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Thread: wallpapers

  1. #17
    Otaku linx88 may be famous one day linx88 may be famous one day
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    Re: wallpapers

    Quote Originally Posted by chiefblackhammer
    If you really want to be technical there shouldn't be any wallpapers posted for the anime category in the first place. The anime and all associated images unless drawn by the wallpaper designer (which still is a infringement on copyrighted material unless you happen to have created the anime as well) is a federal violation and punishable by 5-20 years in prison and several hundred thousand dollars in fines. Since all major countries are a part of the WTO and one of the stipulation for joining the WTO is the signing of an agreement to abide by the Intellectual Property laws of other members of the WTO. You can't claim any anime wallpaper as your own (which include peoples so called copyrighting it, which last I checked was more costly then as signature at the bottom and a ® or ©) as the images are already copyrighted. The only reason wallpaper designers aren't nailing people to the wall on this is really a few things weather the anime creators view it as promotion of their product, are unaware of it going on or don't feel it is worth their time/money to try to catch someone who really isn't doing anything to hurt their product. Personally I like the job the mods/admin are doing. They will catch up with the “rippers” soon enough and as long as you abide by the rules then you have nothing to worry about.
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    and by the by, i know they(the wallpapers of jo and sei) are ripped because i have all of the walls from that site cause im just that big of afan... or geek... take your pick
    Last edited by linx88; Aug 22, 2005 at 06:58 PM.
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  2. #18
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    Re: wallpapers

    Quote Originally Posted by linx88
    pretend your talkin to a person with a smaller vocabulary and an attention spand equal to that of a weasel on crack...
    basically all he saying is all wallers are just as guilty because they are using people's scans for their wallpaper

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  3. #19
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    Re: wallpapers

    Quote Originally Posted by pyoro-pyoro
    basically all he saying is all wallers are just as guilty because they are using people's scans for their wallpaper
    true, but they alter it and (hopefully) change it enough to make it one of their own. the fact that they use artistic skills to alone makes it theirs, as long as they do enough to it noticably different
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  4. #20
    Lady Barronmore Arrianna has become well known Arrianna has become well known Arrianna has become well known Arrianna's Avatar
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    Re: wallpapers

    Quote Originally Posted by chiefblackhammer
    If you really want to be technical there shouldn't be any wallpapers posted for the anime category in the first place. The anime and all associated images unless drawn by the wallpaper designer (which still is a infringement on copyrighted material unless you happen to have created the anime as well) is a federal violation and punishable by 5-20 years in prison and several hundred thousand dollars in fines.
    Actually that is not correct in the US where "fan art" is concerned. Such works fall under "fair use" exemption as long as they are non-commercial and do not impact the copyrighted works profit. "Transforming" the work also provides additional protection from copyright.

    From: Signal or Noise 2k5: Creative Revolution?
    http://cyber.law.harvard.edu/events/...iseBBFINAL.pdf.
    A work is more likely to be protected as fair use if it transforms the original from which it borrows “by adding something new, with a further purpose or different character, or altering it with new expression, meaning, or message.
    I read somewhere that the UK doesn't have "fair use" laws and if true it would seem copyright infringment by fan art does or does not apply depending on what country you're in.

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  5. #21
    Commander Ham Chiefblackhammer is making a name for themselves Chiefblackhammer is making a name for themselves Chiefblackhammer is making a name for themselves Chiefblackhammer's Avatar
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    Re: wallpapers

    Quote Originally Posted by linx88
    true, but they alter it and (hopefully) change it enough to make it one of their own. the fact that they use artistic skills to alone makes it theirs, as long as they do enough to it noticably different
    I am all about giving a wallpaper designer their props as they do some amazing stuff and put a lot of time into it but they should do the same for the people that spent the time and money and effort creating the work they are “borrowing”.

    Quote Originally Posted by Arrianna
    Actually that is not correct in the US where "fan art" is concerned. Such works fall under "fair use" exemption as long as they are non-commercial and do not impact the copyrighted works profit. "Transforming" the work also provides additional protection from copyright.

    From: Signal or Noise 2k5: Creative Revolution?
    http://cyber.law.harvard.edu/events/...iseBBFINAL.pdf.


