Tennogen Steam Workshop: Round One.

[alexmach1]

For the record, there is a guy who S#&$ tons of money with the fair use right. His name:

ANDY WARHOL

 

 

You missed an even bigger part : Transformative Works

 

But the textures in question have not been altered or reformed in any way at all, barring scale, rotation, and color. Another thing you missed is that Andy Warhol acknowledges the original works and doesn't pretend that they are his own, whereas these textures are being taken without providing license or source. The creators in question also did not provide a disclaimer that states that they are using unlicensed textures, therefore they do not fall under Fair Use.

 

And once again, these works are being sold for real-life money. They are purely commercial with no citations, disclaimers, or acknowledgements at all. They will never fall under Fair Use.

 

Another thing you need to understand is that Fair Use is a defense against a lawsuit, but is not a preventative measure. Lawsuits can still be claimed and winning a lawsuit is not guaranteed. 

[HurricaneBones]

That's why I stated first: "welcome in the doomed place of intellectual property madness"

To be clear, you're innocent until proven guilty.

To engage a stupid lawsuit on this you have to be apple or Samsung dreaming of S#&$ tons of money.

I can take the freakin Apple logo and paste it on a mantis skin, I would be a freakin artist with reapropriation and transformative style.

Because, the skinner used à copyrighted texture to create à new Thing. Bigger, where the texture is only a part of the whole creation

To be fair, my wife is an international intellectual property legalist, she kind teached me this :o)

Edited November 17, 2015 by HurricaneBones

[alexmach1]

To be fair, my wife is an international intellectual property legalist, she kind teached me this :o)

 

The biggest issue is that the lawsuits will go straight to DE since they are the ones hosting these commercial products, in which they will have to take the fall for your actions. If there is even the slightest risk of a lawsuit, then DE has the right to refuse your product because they shouldn't have to go through court for your sake.

[blazingcobalt]

Oh good, the Knaita skin is pending approval now. Although what about the Mantis? On a side note I don't think DE should've done Mantis skins since the current way to obtain it in-game is a bit of a gamble unless you outright buy it. ((Kind of a very limited market if I had to guess but, I don't know the numbers of how many people actually have one.))

 

 

I feel like DE needs to adjust the rules for future TennoGen creations. Have the creators take WIP screenshots of their skins and have them explain what they are doing. It might sound a bit tedious however something needs to be changed since out of the gate two of the selected skins have had some issues.

[HurricaneBones]

Let's try not to be DE's legal department, they'll choose if it's risky or not.

I'll ask for a full review of this case to my wife When she'll wake up.

The camo mantis is covered on all its surface by an unlicensed texture, It might be difficult to prove a real creative work. I'll ask her.

But for the neon mag skin. No doubt, the texture is not the creative element here. The mag skin goes under fair use.

And, don't forget DE is under canadian law. I dont know the difference with the american law.

[OniDax]

The biggest issue is that the lawsuits will go straight to DE since they are the ones hosting these commercial products, in which they will have to take the fall for your actions. If there is even the slightest risk of a lawsuit, then DE has the right to refuse your product because they shouldn't have to go through court for your sake.

 

They are the ones making the majority of the profit from these skins. Remember, they take in 70% of the sales, while the creator takes 30%. So, it would absolutely go straight to them.

 

 

Let's try not to be DE's legal department, they'll choose if it's risky or not.

I'll ask for a full review of this case to my wife When she'll wake up.

The camo mantis is covered on all its surface by an unlicensed texture, It might be difficult to prove a real creative work. I'll ask her.

But for the neon mag skin. No doubt, the texture is not the creative element here. The mag skin goes under fair use.

And, don't forget DE is under canadian law. I dont know the difference with the american law.

 

Oh, please! That circuit design is absolutely the creative element in this mag skin. It is not fair use. Go and actually read those terms and conditions in the link that I provided in a previous post. That'll tell you everything you need to know.

 

Look, I get it. You like the skin, so you want to see it in the game. Then go ask the creator to remove the copyrighted textures and replace them with something of his/her own creation.

