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Author Topic: Pictures are worth 1002 words  (Read 116147 times)

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Wiz

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Re: Pictures are worth 1002 words
« Reply #1170 on: March 27, 2012, 10:09:22 AM »



And here I though GT stood for Goos Times.

Nice.
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Feldynn

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Re: Pictures are worth 1002 words
« Reply #1171 on: March 27, 2012, 11:18:14 AM »

Feldynn may want to hold off on posting this at the deathstar because as soon as it is it becomes part of their property. Just a thought. But I will have to agree it is one of the coolest non staged pics I have seen yet. Oh and thanks for letting me in it Feldynn.

I don't know that's all about, Copyright law does apply to these images. Feldynn is the copyright holder.

I am relatively certain I recall in reading their terms and conditions that this applies to any content in our posts.  Cannot recall exact phrasing but if I am remebering correctly its in there hidden in a bunch a legelese bullshit.

Heck thankyou for making it such a great race Baked :), the whole race in fact was a blast that had so many cool photo ops with all the close racing and position changes so thanks should go to everyone :D.

I seem to remember Facepage having some similar legal fine print that worked the same way, granting them instant copyright to anything uploaded, for all I know Photobucket (where I uploaded the images) may also do the same.  To be honest I had assumed that PD would have held the copyright but who knows, chances are I won't be posting them on the PSN anyway though but I might try and upload them into that PD photo stream thing eventually if I can figure out how lol.
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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1172 on: March 27, 2012, 11:19:04 AM »

Feldynn may want to hold off on posting this at the deathstar because as soon as it is it becomes part of their property. Just a thought. But I will have to agree it is one of the coolest non staged pics I have seen yet. Oh and thanks for letting me in it Feldynn.

I don't know that's all about, Copyright law does apply to these images. Feldynn is the copyright holder.

Actually PD is the copyright holder, hence the GT water mark on all pics taken.  ;)

No, PD may have copyright over the subject matter, they may believe this entitled them to copyright over any image taken within the game but that is not the case. 

Quote from: Copyright law section 102-a
Copyright protection subsists, in accordance with this title, in original
works of authorship fixed in any tangible medium of expression, now known
or later developed, from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device. Works of
authorship include the following categories:
     (1) literary works;
     (2) musical works, including any accompanying words;
     (3) dramatic works, including any accompanying music;
     (4) pantomimes and choreographic works;
     (5) pictorial, graphic, and sculptural works;
     (6) motion pictures and other audiovisual works;
     (7) sound recordings; and
     (8) architectural works.
This we all know and is how many believe that PD may hold copyright, what many do not know is:

Quote from: Copyright law section 102-b
In no case does copyright protection for an original work of authorship
extend to any idea, procedure, process, system, method of operation, concept,
principle, or discovery, regardless of the form in which it is described, explained,
illustrated, or embodied in such work.


GT's photo mode constitutes a method of operation to create a derivative work within the game. Once the image is fixed to a tangible medium of expression (I.E. thumb drive) the copyright for the individual images belong to the one who took the images, in this case Feldynn. Copyright law section 103 comes in to play here as well.

Quote from: Copyright law section 103-a
The subject matter of copyright as specified by section 102 includes compilations
and derivative works, but protection for a work employing preexisting
material in which copyright subsists does not extend to any part of the work in
which such material has been used unlawfully.
In laymans terms: For original compilations and derivative works see section 102


Quote from: Copyright law section 103-b
The copyright in a compilation or derivative work extends only to the
material contributed by the author of such work, as distinguished from the preexisting
material employed in the work, and does not imply any exclusive right
in the preexisting material. The copyright in such work is independent of, and
does not affect or enlarge the scope, duration, ownership, or subsistence of, any
copyright protection in the preexisting material.

Basically what this says, in laymans terms is copyright of a the pre existing work does not extend to individual photos created from the copyright protected work. Nor would Feldynn's copyright of a single work derived from Gran Turismo extend to GranTurismo as a whole.

There is an artist named Richard Prince who has literally made millions doing this very thing. His photographs of Marlbro advertizements for the on going series he has titled "Cowboys" are little more than photographs of copyrighted material, and Marlbro and the photographers they hired for those photos can't touch him, they tried and lost. His image, Untitled (Cowboy) brought him over a million alone, it was the first of it's kind to bring in more than a million when it auctioned in New York in 2005, it too was taken from a copyrighted cigarette advertisement.


