intellectual property?

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17 comments, last by Shrapnel 15 years, 8 months ago
I have a question about intellectual property (rule 15). I know I can't rip something out of a game and put it in my game. What if I see something at the park that I want in my game (say a pony) and I take a picture of it and cut it out and paste it in my game. Is that stealing someones property? What about something in a hotel, store or public place? I know pictures of people I need permission of. Brain21
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It depends on the country/state you're in at the time.
Usually, if you're on private property, then the owner of the land owns the copyright on your photos...

Check out this summary of photographer's rights in canada.
In the US, it varies a bit by state but the general rule of thumb is that it depends where the picture was taken. If it is a public place (such as a park owned by the city/state), then generally speaking it's alright to use. If the picture is in any way on private property, or includes items that violate an individual's perceived right to privacy (for example, shooting from public property through a window, inside a public building in an area marked 'private', or in a public office with a door!) then you need permission. Things are muddied further by the fact that we own our own likeness - so if you use photographs of people, you need a release waiver from the individuals... except for public places, generally outdoors. Oh, and make sure that anyone you photograph is clothed and isn't objecting to your photography - both of those can run afoul of local privacy regulations.

You can take a relatively generic picture, and use elements of it to form something else. For example, take a picture of a pony and use it as reference material for skinning a virtual 3D pony. You *might* run afoul of 'derived work' rules, but it's very unlikely for something as generic as a farm animal. You *would* run into issues if you snapped a picture of (insert celebrity here) in the park and decided to use his/her likeness.

Finally, for a pony in the park - if its a pretty normal pony (i.e. hard to tell whose pony it is), isn't marked in some way (I'm really not sure how you label ownership on a pony - on a dog, a collar might be a giveaway) and you crop out the background, it's very unlikely anybody would care.

All in all, it's a legal mess. (I'm not a lawyer, but I do have a law degree. This isn't legal advice - attorneys can legally give that, I can't!)

Edit: Just noticed that you are in Canada. I know Canadian copyright law is similar to the law here (as is UK law; my degree is from the UK), but it's probably not exactly the same. Sorry to add further confusion!
Ok, what about an object, say a lamp in a hotel lobby or a big garbage bin in the back of a walmart (no walmart sign in pic). Maybe if its a designer lamp for that chain of hotels, someone would care?? Maybe not. I don't think I'll be skinning anything, but maybe cut/pasting pieces of taken pictures into the game.

I'll read that site posted above too.

Brain21.
Anything in the Hotel is private property and you will need a release to use that photo. It's not a public area technically. Walmart dumpster is outside on their rented property and their logo is protected also.

"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." --Benjamin Franklin

If in doubt, ask. "Could I take a photograph of your pony for use in a game I'm making?" While there's a chance that, at least in some places, it isn't legally required, it is still courteous.

You may also want to get a name and phone number or email address to go with the photo, so that if you need more photos or anything like that, you've got a contact point. (Optional, of course).

Richard "Superpig" Fine - saving pigs from untimely fates - Microsoft DirectX MVP 2006/2007/2008/2009
"Shaders are not meant to do everything. Of course you can try to use it for everything, but it's like playing football using cabbage." - MickeyMouse

Sounds good. that's what I'll do.
Just a random off topic post, but doesn't the first amendment (assuming you're in the USA) invalidate all copyright laws?

I've got the luxury of currently being mostly above the law due to my rank in the army and the relative ranks of most peace officers (heh...don't tell my boss)...so as a sworn protector of the constitution, can I safely ignore copyright laws?
*-----------------------sig------------Visit my web site (Free source code and games!) @ http://SpaceRacer2025.blogspot.com--------------------------------------*
Quote:Original post by aersixb9
Just a random off topic post, but doesn't the first amendment (assuming you're in the USA) invalidate all copyright laws?

I've got the luxury of currently being mostly above the law due to my rank in the army and the relative ranks of most peace officers (heh...don't tell my boss)...so as a sworn protector of the constitution, can I safely ignore copyright laws?
The neat thing about laws is that you can violate them all you want. In most cases, doing so will have consequences severe enough that the general perception is that it's better to follow the law, but if you feel strongly enough about an issue, you might very well consider the consequences perfectly acceptable.

Even if you were legally above the law in some way (and such a general status doesn't exist in the US AFAIK), it'd still be possible for somebody to sue you over copyright infringement, and you'd still need a lawyer to demonstrate your protection with the proper paperwork.
"Walk not the trodden path, for it has borne it's burden." -John, Flying Monk
Has anyone tried a 1st amendment defense to a copyright suit? In the USA, of course.

Oh, and all the president/governor/judge's buddies are above the law...most of the time...
*-----------------------sig------------Visit my web site (Free source code and games!) @ http://SpaceRacer2025.blogspot.com--------------------------------------*

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