Intellectual property and going legit

Viewing 10 posts - 1 through 10 (of 12 total)
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  • #88239
    eccentricman
    Participant

    I have a big problem and it is coming to a head very rapidly: shall I do muscle morphs ever again?

    Some of you may remember that I used to be a morpher on the extreme size side of life, and would post regularly. I had a hiatus for a long while, but while I wasn't stopping morphing I certainly was stopping posting.

    I need permission to use the images of our favourite FBBs for the purposes of morphing. Will anyone give me (and any other morpher) a license to use their images in this way?

    PLEASE if anyone has their own photos, or knows of someone who will allow their photos to be used for morphing, let's get together and create a resource all morphers can use.

    While I'll admit my initial interest in female muscle was borne out of attraction and lust, it has grown and matured into respect. I don't do head swaps or celeb morphs because I respect the effort FBBs put into their training and I don't want to rip-off anyone's photographic artworks any more, because there is often a relationship of trust and honetsy that has built up between the photographer and the model.

    I want to morph again, make people massively muscular, beautiful and powerful, but I want to do it right.

    Can anyone help?

    #88240
    10-4
    Participant

    Here is an idea. Grab the sample photos that are put out to lure people to the FBB sites, and morph those. Most of the time the copyright on those photos are not enforced because they need the advertising effect they create and the more they are spread around, the better. Mark your morphs as such, and attribute to the original photos when possible. Pretty much show a before and after, and link to the site where the originals came from. Odds are, with that taken care of, very few people will mind you making a morph with their photos.

    #88241
    areaorion
    Participant

    That's not true. Although some may not mind, it's still copyright infringement. Here is the FBI's stand on material protected under U.S. copyright law: Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000. http://www.fbi.gov/ipr/

    Scary, right? Stock photos are legal but suck. Either take the photos yourself or take the risk.

    #88242
    10-4
    Participant

    I'm sure the FBI will do all it can to enforce copyright, assuming the the owner complains. The odds are they wont complain, unless they feel it negatively effects their product or image in some way. Like all things on the internet, you take your chances. If you're really scarred about being taken to task on the issue, avoid like the plague, any morphs unless you control all the copyrights involved.

    #88243

    I never had such worries.

    #88244
    John
    Participant

    There are no stock photos of FBBs that I know of.  Stocks are usually made for common subjects, that can't easily be exploited for money.  FBBs are rare human beings, and photos of them are centered around profit-driven photographers who probably care less about a picture of the human physique and more about what gets people to buy their product.  I would consider morphing fair use.  It's not like you are reproducing the photo and counting it as your own.  What is your own is the modifications, and quite frankly, some advanced morphs take more skill than drawing a picture from scratch, so I would consider morphs to be work from the morpher, not the photographer's camera.  But alas, my opinion and that of the courts are two different things.  That's why I just try to fly under the radar of what I view to be an unjust aspect of legal code.  Good thing there are millions upon millions of acts of copyright infringement daily on the internet to make the law practically impossible to enforce. 

    #88245
    ac314159
    Participant

    It seems to me that a morph would meet the definition of a derivative work: http://en.wikipedia.org/wiki/Derivative_work  As such, it seems there would be reasonable grounds for a fair use defense, since a morph is substantially different than the original, and it is a form of artistic expression.  That said, from a practical standpoint I would have to agree with 10-4's advice: stick to freely and publicly available sample photos, and retain any identifying information that would help locate the original image.

    #88246
    Seldom
    Participant

    IANAL, so take this with a grain of salt:

    The FBI investigates large-scale, for-profit commercial copyright infringement.  These are run underground, involve lots of people, and usually need to be infiltrated by an agent(s).  Things like stamping out lots of copies of a piece of software/music/movie and selling them for cheap.

    What you could be in danger of is a civil lawsuit seeking punitive damages.  That said, these suits can only be brought by the copyright owner, and in the case of derivative works these types of lawsuits are rare (but they do happen, look up "The Wind Done Gone", a derivative work of "Gone With the Wind").  In the case of non-commercial, not-for-profit works like yours, I can't think of a single lawsuit (they may exist, but I don't know of any).  Think about it, what would the person suing (probably the photographer or the website they work for) have to gain by suing you?

    Keep in mind that anyone can sue you at any time for any reason, that doesn't mean that they will.  I would be shocked if you ever got in any more trouble than someone telling you to take down one of their images.

    #88247
    areaorion
    Participant

    What we need is a copyright lawyer… anyone, anyone?

    #88248
    fasola
    Participant

    What we need is a copyright lawyer… anyone, anyone?

    That would be quite dificult, concidering copyright laws vary from country to country.

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