I haven't even gotten into sections 106 through 118 yet. Sections 106 through 118 delve into the fair use guidelines. Gran Turismo's photo mode and the fact Ployphony digital has provided us the means to fix that work to a tangible medium of expression is an unwritten authorization to produce and publish derivative works that should hold up in court, the only way it would not stand up is if you get a real dick for a judge. If yall don't believe me, take a picture on GT, print it out and send the print and a digital copy to the copyright office and try for a copyright, it'll only cost you a dollar plus shipping and handling last I checked.

Copyright law is something I had to know wile working for fanart central when I was made head of the abuse department. I had to know exactly what constituted a copyright violation as well as what was copyright applicable. The long and short of it is, saying Polyphony Digital has copyright over any and all imagery taken within Gran Turismo 5 is like trying to say Canon has copyright over 85% of my photographs and the other 15% being distributed to all other camera manufacturers including Sony.



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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1173 on: March 27, 2012, 11:23:04 AM »

Feldynn may want to hold off on posting this at the deathstar because as soon as it is it becomes part of their property. Just a thought. But I will have to agree it is one of the coolest non staged pics I have seen yet. Oh and thanks for letting me in it Feldynn.

I don't know that's all about, Copyright law does apply to these images. Feldynn is the copyright holder.

I am relatively certain I recall in reading their terms and conditions that this applies to any content in our posts.  Cannot recall exact phrasing but if I am remebering correctly its in there hidden in a bunch a legelese bullshit.

They can not do that. If you have a link I will look it over, I can translate a bunch of legelese and if it is in fact in there there is a problem.
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PKR_Cipriani99

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Re: Pictures are worth 1002 words
« Reply #1174 on: March 27, 2012, 12:20:49 PM »

4. OWNERSHIP OF CONTENT ON SITES

Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Sites enable you to download or save) without our express permission.

Here’s what permission we do give you to use the Content. First, we give you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. Second, we give you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Sites or any parts of it elsewhere. (We intend these only as examples and are not an exhaustive list of things you can’t do with our Content).

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.


http://us.playstation.com/support/termsofuse/index.htm
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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1175 on: March 27, 2012, 12:41:37 PM »

4. OWNERSHIP OF CONTENT ON SITES

Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Sites enable you to download or save) without our express permission.

Here’s what permission we do give you to use the Content. First, we give you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. Second, we give you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Sites or any parts of it elsewhere. (We intend these only as examples and are not an exhaustive list of things you can’t do with our Content).

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.


http://us.playstation.com/support/termsofuse/index.htm

Key words, "with the exception of User Generated Content". Gran Turismo photos posted by users are indisputably "User Generated Content. My work shift is over and I am being rushed out the door so I have tho chase that link when I get home. I will go into detailed translation of this as soon as I get home.
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Feldynn

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Re: Pictures are worth 1002 words
« Reply #1176 on: March 27, 2012, 12:53:25 PM »

And while Ronin is on the road, here's another angle of that finish for everyone to enjoy ;D

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LooneyTuna

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Re: Pictures are worth 1002 words
« Reply #1177 on: March 27, 2012, 12:56:43 PM »

And while Ronin is on the road, here's another angle of that finish for everyone to enjoy ;D



We can now return to our normally scheduled program.



Forgive my French, but, that picture is FUCKING sweet Feldynn!

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ChromeTuna

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Re: Pictures are worth 1002 words
« Reply #1178 on: March 27, 2012, 01:12:46 PM »

4. OWNERSHIP OF CONTENT ON SITES

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.

That says it all right there.
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ChromeTuna

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Re: Pictures are worth 1002 words
« Reply #1179 on: March 27, 2012, 01:14:04 PM »

And while Ronin is on the road, here's another angle of that finish for everyone to enjoy ;D



We can now return to our normally scheduled program.



Forgive my French, but, that picture is FUCKING sweet Feldynn!



 :stoopid:
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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1180 on: March 27, 2012, 02:00:17 PM »

4. OWNERSHIP OF CONTENT ON SITES

Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us or our affiliates, subsidiaries, licensors or suppliers. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the Content (including Content that the Sites enable you to download or save) without our express permission.

