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Copyright claims on Custom Avatars?

 
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Gui Cirrus
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Joined: 24 Dec 2008
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PostPosted: Wed Dec 24, 2008 3:28 pm    Post subject: Copyright claims on Custom Avatars? Reply with quote

I went through Jillian's Strip Tease Theatre yesterday, and something strikes me as curious... Though the character belongs to one of the forumers here, the copyright notice on the artworke claims the character as Vanessa's. At least in function, anyway. I'm pretty sure this is an unintentional omission, as the biography does indeed specify that Jillian is the avatar of one of the forumers. Given that the copyright phrase used is the same on basically all of the artworke I've looked at thus far, I'd guess she (or whoever tosses it in there) just copy & pastes the same phrase.

It's not that critical to me personally, and you may have gotten permission from Jillian's owner. I just figured I'd bring it up, since it COULD cause trouble sometime down the line (depending).
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Ashton Gray
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PostPosted: Wed Dec 24, 2008 4:38 pm    Post subject: Reply with quote

Our characters are our own, but the artwork belongs to Vanessa Santato and to her alone. ANY contestation that her artwork is not her own will be met with the strongest and most severe reaction, legal and/or otherwise.
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JohnnyPsycho
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PostPosted: Wed Dec 24, 2008 6:03 pm    Post subject: Reply with quote

Yeah, I was just about to say what Ashton said already... While the characters, biographies, and stories that we create for our fursonas (fursonae?) are our own, the graphical depictions of them are Vanessa's creations, since they are her artwork and the characters appear in her comic. Otherwise, it would become too confusing a task to hunt down every person whose character makes an appearance in her work in order to get their permission for furture depictions, cameo appearances, reprints, etc.

To make things even weirder for you, I just got done with a fanart (I promise to post it as soon as I can) depicting my and Kommy's characters, but strongly influenced by Vanessa's art style. As a result, the artwork is mine, but I give credit for the characters to Vanessa, since they're based on her designs, despite Johnny Six-Killer being my own fursona. Or something like that, I'm still figuring out the details...
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kommy
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PostPosted: Wed Dec 24, 2008 9:59 pm    Post subject: Reply with quote

Not to mention the not insignificant detail that I might be involved in your plans somewhere, too. Cool

What is this, anyway? Is it something naughty, Johnny? Embarassed
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Gui Cirrus
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PostPosted: Wed Dec 24, 2008 11:51 pm    Post subject: Reply with quote

Please, don't jump for your torches. I'm not claiming the artworke isn't Vanessa's. I thinke it's spectacular; suffice I'm paying to see more of it. =P I am only talkeing about her usage of other peoples' characters, as that's the only thing that might cause problems.

The conflict is with the statement on certain images, like this. To quote, "Story, characters and art by Vanessa Santato." And while this is true when referring to the Pleasure Bon Bon website as a whole, it is NOT true in regards to the content of the image which it is a part of: While the artistic representation OF the character is hers, the character itself is not. And with this being a paysite, one could make a case that the owners of this site are using another person's intellectual property for profit, without royalties, consent, or even crediting the source. Which is somewhere in the range of illegal or unlawful (depending on the country, I suppose). There IS some leeway in that the term 'copyright' is never actually used in that tag, but...I wouldn't suspect that to helpe much in a court. =/

Now I'm not suggesting that this is GOING to happen—or, indeed, that it even should; there's mention that it's someone else's character right there on the image, after all, just not in legalese. As I said earlier, I would suspect this was an honest mistake, or that the thought never even occured. But to me personally, it would be upsetting to see folke get in trouble for something so trivial (and so easily covered), so I figured it was at least worth bringing to the attention of...well, whomever it may concern.

