Copyrights Regarding Icons, Stock Images, Wallpapers, Etc

[FTWrath]

Seeing as how people are having trouble understanding copyright laws I have decided to create a topic regarding the matter. This thread isn't meant to single anyone out, instead it is to inform and enlighten.
ALL images have a copyright upon creation!

Copyright is secured automatically when the work is created, and a work is "created" when it exists in some physical form, or "fixed" in a copy or phonorecord for the first time.

Source: How to Secure a Copyright - Small Business

A Copyright is ALWAYS there, a CC let's you know what it means to you.
Creative Commons

If you are using a wallpaper off of Deviantart or another source you MUST make sure you are allowed.
I'll go over two circumstances, Free Themes and Premium Themes.

- All Icons found on the web are copyrighted. Let's look at a few icon sets on Deviantart.

http://th07.deviantart.net/fs46/300W...rForScreen.jpg
These icons are under a Creative Commons Attribution 3.0 License.
You can click on the license and it explains what it means. The author is allowing those icons to be used for ANYTHING. However, under license terms you must Attribute him/her. Meaning, with the release of your theme he/she must be credited.


iPhone PNGs by ~borncold on deviantART
This user doesn't use the Creative Commons feature, that doesn't mean it's not copyrighted. He does say

PSD included! Feel free to edit, re-release ... it's up to you.

So he's allowing for his work to be used, although because he doesn't indicate it's for commercial use (Premium Themes) you MUST contact him if you don't want to risk repercussions in the future.
Last But not least, Icons that CANT be used.

Oceano iPhone theme by ~elajes on deviantART
The license clearly states this. Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.
Dang, those look SEXY. However....
You are not allowed to

alter, transform, or build upon this work.

Respect the authors decisions.


It's all self explanatory. Not all website have a license link like deviant art and not all artists on deviant art use the Creative Commons feature. So if it doesn't say you can use the icons, DON'T.

Don't take chances, don't download icons off of Warez websites. They're on there for a reason, that being because they're not supposed to be redistributed (get what I mean here?).
If the artist doesn't specify the copyright simply email them. It's not hard! I've emailed well over 10 people and most of them told me NO, they don't want their icons used for anything other than what their intended purpose is.

After you finish a theme would you want someone to get your thm file, alter it, and sell it? I'm sure each and every one of you would reply with a NO as well.
Bottom line, don't use other peoples work unless you know you are allowed to. It's not even as much of a copyright thing as it is a moral thing.
I release all of my themes for free because all the icons I've used are not meant for commercial purposes.

Recently, I had someone contact me and I know it's the same kid that dogged my themes on here, saying they're crap, etc... even though they're free. He tried to tell me I used his icons illegally and that he would contact my host and get my site shut down.
Well folks, a week has passed and nothing has happened and nothing will happen because I KNOW I didn't use any icons illegally. I make sure I only download icons from Deviantart and follow the terms the licenses specified. He tried to scare me (Wasn't even the person that made any of the icons, just some *****).

I just don't want you guys to learn the hard way. If you have a website that a theme with copyright content is being hosted on you can have your host contacted and they WILL shut you down if you don't remove it. For those that use others for OTA hosting you are putting that person at risk, have some respect for them at least.

Added by request: SpiderHider also mentioned that there are icons out there, such as ones for iPhone, Android, Palm, which are already infringing on Trademark Copyrights. Just because the Author says "Use However You Want" doesn't mean it's legal, use your own wits here.
This also reminds me of another thing. Artists who re-release other peoples Icons in themes and then say they can be used however and for whatever. Really there's no way to know unless they provide a link to the original and then you can see what the true copyright is.

If anyone has any questions feel free to ask, I'll be more than happy to answer anything. If you're not sure if you can use an icon set, post the link here or p/m me and I will check it out for you.

[ajdill]

I just credited you on my blog because I admit I do use your files. Sometimes I recolor and sometimes I don't but I have thanked you on my post for 03/18/10 under post titled Tacky Pink. And all that before I even read this post I was just searching for the post where I got the files from so I could give you a shout! How about that! Here is the link AJay's Place: Tacky Pink. Thanks! Send me a message if there's a conflict!