Edited November 17, 2015 by AntoineFlemming

[HurricaneBones]

I just read the canadian wiki about "fair dealing".

It's a far bigger maze than american law.

It seems it would have been worse to remove the technological locks (watermarks).

I disagree, the creative part is definitively not the pattern, but the negative+glowing effect added to it ( you know the reapropriation and transformative part) and finally design and composition of the skin.(the amount and substantiality of the portion used part)

Take a step away, if he took another / a new pattern it would have been equally nice.

You really need to open your mind that this domain is a huge shade of greys, nothing is black or white.

And judgement on these cases are rare, because few are enough dumb or greedy to go in this caltrops house.

For the lawsuit, and who you will attack in case copyright infringment :

I'm not sure DE is taking 70% of the money. I think steam may have his share.

Even this, I don't know the legalities in the steamworkshop, who give the right to what to who, may be the creator keep the intellectual property but DE will have a commercial right, the creator getting only royalties.

There's basically hundreds of ways to set up an agreement on these skins.

And based on the agreement, DE could easily say that they are not responsible for any copyright infringment.

For the term and conditions :

It's not above the law, (copyright and fair use law above term and conditions)

It may have abusive clause inside (it's a really common thing these days)

If you say the Guy "stole" the texture he definitively did not agreed those terms and so did not give up any of his rights.

I can't do an expertise on the terms and conditions, i'll to ask my wife. (tomorrow)

For the record, I love the knaita mag skin. Not much the two i'm defending.

Edited November 17, 2015 by HurricaneBones

[_malaya_]

In short, we must often ... look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.

 

 

You're forgetting the last part of that quote: "...altering the first [work] with new expression, meaning or message"

 

That's what it means to be a transformative work.

 

Under the article you're quoting from a derivative work is defined as "one that merely “recasts, transforms, or adapts an original work into a new mode of presentation.”" Derivative works infringe on copyright.

 

Now does the texture in question fulfil the conditions of a transformative work, or a derivative work?

 

 

The Judge’s analysis highlights the distinction between a derivative work that requires consent from the underlying copyright owner and a transformative work in situations where an artist appropriates the work of another artist’s as the “raw ingredients” for their own work. As the term “transforms” is included in the definition of a derivative work, if the new work is absent any comment on the original or on the broader culture associated with the underlying art, it will be infringing. To hold otherwise would be eviscerate the original artist’s right to authorize derivative works. There would be no need for the distinction and no limitation on how one artist can appropriate the aesthetic value of another artist’s work.

Edited November 18, 2015 by MaaYuu

[LuckyCharm]

You know, i'm not even salty any more that my stuff wasn't even picked. This drama has been waayyyy more worth my time and effort. I thought for copyright to not apply you had to change at least 75% of an item for it to class as your own. At least that's what I was told in college. Blatantly pasting on other peoples work without changing it in the slightest... well that's probably not 75% changed. And as everyone said already.. Its not fair use if it's for commercial purposes. Theres a reason why there are 2 versions for software after all too. Student and teacher // Commercial (professional) 

 

And <3 You people that did the research on that. Delivering Tenno Justice. 

[_malaya_]

Substantiality is a whole different can of worms. 

 

Really though, best advice a copyright lawyer has told me is to never assume you can get away with anything until you can talk to a real lawyer about it.

[---Valiance---]

The Only Skins i liked is not coming *_*

[lukinu_u]

I was stupid, I thought I can use this texture because it was a "free download image website" but I didn't read the rule... I make my circuit texture (little different but without copyright problems)
I hope it can be selected even though...
http://steamcommunity.com/sharedfiles/filedetails/?id=557569532

Edited November 18, 2015 by lukinu_u

[MagPrime]

The Only Skins i liked is not coming *_*

 

They might make it in round two.