    I read somewhere that the UK doesn't have "fair use" laws and if true it would seem copyright infringment by fan art does or does not apply depending on what country you're in.
    Your quote is not accurate as quoted, though Harvard is a very good source; the quote states that “A work is more likely to be protected” not that it actually will be. In fact if you check the US laws and search the Copyright office for the actual laws you will see that the person you quoted was giving an approximation of the meaning and from the reading of the actual law I find the quote is not at all in line with what the law actually states. To show this the link for the U.S. Government Copyright Office standpoint on the “Fair Use” act is http://www.copyright.gov/fls/fl102.html and the actual law pertaining to “Fair Use” which are sections 7 and 8 is here http://www.copyright.gov/title17/92chap1.html#107

    Based on the my readings I have pulled a select few quotes from the U.S. Government Copyright Office website:

    “What is copyright infringement?
    As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.”

    The verbiage “derivative” would include the “Transforming or by adding something new” part of your quote actually the only things that would allow any copyrighted material to be used under the section 7 fair use act would be if it was “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” Under section 8 libraries and achieves also have reproduction privileges for the means of preserving the material. Nowhere does it state that just by adding something or altering it slightly is acceptable.

    For international inquires as to intellectual property laws and how applicable Copyright laws are see the below link also pulled from the U.S. Government Copyright Office website:

    http://www.copyright.gov/circs/circ38a.pdf

    This includes a listing of all the applicable treaties, agreements and the countries involved. However I will state as I did earlier that most the laws do apply per the treaties and agreements, it is just that they just are harder to enforce.


  6. #22
    Lady Barronmore Arrianna has become well known Arrianna has become well known Arrianna has become well known Arrianna's Avatar
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    Re: wallpapers

    You're taking the quote on it's own. It was a supportive statement of the previouse "Such works fall under "fair use" exemption as long as they are non-commercial and do not impact the copyrighted works profit. "Transforming" the work also provides additional protection from copyright. " If you will take the time to read the articles (plural) at the link provided they go through case law and precedent for art and fan art as well as non-commercial work exemptions.

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  7. #23
    Commander Ham Chiefblackhammer is making a name for themselves Chiefblackhammer is making a name for themselves Chiefblackhammer is making a name for themselves Chiefblackhammer's Avatar
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    Re: wallpapers

    Quote Originally Posted by Arrianna
    You're taking the quote on it's own. It was a supportive statement of the previous "Such works fall under "fair use" exemption as long as they are non-commercial and do not impact the copyrighted works profit. "Transforming" the work also provides additional protection from copyright. " If you will take the time to read the articles (plural) at the link provided they go through case law and precedent for art and fan art as well as non-commercial work exemptions.
    It is not my cause to try to prove you wrong in this matter I just want to show that there are two ways this can be viewed so I, based on your response, did read the articles and to pull some quotes from it:

    "...or simply displaying it on a website to attract more page hits. Moreover, even if copies are not offered for sale — as was the case with the songs shared on Napster — “repeated and exploitative copying” of copyrighted works may constitute a commercial use."

    How many times does a Wallpaper designer use the same anime? How long before it is considered "repeated and exploitative copying"?

    "Even if the borrowed portion is small in absolute terms, the use may still be exploitative if the portion is a key component of the original work."

    What is considered small? If the character is the lead or not, does that increase the "size" of the work being taken and thus constitute exploitation?

    "Even in its statutory form, the fair use doctrine basically consists of a number of general factors that must be balanced and evaluated on a case-by-case basis. There is no bright-line rule that courts or individuals can look at to easily determine whether a use is fair. Instead, each infringing use must be examined based on its nature and purpose, the nature of the work it infringes, the portion of the work it uses, and the market harm it causes."

    I included the last quote to mainly point out that the main point to these articles is that there isn't a clear cut rule as the law is very broad and it all boils down to how the court interprets it. You can provide quotes and cases that sway one way and I can do the same that sway the other, it just boils down to a case-by-case decision. Ultimately my standpoint is simply as I stated earlier:

    I am all about giving a wallpaper designer their props as they do some amazing stuff and put a lot of time into it but they should do the same for the people that spent the time and money and effort creating the work they are “borrowing”.


  8. #24
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    Re: wallpapers

    jeez you two are really goin at it. in any case how bout i sum all this up for those of us who need smaller words and statements... DON'T STEAL OTHERS WALLPAPERS AND OTHER WORKS! admit you found them or at least try to change em or alter them.
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