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-   -   Can Avatars violate the 2+2 T&C's ? (http://archives1.twoplustwo.com/showthread.php?t=279593)

Stagger_Lee 12-10-2006 12:45 AM

Can Avatars violate the 2+2 T&C\'s ?
 
With such a strong stance taken against links to sites that allow downloads and a ban on discussions about software that may be used to assist in sharing things - why are avatars that contain copyrighted material allowed? Why are avatars that are clearly derived from someone elses art allowed. For example, avatars that contain clips from movies.

econophile 12-10-2006 12:47 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
i'm no copyright lawyer, but i think most avatars would be ok under fair use laws.

Stagger_Lee 12-10-2006 04:05 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Fair use for anyone who wants to use them?

Is this a liberal interpretation or is it just the way it is in your country?

Should you own some rights to the material that you use - or can you just take it and use it?

iron81 12-10-2006 04:23 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Generally, short clips of copyrighted material can be used by anyone. For instance, you are allowed to copy/paste one paragraph of an article without running afoul of copyright. The same thing goes for movies: movie critics are not violating copyright by showing parts of a movie.

Stagger_Lee 12-10-2006 04:35 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
But if you took a one frame still and used it in an advertisement you would not get away with it - so this issue cannot be as simple as you make it out to be.

amplify 12-10-2006 04:48 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
But if you took a one frame still and used it in an advertisement you would not get away with it - so this issue cannot be as simple as you make it out to be.

[/ QUOTE ]
Are you being an interminable nit for some specific reason or did your mom huff carpet cleaner during your gestation?

Stagger_Lee 12-10-2006 05:01 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
They're not my T&C's

Stuey 12-10-2006 05:06 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
They will never take me alive!

bobman0330 12-10-2006 05:51 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
But if you took a one frame still and used it in an advertisement you would not get away with it - so this issue cannot be as simple as you make it out to be.

[/ QUOTE ]

Yeah, that's totally different.

tomdemaine 12-10-2006 09:36 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
They will never take me alive!

[/ QUOTE ]

Keep on keeping on stu man!

Sniper 12-10-2006 10:19 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
They will never take me alive!

[/ QUOTE ]


http://www.statdoc.com/Wright/images...%20Patrick.jpg

ElliotR 12-10-2006 10:33 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
But if you took a one frame still and used it in an advertisement you would not get away with it - so this issue cannot be as simple as you make it out to be.

[/ QUOTE ]

I *am* a lawyer with a lot of knowledge of this topic, and let me tell you that if don't understand the difference between an advertisement and a forum avatar then you are never going to be able to understand the concept of fair use.

jman220 12-10-2006 10:34 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
Is this a liberal interpretation or is it just the way it is in your country?

[/ QUOTE ]

Unless you live in a third world country, this is probably the way it is in your country too. Due to all the treaties surrounding intellectual property, certain rules, such as fair use, are relatively standard across the board.

John Roberts 12-10-2006 01:52 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
They will never take me alive!

[/ QUOTE ]

You have nothing to fear my friend....

Stagger_Lee 12-10-2006 07:03 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
I *am* a lawyer with a lot of knowledge of this topic, and let me tell you that if don't understand the difference between an advertisement and a forum avatar then you are never going to be able to understand the concept of fair use.

[/ QUOTE ]

Jumping to conclusions and thinly veiled insults are not useful.

What would be helpful is answering the fairly straightforward question :

Should you own some rights to the material that you use - or can you just take it and use it?

iron81 provided some insight - I am just wondering if that interpretation is too broad.

ShakeZula06 12-10-2006 10:00 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Dude you already have an answer what else do you want?

Sniper 12-10-2006 10:20 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
[ QUOTE ]
I *am* a lawyer with a lot of knowledge of this topic, and let me tell you that if don't understand the difference between an advertisement and a forum avatar then you are never going to be able to understand the concept of fair use.

[/ QUOTE ]

Jumping to conclusions and thinly veiled insults are not useful.

