You’re right, companies can ignore it for years and then step in all at once.
1 Like
You are correct. So for anyone who doesn’t think it’s a big deal because you’re not making money from it, or that it won’t affect you because you don’t do it yourself, we still have to be vigilant. Swatch Group sued the Galaxy Store won in 2023, and although Samsung can probably handle whatever monetary judgement was levied, I am sure it wreaked havoc on everyone selling faces in the Galaxy Store. Maybe someone who had experience with that first-hand might chime in it here? Anyway, I don’t want to see Facer or any other platform turned upside down because of the actions of a few.
4 Likes
I was selling faces at the Galaxy Store then, but mine were painted by hand, so I had no worries. I never knew why the store closed.
It is my opinion that Facer is protected by its TOS that clearly states its position, thus putting the onus on the designer. This includes paid as well as free images. It seems clear to me. I often wonder how many members plastering no-effort images onto watch faces actually read the TOS here and those on so-called image sites.
The bottom line is, if you did not create it, you don’t own it - as I tried to explain to a women in this community years ago who vehemently told me she had (cutesy cartoon-type) images on her phone so she owned them.
When AI came along that was a whole new concern. It is my interpretation from talking with others that AI generated images are ok here as long as we make changes to them.
Copyright and Trademark info for image designs can get complicated to me, but I think, like you say, if you didn’t create it, it is not yours, no matter how you use the image design. Depending on the company you get image designs from, there are strict rules for what is considered legal use. Most images available for use always belong to the creator and no one else. You are just granted a license to use it with very strict restrictions. And in most cases, you have to add something or change the image in some way. You can’t just use the image or design as is.
Now… I have read that if it is an AI generated image, no one owns the copyright to that AI generated image, it is public domain … even if you generated it, it is not yours to copyright. Anyone can use it.
And the whole AI issue seems complicated to me. I mean…where did that AI info come from, isn’t it based on other designs somewhere?
Depending on the licence, you may be able to use an image design for personal or commercial use. A lot of image design licenses are for personal use only. Then the definition for commercial use can get complicated as well.
My question is … what constitutes an added change to a licensed image design used on a watch face? Does adding watch complications to a watch face constitute enough of a change to the original Licensed image design? For example, by adding an analog dial or a weather icon, or animated snow to the watch face does that constitute an overall change to the original lic image? In my mind, I believe it does change the look of the original image design when used on a watch face. What is the difference between adding a sun icon to the original image or adding a sun icon complication to the watch face that makes the original image now have a sun icon on it? I hope I am asking this question ok.
I see no problem in your asking your question. The whole situation is confusing for sure.
Have you by any chance searched " Copyright Creative Fabrica"? It is one of those free image sites that is not-so-free. There are more, but that one is often used as an example.
AI is super-confusing. All I can share is what I mentioned above about how the other designers interpret the guidelines on that.
I do have an attorney in the family who deals with all this, but the bottom line once again is if you don’t own the name or the image, it’s not yours.
I often think of my Christmas angel with a halo that was taken down, I’ve been seeing angels with halos since I was a child! Unfortunately, Microsoft owns the “Halo” these days. My image was restored because the misuse was not intentional, but you just never know what’s going to happen. 
Editing to answer this:
The way artists would see it is, if the main image is not yours, a few numbers, or snowflakes does not make it yours. When I was doing art shows, the promotor specified that 80% had to be ours. The other 20% can be the mat and frame made by someone else.
Thank you. I have read thru that link before about copyrights. I have gone thru Canva’s info too.
I think there is a lot of deceit and also mistakes made in error out there. Years ago I went to a free graphics website. I downloaded a Native American design and used it on something I posted. Someone knew the owner of that design and the owner came after me. I guess a lot of their work was being right clicked and used. I was pretty much horrified. I took it down immediately and apologized. I never trusted that website again.
I have had my photography used on screen saver websites and on someone’s Instagram page claiming they took the photo. Funny thing was my name was on the photo. I’ve had my image html codes remote linked on other websites. Remember “My Space?” I am dating myself. Ha. It is crazy out there.
Facer did reinstate my watch face after the holidays. Which was really great. I had already recreated it and took the word halo out of the description and key words. I had no idea Microsoft owned the word Halo. Like I said before… who knew.
As far as using other designs from other creators and adding to the designs, I meant when using licensed designs from Canva. I would never claim someone else’s design as mine no matter what I add to the design. (I know you were not insinuating that I was.) That creation belongs to the artist always. Nor will I use someone else’s AI design and call it my own. I would use my on generate AI design.
I use a Pro license from Canva. The License allows me to use designs with added changes or designs for many projects. However, Even though my faces are free, I want to be sure that I am complying to Canva’s rules correctly. I will research this completely.