Textures consisting of photos from the net - COPYRIGHT?

[LuckyGirl]

Hey guys,

I have a legal question - it's all about copyright.

For the wall textures for my harbour set I use very small parts of a photo of a complete theme park building - now, the website owners mention copyright, especially for the photos.

I basically copy a very small piece of the wall to get a texture and then change it to bmp format. As I "reproduce" the photo, do I breach copyright? I do not wanna release something illegal and would have to find an alternative.
I could also try to get permission, but if I need to get permission everytime, then I will go crazy...

Would copyright count, as this has not much to do with the original photo anymore? I mean surely there is a difference between me copying and publishing the photo, publishing this on my website and suing it for a texture?

Would copyright then not also be breached, when I use a photo from the Internet as atavar?

What about the photo, that I used for my fish textures?
Don't get me wrong, should this be forbidden, then I will delete the stuff, but I need to know... :cry:

[marnetmar]

I'm not sure exactly how the copyright issue works with using a part of a pic.
Does it state something like "You can't use any part of the copyrighted pics" or anything like that? I avoid using copyrighted pics for textures, especially since there's so many other pics you can use with no copyright issues at all.

[weasel497]

Not too good with legal stuff, but I think that it's perfectly fine as long as there's no name or copyright on the photo itself. If this is wrong, I've broken the law a LOT of times.

[LuckyGirl]

There is no name or copyright on the pic - I wouldn't use those at all.
I had to search the website to actually find that copyright, which states that no part can be reproduced...

How do I know if a pic on the Internet is copy protected? Does it need to have a watermark, etc. or is a sentence like this somewhere on the website ok?

I create most textures myself, but something like a fish or those walls should look realistic...

[niccum_123]

Using even a small part of a copywritten picture is illegal
You may only use the picture if it has been changed with atleast four noticable differences. A picture is not copywritten unless there is and official copywrite on the picture or the page. I know this law very well. My Uncle's A lawyer.
to know if there is a copywrite on the page or pic there will either be a C in a circle or a sentence stating it is under copywrite. Most of the time there is a combonation of the two.

[composerboy]

Don't worry about it. You're not making any $$ from using it anyway.

[marnetmar]

Most pics on the net aren't copyrighted, those that are are usually watermarked or there's some kind of announcement about not using them.

Just try searching on yahoo images for rock wall texture or rockwall texture & see what comes up. You might see something that you don't want to use, but if you check out the site, you might find just what you need. If you see a good quality pic in the results, just right click on it & open in new window, that way you don't lose your search results & you can explore the site to see what else is available.

[LuckyGirl]

Ok, I will delete the textures :cry:
So, basically I have to search every website for a copyright notice?

I will end up drawing them then... I hope that works out.

[composerboy]

Here's my secret - I get almost all my textures from people's pictures posted on Flickr.com . they're huge and almost all are creative commons licensed.

DUDE - don't worry about it. You're just making fan-made custom scenery for RCT - you're not making it and SELLING it like Atari does. They have to worry - not you.

Just use whatever you want. I wouldn't worry about the creator of the picture finding your object, getting outraged and suing you - for what?

[LuckyGirl]

So, Flickr.com - those pics are all safe to use?

[composerboy]

Yes, unless the user has disabled the download. I've found a few of those. But otherwise, yeah. Creative Commons license. Just don't sell your scenery.

[LuckyGirl]

I wouldn't sell it :)
Thank you!

[wabigbear]

Copyrights cover a wide variety of items, and if the photo in question is a copyrighted item.

I think what it comes down to is a personal choice. I know for a fact that many, if not most of the images and logos offered here for people to use in their parks or on their billboards are actually copyrighted material used without the authors permission, and violate copyright laws. Hosting them and distributing them from your own website or photo host is also against copyright law.

I have asked a couple websites myself for permission to use things on my billboards (and permission was always granted). They were surprised and thankful I asked. Other's didn't bother...

But it's a far different thing I feel to use a very small part of a photo. You aren't distributing the photo. You aren't selling it. You aren't claiming it as your own work.

