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What would you do?


jholly

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Okay... I never bothered to check into like that :unsure: so strike that possibility but I still stand by the other points I stated.

 

even with that knowledge there's nothing that anyone can do about it, and is in line with my opinion in post#12

 

nothing you can do really, its the internets

 

its just an unwritten rule of the forums that one shall not "steal" other user's avatar

 

and seriously there is no reason to drag copyright laws in reference to an avatar

everyone familiar with copyright laws should also be familiar with the term "Fair Use"

Edited by t4e
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and seriously there is no reason to drag copyright laws in reference to an avatar

everyone familiar with copyright laws should also be familiar with the term "Fair Use"

 

Would a message board avatar be criticism, comment, news reporting, teaching, scholarship, or research? I don't think "fair use" applies here. It's more a case of "not worth the bother of prosecuting."

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I don't see any where in the fair use provisions of U.S. copyright law that covers the use of an image as an avatar on the internet. It does not seem to come under any of these provisions.

Here is the text of the law:

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

 

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

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2. improve on your icon, you made this one, now make a newer, better one.

 

Humm, I dont' know that I agree with that.

Jholly has a great icon, I love it and rather want it as either a 'noodle', a patch, a GC or a sticker but I've never asked about that.

 

I doubt anyone would want to steal my icon (seriously, trees with antlers aren't that cool), but I also don't think that it is right.

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I guess I missed all the fun. WStemple's avatar is now an ammocan, although their signature reads, "Do you like the smell of a cache in the morning", a paraphrase of JHolly's.

 

What puzzles me most, though, is why someone from Wisconsin (with about 2 years and over 1000 finds) would want to use an avatar of someone holding up the state of Washington! :ph34r:

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What puzzles me most, though, is why someone from Wisconsin (with about 2 years and over 1000 finds) would want to use an avatar of someone holding up the state of Washington! :ph34r:

 

ROFL... i never noticed that's what that was. i just catch the very basics of the avatars, no subtle bits allowed... i.e. dog with glasses, i've never noticed it was a dog doing an ice carving of signal the frog.

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I guess I missed all the fun. WStemple's avatar is now an ammocan, although their signature reads, "Do you like the smell of a cache in the morning", a paraphrase of JHolly's.

 

What puzzles me most, though, is why someone from Wisconsin (with about 2 years and over 1000 finds) would want to use an avatar of someone holding up the state of Washington! :D

 

Me too. That's why I'm still going with database error. :ph34r:

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I guess I missed all the fun. WStemple's avatar is now an ammocan, although their signature reads, "Do you like the smell of a cache in the morning", a paraphrase of JHolly's.

 

What puzzles me most, though, is why someone from Wisconsin (with about 2 years and over 1000 finds) would want to use an avatar of someone holding up the state of Washington! :ph34r:

 

I emailed my, ah, er, hmmm, friend from Wisconsin last night. Since I was traveling all day (and getting a few) I was not able to check until now. Yes, it is changed. I've updated my sig, so the case is closed. But I also wondered why someone from Wisconsin would want an avatar with the outline of Washington state.

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Okay... I never bothered to check into like that :ph34r: so strike that possibility but I still stand by the other points I stated.

 

even with that knowledge there's nothing that anyone can do about it, and is in line with my opinion in post#12

 

nothing you can do really, its the internets

 

its just an unwritten rule of the forums that one shall not "steal" other user's avatar

 

and seriously there is no reason to drag copyright laws in reference to an avatar

everyone familiar with copyright laws should also be familiar with the term "Fair Use"

 

Never heard of that unwritten rule in over 20 years of being online. Fair use does not mean what you are suggesting it does.

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Okay... I never bothered to check into like that :ph34r: so strike that possibility but I still stand by the other points I stated.

 

even with that knowledge there's nothing that anyone can do about it, and is in line with my opinion in post#12

 

nothing you can do really, its the internets

 

its just an unwritten rule of the forums that one shall not "steal" other user's avatar

 

and seriously there is no reason to drag copyright laws in reference to an avatar

everyone familiar with copyright laws should also be familiar with the term "Fair Use"

 

Never heard of that unwritten rule in over 20 years of being online. Fair use does not mean what you are suggesting it does.

 

How about the one that says "if you steal another users avatar the rest of us will laugh at you behind your back"?

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I guess I missed all the fun. WStemple's avatar is now an ammocan, although their signature reads, "Do you like the smell of a cache in the morning", a paraphrase of JHolly's.

 

What puzzles me most, though, is why someone from Wisconsin (with about 2 years and over 1000 finds) would want to use an avatar of someone holding up the state of Washington! :ph34r:

 

I emailed my, ah, er, hmmm, friend from Wisconsin last night. Since I was traveling all day (and getting a few) I was not able to check until now. Yes, it is changed. I've updated my sig, so the case is closed. But I also wondered why someone from Wisconsin would want an avatar with the outline of Washington state.

 

I'm guessing this guy has all the imagination of a speed bump. It looked cool, he nabbed it, and got caught. So now, he uses a picture of an ammo can...

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Okay... I never bothered to check into like that :ph34r: so strike that possibility but I still stand by the other points I stated.

 

even with that knowledge there's nothing that anyone can do about it, and is in line with my opinion in post#12

 

nothing you can do really, its the internets

 

its just an unwritten rule of the forums that one shall not "steal" other user's avatar

 

and seriously there is no reason to drag copyright laws in reference to an avatar

everyone familiar with copyright laws should also be familiar with the term "Fair Use"

 

Never heard of that unwritten rule in over 20 years of being online. Fair use does not mean what you are suggesting it does.

 

Not that it matters, I've been online since 1982 (300 baud modem) which is long before avatars and have run boards/forums since the 80's. It's never been considered acceptable to take another person's custom avatar.

 

You are correct about fair use, this doesn't fall under that exception.

Edited by Ecylram
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