Copyrights Regarding Icons, Stock Images, Wallpapers, Etc

[ITR Themes]

I think I knew that answer as I was typing my post lol ... thanks for the reply fnord

[fnord]

Originally Posted by legendrock

I think I knew that answer as I was typing my post lol ... thanks for the reply fnord

No problem. If you look back through some of the posts in this thread you'll find people who seem to think they are entitled to use whatever they would like...

Nothing wrong with reaching out just to be sure

[Redz20]

I have 2 questions:

1. Does copyright apply on the default BlackBerry OS icons each device ships with? I mean, is it legal to customize those default icons by applying visual effects to them, animations, etc and then sell them as a theme?

2. They say that copyright applies to an object the moment it's been created. So, if I release a non-free theme, and someone else manages to hack it, what proof do I have that the ideas and the customized icons were mine to begin with? Don't I need some written document released by an official institution or something?

[fnord]

Originally Posted by Redz20

I have 2 questions:

1. Does copyright apply on the default BlackBerry OS icons each device ships with? I mean, is it legal to customize those default icons by applying visual effects to them, animations, etc and then sell them as a theme?

2. They say that copyright applies to an object the moment it's been created. So, if I release a non-free theme, and someone else manages to hack it, what proof do I have that the ideas and the customized icons were mine to begin with? Don't I need some written document released by an official institution or something?

I can't speak to the legality of re-using RIM icons, but the fact the they make them available by default in their theme building tool leads one to assume that they are free to use and modify as you see fit. Additionally, many paid themes (including those from larger development companies) have used the stock icons and I have not heard of RIM requesting any takedowns.

Might want to take a look through their Themes Help Center to see if you can find any specific info relating to this: Themes - UI Guidelines - BlackBerry Smartphones - 6.0

As for your second question, I would think the time/date stamp of the files you had created or upload date to sites like Mobihand or App World would be enough.
A foolproof method back in the day was to take a hard copy and mail it to yourself using any form of registered mail. The key here is not to open the package once you receive it. Put it somewhere safe, and then later, if there was ever any question as to ownership or origin date, you could present the package as proof that you had the item at the time it was mailed (which would predate any infringement).

That might be a little extreme for a theme. That said, organizations like App World and Mobihand take infringement very seriously and will generally act quickly if you reach out with details.

Hope that helps.

[Redz20]

I know that there are popular paid themes out there which used the bb default icons, but I thought they had some sort of consent from RIM or something.

Yes, very very helpful. Thank you very much for the prompt reply, fnord, and long live CrackBerry.

[fnord]

Originally Posted by Redz20

I know that there are popular paid themes out there which used the bb default icons, but I thought they had some sort of consent from RIM or something.

I highly doubt they obtained RIM consent. I have a lot of 1st hand knowledge on this topic and that is never something that has come up.

I really wouldn't worry about using or modifying stock themes that come with the Theme Builder.

[Raestloz]

I want to ask about something.

Currently, I'm developing a free theme (inspired by a game), using official artworks released by the game publisher (to public) as wallpapers and backgrounds and such (they are all copyrighted right there in the images themselves)

Since I'm not going to sell it, do I need explicit license from the copyright holder to use them?

And can I submit my theme to App World without their knowledge?

[fnord]

Originally Posted by Raestloz

I want to ask about something.

Currently, I'm developing a free theme (inspired by a game), using official artworks released by the game publisher (to public) as wallpapers and backgrounds and such (they are all copyrighted right there in the images themselves)

Since I'm not going to sell it, do I need explicit license from the copyright holder to use them?

And can I submit my theme to App World without their knowledge?

Regardless of whether you are selling a theme or offering it for free, you need to license holder's permission to use their copyrighted material.

While the games publisher gave the images away, that does not necessarily mean they are providing permission to use them in any way you would want to - especially for commercial purposes (or re-distribution). The only way to be 100% sure is to reach out to them and see what they say.

As for App World, remember that when signing up you agreed that you own all rights to content you upload. Any rights issues will fall back on you.

Of course, take all this with a grain of salt. There is little chance anything serious, outside of a takedown notice, would actually happen. Large companies generally won't waste resources for something like this.

Good luck.

[baruh]

Few weeks ago I started making themes and selling them on Mobihand. My themes have standard icon set provided from RIM and wallpapers made by me. But on my page I have gallery section that has screen shots of my themes with different wallpapers,just people to see my themes how they look with different wallpapers.Most of the wallpapers are downloaded from internet.Is that illegal? Should I remove them or I don't have problem?

[soren203]

I read above that RIMs icons are ok to use, but how about the leaked os 6.1 / 7 icons? Are they alright? Im thinking about making a paid theme using an icon set from os 7

[middbrew]

Originally Posted by baruh

Few weeks ago I started making themes and selling them on Mobihand. My themes have standard icon set provided from RIM and wallpapers made by me. But on my page I have gallery section that has screen shots of my themes with different wallpapers,just people to see my themes how they look with different wallpapers.Most of the wallpapers are downloaded from internet.Is that illegal? Should I remove them or I don't have problem?

I would think because you are not including them in your themes you are fine. If there was an issue, all the screenshots posted here at CB and all the other BB sites would need to be taken down.

[middbrew]

Originally Posted by soren203

I read above that RIMs icons are ok to use, but how about the leaked os 6.1 / 7 icons? Are they alright? Im thinking about making a paid theme using an icon set from os 7

There was some issues when they first appeared on the scene, but RIM has since not asked anyone to stop using them. So, you are fine in using them.

Here's a thread you can check out. http://forums.crackberry.com/f115/os...ed-use-614871/

[baruh]

Originally Posted by middbrew

I would think because you are not including them in your themes you are fine. If there was an issue, all the screenshots posted here at CB and all the other BB sites would need to be taken down.

Thanks for the info. I' am calm now.

[soren203]

Originally Posted by middbrew

There was some issues when they first appeared on the scene, but RIM has since not asked anyone to stop using them. So, you are fine in using them.

Here's a thread you can check out. http://forums.crackberry.com/f115/os...ed-use-614871/

Ok thanks for the info, if I wasn't on my phone right now I'd give you thanks :P

Posted from my CrackBerry at wapforums.crackberry.com

[papaghanda]

if you're not using someone else's IP then you're okay!