It's kind of like deciding to what degree you are going. I think someone using a small part of a photo for a texture on a object file used in a computer game for which they are not recieving any payment is actually very small potatoes in the scheme of things. You have to decide what feels right to you. If you can't justify it to yourself - don't do it.

[LuckyGirl]

Hi Wagibear,

As I would like to use the photo to create several texture tiles - which would require a zoom in and search to realise it was taken from this photo - I might ask the owner tomorrow. That way I can also link the original picture and show you what the idea is...
But yeah, I don't really think what I am doing should cause any problems, but you never know. I am very honest soul who has never stolen anything (ok, in cases cashiers didn't charge me for everything, because they were busy chatting instead of working, bad luck).
I just don't wanna get in trouble.


Oh, to give you an idea - one texture consists of about a 42th of the original image...

[wabigbear]

Worth a try...and composerboy gave a great idea too. Seriously, I don't see it being a big problem, but I commend you for raising the issue. Many people wouldn't think twice about it!

You know, if there's a specific building you want the texture for maybe we should have a texture thread? I have some pics I took I'd offer...maybe others do as well?

[tobor49]

Lucky Girl,

As you can see, you are getting responses of "no its not OK", "Yes Its OK",
"I think its OK", "I guess its OK". Copyright laws vary from country to country.
There are also International Copyright Laws.

For the correct answer you need to talk to a lawyer that specializes in
copyright laws for your country. And since this is a global community here,
you would need some International Copyright counsel.

Just remember, if you get sued you will pay, not the novices that "guess"
what is right or wrong.

[DisneyBound]

Hey Lucky Girl,

If you use a pic from a website & the webmaster is capable of somehow finding the 1/42 portion of the pic you used (assuming he/she plays RCT3), usually they'll just ask that you remove the pic. No harm no foul. Again, your not using the pic for profit & not for commercial use. Your liabilty, if any, would be VERRRY small. Try http://www.freefoto.com They have huge library of FREE pics to use. Good luck!:up:

[rctmaniac]

heres a good site for free textures-personally I wouldnt worry about copyright inless it has a watermark or something.
http://www.mayang.com/textures/
http://php2.cthome.net/toolbox/clipart.asp

The top link you can only download 20 a day inless you pay, the second seems ok but with not as good textures for rct3, just google it.

[LuckyGirl]

Wow guys, I didn't expect so much response - it seems to be a topic that does concern a lot of you.
Well, as I plan to make several pics out of the one photo and might wanna use photos of this site for future projects, I will ask the owner.
Generally, if it is one small pic and I use it and the owner finds out, I think they would just ask to remove it, as mentioned - I mean really, would you go to court over a small pic, which was used for non commercial purposes? I wouldn't...

Wabigbear, I love the idea with texture thread!

DisneyBound and Maniac - cheers for the links ;)

Oh, and if some of you wonder - I have deleted the wall pics in my other thread until this is solved ;)

[rctmaniac]

^No problem, I really think you should either:

1) Contact the site where you found the picture and tell them and ask if it is ok
2) Use it, and if the site owner tells you to not use it then dont, he wont take you to court or anything like that-its a tiny 12x12 or smaller picture.

[Vodhin]

I would avoid using any image where a copyright "stamp" is clearly visible near, with, or on the image in question. I would also avoid any image with a specific detail to it:

A section of a brick wall- well, that could be any brick wall... But now consider a person in front of that wall...

Also, wether or not you make money with it may not be the issue: but rather if you provide access to the image in a way that causes a recordable, provable loss. I know of this from my own copyright that I own.

[LuckyGirl]

Hi guys,

I am all happy - the lovely owner of the website allowed me to use the pics for my harbour set :D :D This Saturday is good already.
Dear Stefan, thank you!