Not tryin' to tell people how to do stuff. Just offering advice, neh? =)
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Drofgod969
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PostPosted: Thu Dec 25, 2008 12:01 am    Post subject: Reply with quote

Trust me drop this. There is nothing wrong here. I see where you are coming but you are going about it all wrong. so just drop it.
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Gui Cirrus
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PostPosted: Thu Dec 25, 2008 7:48 am    Post subject: Reply with quote

Uh...if you're going to tell me to stop, I'd at least like a rationalization for it beyond "you're going about it all wrong." =/ That doesn't tell me a thing.
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Armadillon
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PostPosted: Thu Dec 25, 2008 9:57 am    Post subject: Reply with quote

Gui Cirrus wrote:
And while this is true when referring to the Pleasure Bon Bon website as a whole, it is NOT true in regards to the content of the image which it is a part of: While the artistic representation OF the character is hers, the character itself is not.


This is where your case is based but your assumption is wrong sir. (I can not fully argue the case because I do not have a custom avatar of my own) BUT we (they) did not create them, she did.

Having an avatar made is a service for patronage that she provides, it's an honor to have one made and put into the world she created. The copyright is basically so people can't take content from her site and distribute it somewhere else.

The characters themselves while they may be ideas or thoughts from the members of this place they are Vanessa's creations, they are her works of art, THEY ARE HERS.

If you did go to a courtroom where would your evidence be to support your arguement that the character is indeed yours and not hers. And like I previously stated avatars are only made for active loyal patrons as a service or gesture of gratitude.

Johnny pretty much nailed it on the head in his post I was just putting my two cents in.

I'm sure the member that started this forum only had Vanessa's protection in mind seeing as how he is a paying member in all. I'm sure he was just trying to make sure that no one took advantage of our wonderful artist's kind nature Mr. Green .


Anyway /rant off....I don't think anyone who has gone long enough and remained loyal enough to be gifted with an avatar would even consider doing something like this.

Happy Holidays Yall! Very Happy
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Ashton Gray
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PostPosted: Thu Dec 25, 2008 10:25 am    Post subject: Reply with quote

Here's a simple example: Say you walk up to a sculptor and give them a detailed description of exactly what you want them to sculpt. The idea you give is your own, hence making the character depicted in the sculptor's creation your own, but the physical reprisentation of the character depicted in the stone the sculptor has just finished would belong to them. (if this seems inaccurate or too simple, please, speak up. I've been having to simplify things like this a lot lately so I may have overdone it or just plain gotten it wrong somewhere)
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JohnnyPsycho
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PostPosted: Thu Dec 25, 2008 12:19 pm    Post subject: Reply with quote

It would be slightly different if the character in question were already depicted in other works, such as another artists' webcomic or series of written fiction (I know other artists' characters, like Greycat and his characters, have appeared in cameos before, among others). The fact that they then would pre-exist as creations under copywrite of the original creator would probably change things more than slightly, but in the large part most of the forum avatars have been characters created in the forum, or augmented from pre-existing fursonas to fit within the setting created by Vanessa (for my part, there was no Johnny Six-Killer before PBB, so my character was tailor made to fit within the setting anyway).

Plus, the way I see it, as much as I like Johnny Six-Killer, I can always create more characters for myself if a question of who "really owns" the character were to ever come up. I suppose it's no secret that I love creating new and interesting characters as much as possible... and I completely entrust my virtual representative in Vanessa's skilled hands.
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JohnnyPsycho
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PostPosted: Thu Dec 25, 2008 12:23 pm    Post subject: Reply with quote

kommy wrote:
Not to mention the not insignificant detail that I might be involved in your plans somewhere, too. Cool

What is this, anyway? Is it something naughty, Johnny? Embarassed

Nothing too sorid, I promise... It's just the two characters posing, as if for a photograph, you in your Christmas outfit, and me wearing two hats (and holding a brandy glass). It was a funny enough image in my head that I had to draw it.

Now if you wanted me to draw something naughty, you only have to ask... Twisted Evil
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Gui Cirrus
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PostPosted: Thu Dec 25, 2008 2:36 pm    Post subject: Reply with quote

Armadillon wrote:
This is where your case is based but your assumption is wrong sir. (I can not fully argue the case because I do not have a custom avatar of my own) BUT we (they) did not create them, she did.


