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 Forum index » Archive » Archive: MetaCortechs » MetaCortechs: General/Updates
[LOCKED] OFFTOPIC-Shop's Open!!! *link removed*
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Worker
Decorated

Joined: 07 Oct 2003
Posts: 233

Omnie wrote:
Actually, I'm pretty much convinced that the PMs read this forum. Chances are (very good chances are) that they know all about this.


I'm sure they read the forums, but do you think they also read the non-puzzle threads? I have a hard enough time keeping up with everything myself, and I don't have an ARG to run!

PostPosted: Wed Nov 19, 2003 2:13 pm
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Omnie
Entrenched


Joined: 07 Oct 2003
Posts: 772

Worker wrote:
Omnie wrote:
Actually, I'm pretty much convinced that the PMs read this forum. Chances are (very good chances are) that they know all about this.


I'm sure they read the forums, but do you think they also read the non-puzzle threads? I have a hard enough time keeping up with everything myself, and I don't have an ARG to run!


Well, they'd have seen the topic title, at least. It's pretty obvious what we're talking about...the T-shirt thread? Shop's open? If they had concerns about stuff like this, they'd have opened the relevant threads to see what we were doing. So...yeah, I agree with myself. Mr. Green

[edit] Oh, you said "non puzzle threads" I thought you meant off-topic threads...yeah, I guess you might have a point. But...when people point out typos in the General Updates forum, they get corrected, don't they? So, in conclusion, I think I still agree with myself. Mr. Green

PostPosted: Wed Nov 19, 2003 2:18 pm
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niobexrev
Unfettered


Joined: 06 Oct 2003
Posts: 428
Location: trapped in my bedroom vortex

Perhaps he could change the topic to [OFFTOPIC]Purchase Metacortex Memorabilia

Something like that.
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PostPosted: Wed Nov 19, 2003 2:24 pm
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King Mob
Decorated


Joined: 15 Nov 2003
Posts: 289
Location: England

Okay, I found this article on copyright law, written by Kathleen Brockel (she presents a sampling of opinions and predictions about the application of copyright law to Net photos in relation to contemporary photographers; stock photo agencies; publishers; and Net users.)
http://www.gsu.edu/~lawppw/lawand.papers/KB4.html

In summary (of that part which concerns us), she says that the policing of those people who do not make a profit of a distributed photo is difficult at best. So, if we keep the number of people who get the t-shirts, etc. fairly low (how many people are playing this game, on this forum, anyway?) and without making a profit, we should be fine.
If we also put the photographer's name under the photo, in small lettering, that should also cover us; but also consider that the photograph we are using has been altered, so how much less (or more?) is it worth to the photographer?
Since the photographer would only sue if he/she felt we were infringing their ability to make a profit, which I seriously doubt we would be since the photographs are specific to only those who have played the game; and since they presumably already sold these photographs to the PM's, they knew the photographs would be altered.
And we can't be infringing the PM's ability to make a profit on future merchandising because, as Omnie noted, they would have spoken up.

EDIT: Ultimately it seems, ''Fair use is always subject to interpretation.''
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PostPosted: Wed Nov 19, 2003 2:52 pm
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Wix
Boot

Joined: 08 Oct 2003
Posts: 57

King Mob wrote:
In summary (of that part which concerns us), she says that the policing of those people who do not make a profit of a distributed photo is difficult at best. So, if we keep the number of people who get the t-shirts, etc. fairly low (how many people are playing this game, on this forum, anyway?) and without making a profit, we should be fine.

Just saying that you're playing with fire. Who are we to determine on the behalf of the owner of that image that there's no potential "profit" to be made off their photo? You can rationalize it all you want. No one here has the authority to justify it. If someone's going to make the T-Shirts, they do so without the consent of anyone but themselves.

Perhaps the "original" artwork of the ARG is OK (like the paintover pics...?), but certainly the "stock" photos are easy enough to buy legally, and then put this issue to rest for sure, the right way.

King Mob wrote:
If we also put the photographer's name under the photo, in small lettering, that should also cover us; but also consider that the photograph we are using has been altered, so how much less (or more?) is it worth to the photographer?
Since the photographer would only sue if he/she felt we were infringing their ability to make a profit, which I seriously doubt we would be since the photographs are specific to only those who have played the game; and since they presumably already sold these photographs to the PM's, they knew the photographs would be altered.
And we can't be infringing the PM's ability to make a profit on future merchandising because, as Omnie noted, they would have spoken up.

EDIT: Ultimately it seems, ''Fair use is always subject to interpretation.''


Why go to such ends to "skirt" the law, and it's grey areas, when it's very easy to do the right thing and still get the desired results? The person who's making the T-Shirts can easily do this the absolute legal way and buy the stock photos, and contact the PM's about the "original" ARG artwork. I'm sure there will be no problem in using it, but it's always better to ask first!

PostPosted: Wed Nov 19, 2003 3:37 pm
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SpaceBass
The BADministrator


Joined: 20 Sep 2002
Posts: 2701
Location: pellucidar

Because of the copyright infringement issue, which is complicated by the fact that the owner of this shop is earning a profit on each sale rather than selling the items at the base CafePress prices, I have removed the links to this shop from this thread and from the shop owner's forum signature. Unfiction is not associated with this store and will not support it until and unless these issues can be resolved satisfactorily. Please do not repost these links on any Unfiction resources.
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PostPosted: Wed Nov 19, 2003 4:45 pm
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