I am glad I asked now (would have felt guilty if I wouldn't) and would recommend to everybody to check the websites for copyright protection. If the pics are copyright protected, go and send an email - it is not a big deal and you know if it is ok to use or not.
I wouldn't be too happy if parts of my harbour set would be copied and released by another person either, without me even knowing it :p

So, here is the pic this is all about

http://www.clickmagique.com/images/Externals/Germany/EuropaPark/Atlantica-SuperSplash/Atlantica-Super-Splash002.jpg

As you can see, nearly all textures I will need are included - oh, and I do plan to make those wee towers ;)

[rctmaniac]

kool-i did the same-i used a 'Please wait to be Seated' sign from the net for my latest set. Oops-said too much already :D. Those towers will be a challenge!! A Cylinder with holes in them is what I would do :p

[LuckyGirl]

Sounds cool :D And admit it - you wanted to spoil the suprise :p
I don't think the towers gonna be particularly difficult. It's similar to shaping vases, just on a bigger scale. I don't even think I go for holes - I will just use an alpha texture instead (so much easier). I think for the towers it won't matter if the "windows" are real or not. I will use walls with holes for the straight walls though, as then you can see peeps walk by :rolleyes:

Oh, btw - I was "clever" enough to use real holes in my vase table, instead of just going for an alpha texture > was quite some work and increased polycount quite a bit...

[wabigbear]

I've been wanting those small towers!

Glad it all worked out LuckyGirl!

[LuckyGirl]

Oh, do you know the Europa Park?

[RCT-Spanky]

I think, if you just use a small part of the photo, that should be no problem, because the whole picture is not to see. You could also shot the photo of the wall by yourself. As i know, you have visited the park and I'm sure you have shot some photos there, right? So the part, that you wanna use, could also be from your own pictures ;)

If you want to be on the saved side, you could ask the photographer for his permission and show him, which part of his picture you want to use. I'm preety sure, that he has nothing against it.

[LuckyGirl]

Hi Spanky,

I did get the permission ;) And not only that, but also a copy of the photo with higher resolution - which will improve my textures :) Yip, I am very lucky (thus the name).

So guys, be honest and ask for permission, at least if it is a very special picture or you want to use several pics of the website. I think most owners will be happy to help out - and the ones who won't help might have very good reasons such as financial loss, etc.

I know that the subject is kinda difficult one, as it really is a question of where does it start and end. Copying a pic for an avatar without permission is absolutely normal today, so I think the limits aren't clear. So if in doubt, ask.

[RCT-Spanky]

Congrats for the permission ... I do ask for permissions when I used somethin' special for my Shrek-Fansite and I get the permissions mostly without any problems.

[LuckyGirl]

Hi everybody,

I just read info about FLICKR.com - not all pics can be used! There are some with "All rights reserved", so have a look at what you are downloading.

Lucky

[Belgabor]

Heh, now we'll just have to wait till frontier releases the 90 deg. turntables for the splash ride :p

[Beldin]

How about this question since we are talking copyright...

If I'm at a theme park and I take photos with my camera, I can pretty much do anything I want with those photos, right?

For example, at Carowinds in Charlotte, NC, there a replica of a Borg Orb. I've taken some pictures of the orb and am trying to use the pictures to texture an orb that I've created. Is this legal? Acceptable?

I would think this is ok since the park does not restrict camera use (other than on-ride, or show) in the park.

[Belgabor]

That depends on the laws. I remeber there was a fuss about pictures taken of a big public artistic thing (statue is the wrong word) where the artist claimed copyright and forbade pictures. I don't remeber how it was resolved, but if I remember correctly (ianal) the keyword is public accessibility, ie if it is publically accessible, pictures are free of copyright. Unfortunately I have no idea wether amusement parks are 'publically accessible' in this regard as you usually have to pay to enter...

[LuckyGirl]

Hi Beldin,

I do not know the law, but I can't imagine any theme park suing you for being a fan and making custom scenery and therefore advertisement.
Oh, and then there couldn't be all those fan sites.

I was only concerned about the actual photograph copyright. As I didn't take the pictures (and believe me, I am no good at taking pics) I had to get the owner's permission.

LG,

Lucky

[composerboy]

Seriously, you guys.. I think it's great that everyone is so respectful of copyright and all, but I think everyone is a little too worried. No one is going to come after you, even if they can recognize anything. There's no damages to claim. You're not selling your scenery, so don't worry.