 

I was stupid, I thought I can use this texture because it was a "free download image website" but I didn't read the rule... I make my circuit texture (little different but without copyright problems)

I hope it can be selected even though...

http://steamcommunity.com/sharedfiles/filedetails/?id=557569532

 

I actually like the new design - thank you.

[OniDax]

It's still clearly using elements of that copyrighted image...

 

I offered some feedback on the Steam page, but bottom line: you're gonna have to create your own circuit image. Maybe you can find some actual free circuit texture, or maybe you can find some plugin for Photoshop that'll do it for you, or you could created it by hand. But don't edit over that copyrighted image. Because that's still a copyright violation for that image.

 

It does look a lot cleaner, though. It's just that, yeah, it's "a little" different, but the copyright issues are still there. Once you fix that up, I'm sure it'll make Round Two, since your skin is really popular.

Edited November 18, 2015 by AntoineFlemming

[OniDax]

On second thought, it's really just that center part that resembles the original a bit too much. Other than that, it's certainly better as it's not even as complex as the other one.

[Syln]

I was stupid, I thought I can use this texture because it was a "free download image website" but I didn't read the rule... I make my circuit texture (little different but without copyright problems)

I hope it can be selected even though...

http://steamcommunity.com/sharedfiles/filedetails/?id=557569532

 

It look better actually :D

Does the circuits use the energy color ? if yes it's gonna be great when channeling !

[lukinu_u]

It look better actually :D

Does the circuits use the energy color ? if yes it's gonna be great when channeling !

Yes, you can see the color schem on the first version

[[DE]Danielle]

Hey guys! Just a quick reminder to stay on-topic and keep the discussion Tennogen Steam Workshop related. Several posts over the last 2 pages were hidden for souring the thread. If you feel a Forum member is violating the Code of Conduct keep cool and report on.  

 

Thank you :)

[AlekVen]

Okay, DE: Knaita Mag skin just received the V2 variant. Even more badass than before. Please look into that, okay? :3

[Morgax]

Mag's skin reminded me of power rangers for some reason, it feels like an armor from rebooted version that being said, i still like it.

 

second liset looked interesting, other designs don't really tickle my fancy.

[7Lions]

I hear that these items are going to be steam exclusive?

 

Do tennos that don't use steam get a shot at these beauties?

[Syln]

I hear that these items are going to be steam exclusive?

 

Do tennos that don't use steam get a shot at these beauties?

 

Don't think so :/

[LordOfScrugging]

I hear that these items are going to be steam exclusive?

 

Do tennos that don't use steam get a shot at these beauties?

For now, no. but DE will try and get it to non steam users and console players some how, given that they don't like PC exclusives

[Valiant]

Anyone able to dig a bit and see whether this Mag Rogue is using the same textures as lukinu's? Looks rather similar.

 

https://steamcommunity.com/sharedfiles/filedetails/?id=557823757&searchtext=mag+rogue

 

Actually find the design a bit interesting, minus the circuit texture.

 

V2 of Knaita Mag looks nice. Makes Mag look so royal. I don't even really like Mag.

Edited November 19, 2015 by Naith

[_malaya_]

Anyone able to dig a bit and see whether this Mag Rogue is using the same textures as lukinu's? Looks rather similar.

https://steamcommunity.com/sharedfiles/filedetails/?id=557823757&searchtext=mag+rogue

Actually find the design a bit interesting, minus the circuit texture.

V2 of Knaita Mag looks nice. Makes Mag look so royal. I don't even really like Mag.

I'm thinking it's a mashup of a few different circuit textures. Check out the big chunky bit near the center of the face and compare it to this:

http://www.coolestwallpapers.com/dl/7021/abstract-circuit-boards-circuits-1680x1050.html

http://sophiebenoitstudio.blogspot.com.au/2014/11/circuit-diagram-wallpaper.html?m=1

The pixel camo, I'm 90% sure is from this one:

http://blog.spoongraphics.co.uk/freebies/free-camouflage-patterns-for-illustrator-photoshop

Better than the V1 Neon Skin since they're labeled as free

Edited November 20, 2015 by MaaYuu