Posted from my CrackBerry at wapforums.crackberry.com The link might not work here but I go to my blog Ajay's Place or go to the post in the 9700 forum if you need the link. Thanks again for ur help!

[jc8206]

Very informative post. This needs stickied for everyone to view. This has cleared up a lot of questions I have, thanks man!

Posted from my CrackBerry at wapforums.crackberry.com

[spiderhider]

Very well thought out and written piece.

I feel you missed something out though, there are icon sets out there that say "use however you want" or whatever the creator of the icon set has put, in reality the creator of these icons had no right to release the icons anyway as they are direct copies of already copywritten material. Best examples of this are iphone themes/icons.

Therefore as a theme developer you not only need to look at what the icon developer has put under their icon set but if the icon set itself is treading on any trademarked toes.

Posted from my CrackBerry at wapforums.crackberry.com

[FTWrath]

No Problem, thanks a lot guys and gals.
I edited the thread to cover what you pointed out.
You're free to use them Aj, a link back would be greatly appreciated though.

[ajdill]

Of course I linked you back! Read This: AJay's Place: Tacky Pink

[mechanizedmedic]

you might want to edit the OP to include modification to or inspiration by copyrighted works, as most countries allow this, as well as "fair use".

here's links to copyright laws for some of the countries more commonly represented here.

USA
U.S. Copyright Office - Law and Policy
Canada
Canadian Intellectual Property Office - Copyrights
UK
P-01: UK Copyright Law fact sheet

[StaticFX]

correct - if memory serves... if you take a wallpaper and edit it, its no longer the original and becomes yours. (and im not talking about editing out a watermark lol)

im not sure if that still applies since I learned this from my advertising design teacher waaaay back.

[Michael Hepples]

Great article. An excellent resource for both new and established theme devs. Consider it stickied.

[FTWrath]

I'm pretty sure you can't take someones "art" edit it and claim it as your own.
That makes no sense. If there is a copyright on it chances are you can't do anything unless you purchase a print. There is a CC stating you can't build upon this work, you can't make changes, edit, etc.

[DeliriousGA]

Excellent post! There are many artists who will give you permission to use their work if you just ask. I buy vector backgrounds from one artist and do some editing after I told him what I wanted to use them for and he sent me written permission. Saves me time and gets his artwork some exposure.

On the other hand, if you use someone's work without permission, the copyright penalties are steep. Btw, copyright laws do allow you to create similar graphics, but there must be a certain percentage of difference (don't remember what it is off hand) from another artist's work if they ever make a claim against you. You can't take someone's work and modify it though, this is just for people who create similar works that could possibly be a copied work.

Just keep it safe and don't use other people's work without their permission. When you go to work you be pretty ticked if they said "We're using your work, but not giving you a paycheck". Don't steal someone's work, it's the same thing.

[bigg22]

Thanks Wrath, great post to help clear up things for those that maybe are not sure what they can and can't do with icons found off the internet.

[knowledge_6]

thanks for the info...

can you sell themes with the original OS icons?

also, i couldn't find any info on it, but are country flags copyrighted? can you make themes with them and sell them?

[arexur]

great work warth, thanks for the info....

[fnord]

Originally Posted by mechanizedmedic

you might want to edit the OP to include modification to or inspiration by copyrighted works, as most countries allow this, as well as "fair use".

here's links to copyright laws for some of the countries more commonly represented here.

USA
U.S. Copyright Office - Law and Policy
Canada
Canadian Intellectual Property Office - Copyrights
UK
P-01: UK Copyright Law fact sheet

Originally Posted by StaticFX

correct - if memory serves... if you take a wallpaper and edit it, its no longer the original and becomes yours. (and im not talking about editing out a watermark lol)

im not sure if that still applies since I learned this from my advertising design teacher waaaay back.

So by that logic I can take a Michael Jackson album, slightly edit each track, repackage it and sell it?
It's a ridiculous argument!

I find it amazing time and time again when designers in this forum post premium themes using infringing images and try and defend their practice when called out.

This was a much needed post, thanks FTWrath!

And just to clarify, just because you found it on Google, does not mean it's "fair use".