Here’s what permission we do give you to use the Content. First, we give you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. Second, we give you permission to use the Content for your personal, non-commercial uses. This means, however, that you do not have our permission to distribute the Content, to publicly display the content, charge any fee for it, use the Content to create your own website, construct a database with the Content or replicate our Sites or any parts of it elsewhere. (We intend these only as examples and are not an exhaustive list of things you can’t do with our Content).

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.


http://us.playstation.com/support/termsofuse/index.htm

Key words, "with the exception of User Generated Content". Gran Turismo photos posted by users are indisputably "User Generated Content. My work shift is over and I am being rushed out the door so I have tho chase that link when I get home. I will go into detailed translation of this as soon as I get home.

Continued.....


Quote from: SCEA Terms of Service & Policies section 5-b
LICENSE FOR USER GENERATED CONTENT

If you post, upload or make available any User Generated Content on our Sites, you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. If you create, transfer, share, send, submit, post or upload any User Generated Content to our Sites, you grant us certain rights to use it (described below) without getting your further permission or having to pay you for it.

In legal terms, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you grant SCEA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed, both on these Sites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any User Generated Content you provide to us.

In addition, by transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you acknowledge that other users of the Sites may use your User Generated Content. SCEA is not responsible for enforcing any rights you may have with respect to your User Generated Content against other users. If you have a dispute with another user of the Sites, you are responsible for contacting the other user directly; do not contact SCEA.

What this is saying is, By agreeing to this TOS document you are authorizing SCEA the permission to use and employ your copyrighted material in any way they see fit. For example if you post a GT5 photograph on the SCEA site and it ends up on the cover of a Gran Turismo expansion or what the hell ever directly related to Gran Turismo, you gave them that permission and they are not required to offer you any compensation. Wile you retain the right to distribute the material any way you see fit.

What I am not liking is that second paragraph. That second paragraph is basically saying that you are giving them permission to sell, modify, publish and all that happy horse shit, you are basically giving them all of the same rights to the material you have including the right to license it out for financial gain. The only thing they can not do is prohibit you the original copyright holder from using the material however you see fit.

You guys are right, that is a nasty TOS. Only thing that you guys missed is that you do retain your right to distribute the imagery. If I could afford a lawyer I'd be all over that getting reviewed and possibly lobbying for a re wright. They are seriously exploiting the general lack of knowledge of copyright laws and it's worded in such a way that it would take some one with extensive copyright knowledge beyond even my own to challenge it with any success. Even with the knowledge on copyright law I have I could challenge it but I could not build enough of a case on my own to succeed in countering it.


4. OWNERSHIP OF CONTENT ON SITES

Regardless of the permissions we give you to use the Content, we remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.

That says it all right there.

This is applicable only to their own content, no matter how they word that. This applies to any graphics they used by them in the creation of the site. Things like banner images, smilies, unique fonts and the like. Graphics like the banner image we have at the top of STGT, that is the sole property of STGT. I can not legally just take that and make a sig out of it and use it on say the TPRA site or the SCEA site, I don't have that right, not without expressed written permission.
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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1181 on: March 27, 2012, 02:01:54 PM »

And while Ronin is on the road, here's another angle of that finish for everyone to enjoy ;D




That's awesome, can I get a copy of that at full rez? I would like to make a desktop for my computer with it.
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LooneyTuna

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Re: Pictures are worth 1002 words
« Reply #1182 on: March 27, 2012, 02:06:40 PM »




That's awesome, can I get a copy of that at full rez? I would like to make a desktop for my computer with it.

I think you're gonna have to talk to his lawyers. :lolz
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RoninTuna

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Re: Pictures are worth 1002 words
« Reply #1183 on: March 27, 2012, 02:08:24 PM »




That's awesome, can I get a copy of that at full rez? I would like to make a desktop for my computer with it.

I think you're gonna have to talk to his lawyers.

 

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Feldynn

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Re: Pictures are worth 1002 words
« Reply #1184 on: March 27, 2012, 02:11:13 PM »

That's awesome, can I get a copy of that at full rez? I would like to make a desktop for my computer with it.

I think you're gonna have to talk to his lawyers.

 

Also, see attached file :).


[attachment deleted during "purge" by admin]
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