...Nnnnnnnnnno it isn't. o_o A character concept is its own intellectual property, and, from the moment of its concrete inception (be it via description or visual representation) it belongs to whomever came up with it. The character concept belongs to the character's creator, which, in this instance, is NOT Vanessa, since a description must be supplied before she creates the avatar. Therefore the character belongs to someone ELSE. Ashton's example illustrates the difference perfectly.

And don't get me wrong; I'm not trying to argue whether the image is Vanessa's. It is. No question there. The thing is, the way the image I linked to is set up, in legal terms, it is (or at least, could be construed as) proclaiming the character as Vanessa's, when in truth, the character belongs to someone else. THAT, coupled with this being a for-profit site, could viably cause problems.

JohnnyPsycho wrote:
It would be slightly different if the character in question were already depicted in other works, such as another artists' webcomic or series of written fiction (I know other artists' characters, like Greycat and his characters, have appeared in cameos before, among others). The fact that they then would pre-exist as creations under copywrite of the original creator would probably change things more than slightly, but in the large part most of the forum avatars have been characters created in the forum, or augmented from pre-existing fursonas to fit within the setting created by Vanessa (for my part, there was no Johnny Six-Killer before PBB, so my character was tailor made to fit within the setting anyway).


The only thing that would really affect would be with what ease someone could prove such-and-such character is so-and-so's.


Let me backe up here and just specify something: I am talkeing strictly from a legal standpoint here. In regards to the moral, reasonable standpoints Johnny and Armadillon have been making....well, let me respond directly.

Quote:
I don't think anyone who has gone long enough and remained loyal enough to be gifted with an avatar would even consider doing something like this.


Oh absolutely. Anybody who tried to pull a stunt like this would be an absolute dicke in my booke, especially considering (for that particular image) credit already HAS been give to the original creator...just, not in a conventionally recognized way, coupled with a more conventional message which creates confusion in that specific instance.

The possibility is neither likely nor pleasant, but it exists, and if an action as simple as throwing up a "such-and-such belongs to so-and-so" phrase on a single image would reduce or prevent that possibility, then it would be in the site's personnel's best interest to do so. It is never a goode idea for a business (and that is what this is) to allow it to be possible to be accused of something unlawful, no matter how unlikely, inaccurate, or greed-based that accusation might be.

User content is a very trickey subject. @_@
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Tadelesh
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PostPosted: Thu Dec 25, 2008 6:05 pm    Post subject: Reply with quote

I don't want to really get into this, but there's just one thing I noticed that I feel the need to comment on:
Gui Cirrus wrote:
And with this being a paysite, one could make a case that the owners of this site are using another person's intellectual property for profit, without royalties, consent, or even crediting the source.
That's not strictly true. By the very act of allowing Vanessa to draw our characters, we are giving consent for her to use them as she wishes. I'm sure it says this somewhere, but I'm not going to try and find where. You say that one could make a case that it's being used without consent, but consent is given before the very creation of Vanessa's version of the character. Perhaps I am wrong, but that is how I see it.
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JohnnyPsycho
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PostPosted: Thu Dec 25, 2008 9:24 pm    Post subject: Reply with quote

Yes, Tadelesh is correct on that. Consent is part and parcel with having a fursona drawn and included in the story. The very fact that we give her so many details of our characters to aid her in designing and drawing the characters also can be construed as consent. We gave her all the pertinent information and ideas, but she used her own artistic sensibilities to fill in any blanks and create the finished product.
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LabrnMystic
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PostPosted: Thu Dec 25, 2008 10:34 pm    Post subject: Reply with quote

Actually, I recall Vanessa and Ronald talking of this issue far back in the beginning of the site. I know that our characters, Labrn and Mystic, are safely mine, since I had previous works of them to show they are mine.

