Some questions about copyright

Pain

Hello everyone,

I've got some questions about the copyright using. The thing is I and my friends are developing an application mobile for iOS.
In the apps there's a chat feature which we gathered some emoticons and images that we collected from the internet.
It can be some emoticons like this in our Polycount --> :poly118::(:poly121:. Or the famous smiling yellow face like this
http://cdn2.geckoandfly.com/wp-content/uploads/2013/03/iphone-ios-emoji-icons-keyboard.jpg

I wonder if it's possible and legitable for us to using those? Is it valid? Will we be sued by someone who created them? Since I've seen many forums using the same emoticon package.

One more thing, If I create a icon which related to Marvel heroes such as http://icons.iconarchive.com/icons/iconshock/spiderman/icons-390.jpg and using in my application, will we be sued by Marvel about the copyright of their heroes?

Thanks in advanced,
:poly142::poly142:

ZacD

Don't use random images you found online in a commercial product. That's big no no. Find a cheap emoticon package or a free one, and just use that. Places like Deviant Art probably has a ton, just make sure you read the license.

battlecow

You can't do that. And if you do you will and should be sued
Either make them yourself (or pay someone too) or buy some and don't make icons related to any franchise like Marvel, they take this very seriously.
Images being free doesn't mean they have no copyright.

Pain

How about I create a emoticon using a character from a manga or sth like that? A mangaka can't claim that it's their character since it's not totally looking the same, is it right?

If I'm using a emoticon package from the internet and I modify a bit by myself, such as changing the color, adding some details and claim those as mine? Will I be sued?

Guys, I'm really confused :poly127::poly127::poly127:.

battlecow

You just can't do that, it is theft, especially if you plan to do a commercial product.
How about I take your source code modify it a bit and sell it as my own?
Don't go down that path, it will get you in trouble, either pay royalties or don't use them.

RaptorCWS

If you are going to the trouble of editing the work to make it your own you are better off just doing it over and look at the ones you gathered as reference. If someone else who does not stand to prophet from your game made the artwork, you should not be using it. you will be sued and the fact you stole art will follow you for the rest of your career.

PhattyEwok

You guys probably should make all of your graphics from scratch but if you must use other peoples work google search tools has a handy filter for showing just the images that are labeled for reuse.

Odow

Pain wrote: »

How about I create a emoticon using a character from a manga or sth like that? A mangaka can't claim that it's their character since it's not totally looking the same, is it right?

If I'm using a emoticon package from the internet and I modify a bit by myself, such as changing the color, adding some details and claim those as mine? Will I be sued?

Guys, I'm really confused :poly127::poly127::poly127:.

Wow if that's your mentaly you're going to get hated in the artistic industry.

It doesn't matter if you change the color of something, SOMEONE OWNS it, someone spend time on it, just because you put some shitty psd filter on them doesn't make it yours.

Pain

Guys, I know it's bad when copying someone artwork and using without their permission, I'm really aware of it and I would never to do so.
I won't do something like just re-skin work. I'm asking about the chance of being getting sued by doing that. And how could they sue if that people claim it's just an inspired works by others??
This may doesn't related to what we were talking but you know, every smartphone that we're using have a really similar looking, some just change the position of the physical key or made by a different material and apparently they can't be sued by doing that.

Talking about the clone game in this industry, there's a ton of it and they just didn't care.

Steve Schulze

Finding a set of royalty free emoticons shouldn't be a particularly difficult task. It's worth considering the advantages of having your own distinct set though. Polycount's emotes bring some extra personality (and indeed a mascot) to the forum that we wouldn't get from a generic set.

You'll also be able to avoid filling your app with ugly designs like the example set you posted.

ZacD

Using someone else's IP (like a super hero or manga) is a huge no no and you can easily get sued and you are very likely to get at least a cease and desist letter. If you want to parody or pay homage to a certain character without using them directly, get a lawyer and ask them what you can do within the bounds of the law. If someone recognizes the emotes from another app, they can easily report the content, and people often do.

A lot of game and apps get away with it because they are free, and most likely the worst they'll get is a cease and desist letter. But if you want to work in the industry, you do really want to avoid breaking copyright law, you don't want that coming up when someone googles your name, app, or company name.

JedTheKrampus

Think of it as a way to distinguish your app from the crowd, rather than drudge work making silly generic emoticons. My rule of thumb for copyright is if I have to ask "Would doing this violate copyright law?" it's probably better to assume that it would and that I should find another way. It's not going to kill you to be original. Well, maybe it would since you're a mobile developer working on yet another chat app, but I digress.

Also you should probably make sure to put in an option to turn them off. Just my 2 cents but I find a lot of chat apps' emoticons to be pretty ugly or annoying.

Tobbo

It's ultimately up to the copyright owners whether they want to press charges or not. At least you came here asking first but it sounds like you already know that it's wrong. Ultimately if you didn't create it and it doesn't explicitly say you can use it. You have no rights to use it.

Why can't you create your own? Have you even tried looking for royalty free ones yet like Steve Schulze has suggested?

It sounds like you already have something very specific in mind. How about you post it and let us see it?

I would avoid using any resemblance to already existing characters.

Pain

Hello guys,

Thanks for all the feedback, I really appreciate it.
There's only one thing I concern is using something like this
http://vxm.me/wp-content/uploads/2013/09/Laughing-Meme-Thumbnail-150x150.png
Is there anyone Is should ask for the permission? Honestly I don't know who's the real author of those, is it OK if I use them in my apps?

@Tobbo: Thanks for your comment, right now I can't show you mine because everything is just the idea :poly121:.

pior

This obviously doesn't necessarily apply to all meme graphics, but the troll face for instance is copyrighted. A picture being very popular doesn't mean that it can be used without the owner's consent.

http://www.nintendolife.com/news/2015/03/copyright_owner_of_trollface_image_explains_role_in_getting_meme_run_taken_down

On top of that the one you just linked to is a likeness of someone famous, so that's probably comes with its own set of issues too.