What would be helpful is answering the fairly straightforward question :

Should you own some rights to the material that you use - or can you just take it and use it?

iron81 provided some insight - I am just wondering if that interpretation is too broad.

[/ QUOTE ]

If you are going to complain about something... you should at least do your homework and read up on the actual law and acceptable use.

If it makes you feel better... consider all avatars as falling under the category of Parody!

Stagger_Lee 12-10-2006 10:42 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
It's not really a complaint.

They are not parody - they use the actual material.

I don't know the answer and it seems that noone else does either.

This arose when a mod posted a reminder that users cannot link to sites deemed inappropriate because of IP concerns. That mod has an avatar that has a short movie clip in it.

I am not asking about the law, but about the 2+2 T&C's.

amplify 12-10-2006 10:57 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Yes, it is.

Ok, they aren't.

Yes, we do.

So?

It is clear to everyone but you, now go away.

tuq 12-10-2006 11:18 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Lee,

This whole avatar issue isn't something getting you laid couldn't fix.

Stagger_Lee 12-10-2006 11:46 PM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Simple question. Seems to have stirred a few emotions.

And no, you don't seem to know the answer. You just have an idea of how you would like it to be.

Just seems a bit hypocritical. If that's the way it is then it's no big deal anyway.

jman220 12-11-2006 12:17 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
Simple question. Seems to have stirred a few emotions.

And no, you don't seem to know the answer. You just have an idea of how you would like it to be.

Just seems a bit hypocritical. If that's the way it is then it's no big deal anyway.

[/ QUOTE ]

Stagger,

I'm a lawyer as well. You now have two lawyers in this thread telling you it falls under fair use.

Regards,
--jman220

Stagger_Lee 12-11-2006 12:44 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
OK - and I don't have to own the movie to use the clip as an avatar on the internet - it's fair just to take it and use it?

That's a pretty good deal. I thought fair use only extended to backup copies, watching with friends and family etc. If I can rip segments to mpg/avi and upload legally that is amazing - to say the very least. If I can use segments that others have converted and uploaded better still.

Solid clear advice. Thank you.

amplify 12-11-2006 12:49 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
http://i64.photobucket.com/albums/h1...92/suicide.gif

jman220 12-11-2006 12:57 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
OK - and I don't have to own the movie to use the clip as an avatar on the internet - it's fair just to take it and use it?

That's a pretty good deal. I thought fair use only extended to backup copies, watching with friends and family etc. If I can rip segments to mpg/avi and upload legally that is amazing - to say the very least. If I can use segments that others have converted and uploaded better still.

Solid clear advice. Thank you.

[/ QUOTE ]

Are you always this dense? How do you equivocate taking a 5 second clip from a two hour movie, without sound, in a 1 inch by 1 inch square, to be the equivalent ripping and uploading entire movies? You're an idiot. Fair use requires analyzing several factors one of which is how much of the material you are using.

Stagger_Lee 12-11-2006 01:16 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
Nothing to do with entire movies - that was your mistake, not mine. I am clearly talking about using a clip as an avatar and about 'segments' - not entire movies.

Same question - under your fair use scenario do I have to own the material myself? For example, if I want a Finding Nemo avatar can I just take one or should I own the movie?

More to the point - the DMCA would be more applicable. Yeah it's OK to use your purchased material in accordance with 'fair use' - but does this extend to converting the information to another format?

No need for insults - it isn't an emotional issue.

soah 12-11-2006 07:24 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
I don't know the answer and it seems that noone else does either.

[/ QUOTE ]

Hey, one out of two ain't bad!

Sniper 12-11-2006 08:22 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
[ QUOTE ]
I am not asking about the law, but about the 2+2 T&C's.

[/ QUOTE ]

The answer to your question is... Yes, it is possible for an Avatar to violate the 2+2 T&C... and Yes, there have been people asked to change their avatar.

NT! 12-11-2006 09:05 AM

Re: Can Avatars violate the 2+2 T&C\'s ?
 
ughh i wish i hadn't moved this earlier on so i could ban this guy for being a retarded troll now... mike move back to OOT plz k thx


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