Fair Use

[tim]

Hello everyone.

I'm busy developing a web site and I want to add an image of Yoda next to the heading. The image is similar to the one in my avatar. I thought this will be nice, but my father suggested that I consider the copyright on the image.

It turns out that the image is copyrighted. My avatar is probably also copyrighted. But, I did some research, and it follows that the material can be copied under "fair use". Now, for me and many others, these are very vague terms. I mean, when a copy "fair use"? The sites I looked at all go far past the level of my understanding of general law. Here they refer to "low resolution images" and "limited use".

Unfortunately, these don't answer my question: "Can I use Yoda on my website because he looks cool?"

Thank you for your interest and any comments and opinions are welcome. ;)

[CaptainMorgan]

I think most images such that you mention can be used within reason, thus being that you are not directly(or indirectly for that matter) generating revenue because of your pictures. If you generate income or sales, and you're using the pictures - it's clear to me that would be a violation. Otherwise, pictures can be simply viewed as an extension of one's self or one's personality and is therefore considered harmless. To businesses, it's all about the money money $$.

Of course these are my opinions... you should attempt to get official terminology from the those that stated their copyright or those that uphold or enforce copyright laws. :)

Cheers

[Eranga]

Most of the images have copyrights with them. Basically that's encrypted with the images data. One of my friends shows that copyright encryption/decryption using C++ application. It's really nice. But it's not for all.

As Captain says, copyright comes to the picture depend on the usages. If you use an image for commercial purpose, that means sell to another party and make an income, it's a violation. Luckily most of such image providers given you two types of images. As mentioned in the original message of the thread, able to find low resolution as well as high resolution images. In that case there is a higher possibility to have copyrights for high resolution image and not for low resolution image.

[fishtoprecords]

IANAL, and sadly, copyright law is an area where you should not get advice from a forum, but should get it from a real lawyer.

"fair use" means that any use had to recognize that Lucas, or LucasFilms, owns Yoda and all images of Yoda.

If you did something like have Yoda do anything that endorses your site, or the use of your site, then you had better get clearance.

If you have Yoda and other fictional characters that are incidental to your site, you probably are OK to use it, but you had better be prepared to change it if Mr Lucas' lawyers tell you to cease and desist.

If you look at commercial advertisements, those that reference other products, say a game that "runs on Windows" you will see a disclaimer that says "Windows is trademarked by Microsoft", frequently with a link to microsoft.com

Yoda is cool, but Lucas owns him and all expressions of him.

[tim]

Thanks everyone. ;)

It seems there are many opinions here, but I get the same feeling from each one: "This is a bit dangerous. Don't be surprised if you burn your hands." So, I think it will be best to close the door on this one. :p

Thanks again though. :D

[Eranga]

Actually most of the image provides wont sue if you use a copy righted images. But not all of them. So the best thing is use of your own once or free(un-copy righted) images for you applications.

I've seen that some people change colors and so on, within a copyrighted images and use. But doing that we can't exceed the copy right. Still the owners of the image can sue. There is some ways to avoid that copy right and use in your application. But it's not fair/better to discuss in a place like forum. So I don't want to talk about more on that.

[fishtoprecords]

I've seen that some people change colors and so on, within a copyrighted images and use.

If it looks like Yoda, its Yoda, even if you make it orange.

[Eranga]

Yep, actually in some copyrights encryption algorithms they have encrypted the image size too. So, use of them is dead. ;)

[tim]

Law isn't like programming at all, is it?
In programming it goes like:

1. a for loop will iterate though the array easily
2. use an if statement for conditional output or procedure
3. etc.

And law's like this:

1. the image may be copied under fair use
2. this may or may not imply low resolution images
3. permissions may be required if the copy it is within fair use
4. additionally one could be required to consult General Law Seventh Amendment Act 257 of 1995 (for example)

I can see the word "maybe" and "could" often here. These statements are so uncertain of themselves. :rolleyes: And interestingly, this is how my Google results looked like. If I really knew my law I would consult the books, but for the average citizen, a lawyer perhaps?

[Eranga]

Programming and Law is too different things. But in programming we have to think about the law too, like in this case. We need to use an image but have follows some rules too. As a software developer we have to keep in touch with them too tim.

[Nicholas Jordan]

Tim, I could really have some fun with you here but we are on the open wire. I can put peoples brains in a can on this one, but the basis of the dichoto-brain you have identified is a really good place to start. Let me make a simple mod to plan B in your developing development of mental metal:
And law's like this:

1. Send Money.
2. Send Money.
3. Send Money.
4. Send Money.
5. Send Money.
6. Send Money.
7. Send Money.
8. Send Money.

Put that in a while(true){} with no breaks and you have the second part down Pat. ( master crypto - he will be able to deal with it )

The way we scope the problem is:

1. Kid goes to school.
2. Kid goes to Law school.
3. Kid buys red Ferrari.
4. Kid gets served alchohol underage at Chuy's.
5. Send Money.
6. Send Money.
7. Send Money.
8. Send Money.

To accomplish this, we have generations in descent from GeneTrees going back past the Toba event that have as the One Sole Goal, the One Soul Goal the near-religious avoidance of work to the ........

I have to break it off here, you wouldn't believe me if I told you. Basically it is guaged by realizing where they want to break it off is somewhere around your neck. Possibly explains why RedNecks are the way they are.

[CaptainMorgan]

Gosh.. sometimes I'm just speechless... :D

Tim, you should probably just consult a copyrights lawyer. ;)

[tim]

I tried a search for dichoto-brain.

Nicholas Jordan, would you care to explain?

[Nicholas Jordan]

di - or dichoto: forming or having two halve. In this instance, a methaphor of let's say burnt-hands vis-a-vis the ideal of free use. IOW - an un connectable

Aw, hell - in engineering it is called a tightly coupled system. They never agree, one balances the other. Maybe not a lot of fun.

Brain, short-slang for thought.

The metal whatever it was was just typing real fast and this problem has resonances in issues that are hard as metal. IOW-Q&D

[ImaginationX]

LucasLicensing are usually very welcoming of fans using their images and themes so I wouldn't worry about it too much, but it's always nice to send a curtious letter requesting permission. You probably wont get a reply, but it's polite.

[joker]

oh kewl i dont know what to say