As far as those who's characters were merely concepts that Vanessa drew and created on paper for the first time, I believe she has some rights to the characters. You'll have to double check with Ronald, being the law man of this place, but I believe that Vanessa has rights to characters she drew for the first time, because she often reuses characters in the comic, as fillers and cameos.
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Vanessa
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PostPosted: Fri Dec 26, 2008 8:36 am    Post subject: Reply with quote

hi Gui Cirrus!
Er..your reasoning is right and at the same time wrong, because you don't keep into account that in PBB there are two kinds of Avatar:
the commissioned ones and the lent ones, ( to take it easy).
With "commissioned" I mean characters like Jillian and at least 80% of the remaining avatars that I've created and invented graphically and that before that moment didn't exist.
When Jillian (I'm using her as an example) has described her avatar she's only mentioned the race, color and personality and suggested the clothes.
But she hasn't shown me any picture of her avatar already created by her hand.
Her Avatar didn't exist yet.
Therefore the graphical paternity of Jillian's Avatar is undoubtedly mine, while the idea is hers. Any artist willing to draw Jillian's character in the future will have to base it on the first, mine, without alterating it excessively (drawing with his style but keeping it recognizable by my picture).
In this case I can sign that the art and character are mine, but the idea is Jillian's, and we all know it because Jill's avatar is born on PBB exclusively for PBB.
Instead, characters like Labrn, Mystic and Tursi, or even UltimaWolf... have been conceived by them, but their first graphical representation has been done by them or by other artists on their commission, right Labrn? I know and he ( the owner in person) know as well, everyone here know.
So where is the problem?
And by their own choice they gave me as reference the art by those artists to be used as a model (same in opposite: drawing with my style but keeping it recognizable by original references that they give me).
They could even have shown me nothing, and I would have invented a brand new avatar.

But in the moment in which they give me permission to use their characters and draw them in my style, they know all too well that their character will be drawn by me and that I'll put PBB's logo on it.
Also, when Labrn commission Labrn and Mystic to BBMBBF ( another artist who have payment webcomics) sometimes he ask him to use my avatar references ( right labrn?).
Well,BBMBBF can put the logo of Palcomix on his artwork and I do not think to ask him some royaltiss or to put the logo of Bon Bon on his draw since he use PBB avatars created by me ( like strip poker artwork, with my fursona too, in the pinups gallery)!

I absolutely do NOT take other people's characters unless they're the ones that lend me and approve the rule in the first place; else, I repeat, they could give me a new subject to invent for them.

Moreover, let's consider Chessy's case.

Chessy is a Cheshire Cat, a character invented by Lewis Carroll.
Chessy in her gallery has commissioned various artists to draw her character by depicting the cheshire cat as a human. But only I have "anthropomorphized" her character by making her furry. Therefore, although the idea of the Cheshire Cat is lewis Carroll's, and Cheshire Cat/human is Chessy's, the graphical paternity of Chessy/furry for PBB is mine.
The rule that all the Royal Members know well and approve is that if I draw their avatars I can put the logo and credits of PBB on it ( only on my artwork made by me).

Otherwise one just has not to request to have an avatar.

does it make a sense for you Smile ?
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Gui Cirrus
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PostPosted: Fri Dec 26, 2008 11:24 am    Post subject: Reply with quote

It does indeed; thankes for clearing that up. ^^
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Vanessa
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PostPosted: Sat Dec 27, 2008 1:43 am    Post subject: Reply with quote

You are welcome Smile
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LabrnMystic
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PostPosted: Sat Dec 27, 2008 3:43 am    Post subject: Reply with quote

Ah, I thought my hunches were correct. Thank you for helping to clear that up Vanessa. You were right on the money with all of those examples.

I for one am very thrilled with the representation of my character that you created, as well as for Mystic. You civilized the look of Labrn, down from the cold and "super hero"-ish version that he once was. Indeed, I've used your avatar of my fursona for reference and I still get the random member on FA who admires and wonders "Who was the artist who did that? Its amazing" and I tell them with pride, "Why, the great Vanessa of Pleasure Bon Bon," and continue to guide them to this place.

Of coarse, I'm sure most of them just lurk and view the images in silence, a bit too shy to interact with others.

Vanessa wrote:
one just has not to request to have an avatar.


You know they won't. Its one of the great reasons most people on FA moved over to hear to join is what I hear from most of them. That they all can't wait to get an image done by the famous Ms. Santato.
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