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<p>[QUOTE="Beefer518, post: 2832459, member: 87737"][USER=80121]@TheMont[/USER] - No, a © is not required, as it is inherent in the creation that it is copyrighted, and protected. To use it or not is at the creator's discretion.</p><p><br /></p><p>[USER=1892]@SuperDave[/USER] 's transformation of your copyright protected image now makes it interesting. By doing what he did, he changed the material to the point where it has a different meaning. We are now entering into a grey area, and there are four factors that determine whether or not his transformation of the image would fall into fair use: </p><ul> <li>the purpose and character of your use.</li> <li>the nature of the copyrighted work.</li> <li>the amount and substantiality of the portion taken, and.</li> <li>the effect of the use upon the potential market.</li> </ul><p>If he used the transformed image for commercial purposes, IMO, he would probably not win the argument based on the fair use laws. If he used as as a new avatar, (again, IMO), it could go either way, as that was your purpose of the image. If he continued to modify it, let's say with thought bubbles, additional art, etc., then it would mosty likely fall into fair use. </p><p><br /></p><p>I thanked [USER=1892]@SuperDave[/USER] through a PM, but want to add a public appreciation for what he's added to this thread. It has made me do a lot of additional research on this area, and I am always looking to increase my knowledge base. Thanks SuperDave!</p><p><br /></p><p>And to [USER=21705]@Marshall[/USER], I'd like to apologize for my comment about Beanie Babies. You know quite a bit about numismatics, but you need to realize that copyright and trademark laws, and the understanding of those laws, are not your forte.</p><p><br /></p><p>Beef[/QUOTE]</p><p><br /></p>
[QUOTE="Beefer518, post: 2832459, member: 87737"][USER=80121]@TheMont[/USER] - No, a © is not required, as it is inherent in the creation that it is copyrighted, and protected. To use it or not is at the creator's discretion. [USER=1892]@SuperDave[/USER] 's transformation of your copyright protected image now makes it interesting. By doing what he did, he changed the material to the point where it has a different meaning. We are now entering into a grey area, and there are four factors that determine whether or not his transformation of the image would fall into fair use: [LIST] [*]the purpose and character of your use. [*]the nature of the copyrighted work. [*]the amount and substantiality of the portion taken, and. [*]the effect of the use upon the potential market. [/LIST] If he used the transformed image for commercial purposes, IMO, he would probably not win the argument based on the fair use laws. If he used as as a new avatar, (again, IMO), it could go either way, as that was your purpose of the image. If he continued to modify it, let's say with thought bubbles, additional art, etc., then it would mosty likely fall into fair use. I thanked [USER=1892]@SuperDave[/USER] through a PM, but want to add a public appreciation for what he's added to this thread. It has made me do a lot of additional research on this area, and I am always looking to increase my knowledge base. Thanks SuperDave! And to [USER=21705]@Marshall[/USER], I'd like to apologize for my comment about Beanie Babies. You know quite a bit about numismatics, but you need to realize that copyright and trademark laws, and the understanding of those laws, are not your forte. Beef[/QUOTE]
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