what does the forum need?

[Lord Libidan]

I use IrfanView exclusively for image resizing but I'm sure there's a lot of people who won't want to download something just to tweak their images. Is there a how-to-resize thread somewhere to direct people to, one that maybe covers a plethora of resizing instructions on whatever people use? Maybe that's being too fiddly though. ^^;

There isn't but we do want one. The original plan was paint, paintshop, pixlr (an online one) and possibly some others. We need to get someone to do that actually...

[IzzyXIII]

I had another read through of the handbook, and I was thinking (in regards to pattern requesting) - say If someone requests a pattern of someone else's artwork (eg. from Deviantart), should there be a rule stating that they must have the original artist's permission before placing a request?

[Lord Libidan]

I had another read through of the handbook, and I was thinking (in regards to pattern requesting) - say If someone requests a pattern of someone else's artwork (eg. from Deviantart), should there be a rule stating that they must have the original artist's permission before placing a request?

I think technically that's fine. Unless the person intends to make a cross stitch pattern out of it, I don't see why there should be a problem.
Is that just the way I think though?

[IzzyXIII]

I think technically that's fine. Unless the person intends to make a cross stitch pattern out of it, I don't see why there should be a problem.
Is that just the way I think though?

YES IT IS! Just kidding It's not the way you think. My main concern was that someone wasn't receiving credit when they should be (but I chose an odd way of expressing it). I suppose leave it at "give credit if you want to/whereas possible"?

[Lord Libidan]

YES IT IS! Just kidding It's not the way you think. My main concern was that someone wasn't receiving credit when they should be (but I chose an odd way of expressing it). I suppose leave it at "give credit if you want to/whereas possible"?

Ah, I see what you mean. I always give credit on my website. I'll add it.

[Lord Libidan]

It's definitely worth talking to an editor about as they're going to know more about it than I do. As far as I know, though we are pretty much out of luck on being able to use anything with a video game character in it:

The legal status of fan made art in America may be tricky due to the vagaries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C. § 106. However, fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful.

However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption, 17 U.S.C. § 107. A court would look at all relevant facts and circumstances to determine whether a particular use qualifies as fair use; a multi-pronged rubric for this decision involves evaluating the amount and substantiality of the original appropriated, the transformative nature of the derivative work, whether the derivative work was done for educational or noncommercial use, and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. None of these factors is alone dispositive.

American courts also typically grant broad protection to parody, and some fan art may fall into this category. This has not explicitly been adjudicated with respect to fan art, however. Moreover, while parody is typically afforded protection under § 107, a court must engage in a fact-intensive, case-specific inquiry for each work.

Does this mean that if we made a "art book" of stitchings by Sprite Stitchers, that would be ok, as long as we didn't make patterns out of them?
Cos the work we are showing off is "fan art" or "decorative work" it would be ok? Or have I read that wrong?]

EDIT: Hold on. I managed to totally miss that "Display and distribution of fan art that would be considered a derivative work would be unlawful." bit...
Would it be an idea to send something to a few companies to see if they would let us use them?

On a seperate note, what about something like: http://spritestitch.com/forum/viewtopic.php?f=3&t=4297
Assuming I could get the ok from the person who designed it originaly, could we use that? (Worth noting that the original image was on sale on a tshirt...)

[johloh]

"and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. "

i think this part is important too. if you make a video game with a plumber in it that looks like mario you are directly affecting nintendos ability to "make and exploit their own derivative works. " nintendo really isnt in the business of selling cross stitch patterns (though they did in the 80s).

but regardless, we wouldnt want to go to court over anything, as I certainly couldnt afford it whether I was right or wrong, so I think permission would be the only way to go.

I know nintendo in general approves of the site, which is in our corner. We've been featured in their magazine nintendo power, and I've been invited to nintendo parties, so they probably realize our site is really just a good advertisement for them, and as long as we dont encroach on any way they are making money, they wont care.

[Lord Libidan]

"and the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works. "

i think this part is important too. if you make a video game with a plumber in it that looks like mario you are directly affecting nintendos ability to "make and exploit their own derivative works. " nintendo really isnt in the business of selling cross stitch patterns (though they did in the 80s).

but regardless, we wouldnt want to go to court over anything, as I certainly couldnt afford it whether I was right or wrong, so I think permission would be the only way to go.

I know nintendo in general approves of the site, which is in our corner. We've been featured in their magazine nintendo power, and I've been invited to nintendo parties, so they probably realize our site is really just a good advertisement for them, and as long as we dont encroach on any way they are making money, they wont care.

They do? Wicked!
Question is then; craft book or art book?

[Eliste]

FYI- copyright is dealt with differently in different areas of the world. For example, the US and common law areas (UK, Ireland, Canada, Etc) deal with copyright in very different ways. The EU also has different takes on it, so you're stepping on pretty muddy ground here with our international field of members.

You wanna be real careful with anything that anyone would make a profit off of. I'd be inclined to think any such effort would be best served selling for a registered charity, but even then, you're not guaranteed that the folks who own the original art wouldn't get in a legal huff.

Edited to add- doing a Masters in Intellectual Property Law ATM and still not 100% sure how best to do such a thing legally without getting permission

[Pyper]

I think if we can get permission in writing from the rightsholders to use some art (eg nintendo sprites) then it should not be a problem internationally. After all the book will be published in one area no matter where it ends up, so it would make sense that as long as it is ok where it is published that it should be ok everywhere. Otherwise there would be crazy regulations for selling any books in case they go overseas. Much harder to region lock than other content. (Disclaimer: I have no knoweldge of the copyright laws, this opinion is based on common sense deduction and may not reflect legal reality)