About copyrights
polycounter lvl 6
Guys, can I make a model exactly as it is or was created and put them in my portfolio ?? I mean, as a Buster sword carried by Cloud in Final Fantasy VII, or any real weapon without any label / Logo or another active game or a Recap of an asset maybe, I just wanna to be sure, thank you
Replies
If you recreate weapons from a computer game or franchise then it is simply "Fan Art", and most franchises enjoy seeing their fans produce artwork. It benefits them as well as yourself, because if fans are creating artwork and posting it online it acts as free promotion for them.
However, if you built a model of the "Buster Sword" from Final Fantasy, and then started selling it, then this may be infringing copyright (I don't know the exact laws on 3D so I'm just using common sense and saying it's best to avoid it.)
Furthermore, if you have recreated something or used someone else's work as a starting point for your own (such as you modelling from someone else's concept art) then it's good to cite them for this.
Ok, thats was well explained, so if I recreat a Buster Sword without any link with final fantasy at al,l I can even sell it, I can call it by other name, right ??
Design is copyrighted, therefor replication (derivation) of a certain design is most likely copyright infrigement. If you earn money or not does not count,if you rename it, does not count, if it is fan art or not does not count. The copyright owner may just tolerate it for now or he may sue you.
Once the copyright owner get aware of your infrigement, he could either request to remove the items (nice person) or try to take you to court (not so nice person). The problem of doing nothing against your intention could be rated as acception, which will most likely not happen.
Fan art is often tolerated (you dont earn money), thought there are cases where fan-movies has been shut down after several years. Making money out of other ones designs is a good way to get sued.
But this all is very vague and you should consult a real lawyer.
No, this isn't what I stated at all.
You cannot sell someone else's design - this is plagiarism. You should not distribute, or even sell, models which copy designs owned by other people.
I reiterate, you can put what ever you want on your portfolio, as long as you:
A) Do Not sell it or make a profit from it.
C) Avoid redistributing it. Whilst this could be a bit of a gray area because people can just copy/paste images, you should avoid distributing 3D models.
The above is my knowledge of it anyway - if I'm completely off another Polycount user is free to correct me.
To summarize and emphasize: You should Not attempt to make a profit off of another person's design without their explicit, written permission and/or contract. You can model whatever you want for a non-profit portfolio, and it is good practice to cite whoever owns the IP/design.
Plagiarism is when you steal someone's idea or product and pass it off as your own, it doesn't have to involve selling and distributing. If I steal someone's idea and sell it as my own that is plagiarism. If I present an idea or product as new and original but it's derived from an existing source that is also plagiarism.
Not true. Profit doesn't always have to be involved.
If you cite the owner then it's not plagiarism, but it can still be a copyright violation.
You shouldn't use anyone's design for anything profit or non-profit without their permission. If you get permission then get it with a written contract. Permission contracts can vary and range from doing whatever you want to limitations. A common one is a 3D model may be used to create 2d images for commercial use but cannot be used for commercial 3D products or distribution.
Copyright protects the IP owner of its use and distribution. Don't use profit as a guideline. To be safe then get permission. There are exceptions like 'Fair Use'. It's also up to the IP owner's discretion which is why fan art is usually left alone. Some feel that it helps their brand or idea and other feel that it hurts it. Sometimes for them it's a question of if it's economically feasible to take it to court.
If you think it might be an issue it's best to talk to a lawyer. Also for a small portfolio it's not likely to cause issues.
However ask yourself what does that piece of work show off in your portfolio? Why not show your own originality and ideas in your work? Now I think it's fine to take someone's model (with their permission) and texture it to show off your texturing work but citing the model's source. Copying other ideas and models without your own interpretation is good for learning technical skills but I don't think they should usually be in a portfolio. Your portfolio should be about you not someone else.
Typically I'd have thought a court would only rule it as infringement if they were passing it off as their own, gaining profit from it, or somehow damaging their reputation/profits. "We don't want him to post fan art of our designs on the Internet" doesn't cut it?
Interesting nonetheless. :P
No.
No, but typically it's not worth the court costs.
Copyright owners maintain
the right to reproduce the work
to prepare derivative works
to distribute copies
to perform the work
and to display the work publicly
If the work isnt in the public domain and you dont have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions. Beyond fair use and parody, the copyright owner can do what they want with their work including making you take it down.