sufficiently modified to make it you're own. What comes to mind is rapper's sampling and journalist's quoting. If you're using a great chunk of someone's original art it might be polite to at least credit the artist in the Readme file.

But then again, I ain't no lawyer!

[ February 27, 2004, 05:05 PM: Message edited by: MikeyD ]

[mrcoffee]

MikeyD is correct. As long as you're not making money from the modification of the program then damages in case Battlefront sued you would be limited to 1. cease and desist 2. actual damages.

Where you would get into trouble is when you package this stuff and sell it.

The recent music lawsuits comes into mind, but the way the courts are figuring it is that for every download a client does, that is taking away $15 dollars from the music industry. Note that you aren't making available the whole CMBB program but rather "skins" that change the appearance of the program. If you were to put the entire 650 megs of CMBB on a server that is made available to everyone then you can bet that would be a copyright infringement.

[farmerch]

Question: a) Is it even honest to uses other people pix, even if they are hugely modified, for such a project ? well, what would be the proper conduct on this one ? I drop it altogether ? Produces a ten lines disclaimer ?

You need to get permission (from a legal point of view). No matter whether you give the other people credit or not. Shouldn't be much of a problem, send an example of how you intend to use their work.

From a more practical point of view, I would make some consideration for myself how similar the pics are and how likely it is that somebody gets so excited about that they take legal steps.