Copyright Question

Support
1

hello everyone.

I am new here and i wanted to ask a question about copyright.

I wanted to upload a watch face of mario. Now, i found the image that interested me on the net and i did not made at all. On the description i acknowledge the fact that i am not the owner of the image and i am using only for entertainment purposes. Is that allowed or i must act differently?

if someone knows more on this subject please help me

thanks for your time reading this
cheers

2

Even though you acknowledge that you’re not the original creator of the Mario image, you may still be in violation of copyright law. To me, the copyright laws in regards to pictures, especially those found online, can be a tricky thing, so I prefer to err on the side of caution and create my own.

If you want to use the image you found without fear of retaliation from the original designer, then your best bet is to try to contact him/her about using it. Otherwise, you use it at your own risk.

3

Wow thanks for the fast response.

I understand better now the situation. I have one last question…if i use the image that i found, or whatever image and i do not publish it via the publish option BUT i only sync it to my phone for personal use? Will other people still be able to download it? Or i would be the only one to see it? Is that considered copyright infringement?

Thanks again for your fast response
cheers

4

In a manner of speaking, yes, others would be able to sync it to their watches, BUT ONLY if you share it with them. If you do not publish it, it will remain private unless shared. So as long as you keep it unpublished and don’t share it (even in here), then you should be safe from copyright infringement since you’re only using it for yourself.

5

Ok! Thanks for ur reply. I think i understand better the whole copyright thing now regarding this field. I really appreciated your help.

Cheers!

6

My question is on this same vein, publishing\sharing a watch face with copyrighted artwork but releasing it as a free download. I believe that gets into a gray area because it is a fan release, not-for-profit.

I’m really wondering because my son and I decided to toy with some ideas and we “created” a tribute face using the artwork from Rockstar’s “Red Dead Redemption 2.” I took a photo and showed it off on the Reddit forum and a couple folks seemed interested in downloading it. If I published it, it would be free because I’m just wanting to share something I enjoy, not earn money. So, I wonder if Facer would pull it if I published it.

7

Hi jgnerberry,
Welcome to Facer Community. It appears that you have a duplicate post in “Watchface Design”. I’ll do my best to give an answer.

As I understand the guidelines, you would either have to own the image/copyright/trademark, or you would need to have permission from the artist or brand to use their work here. That can also apply to images from so-called “free clipart” sites. Even some of those sites have received DMCA notices.
However, many artists will allow you to use their work if you ask and give credit to them in your description.

1 Like
8

You could check to see if the site where you found the image provides a copyright statement allowing images to be used for non-commercial purposes. If it does not then you could try to contact the owner and ask for permission. I suppose, if the site where you got the images is an official site of, or related to, the owner, then you may also be able to infer a right to use based on how the images are used/modified/shared on the site where you got them from.

I don’t know what Facer’s administration policy is, but in general, sites will, following a complaint by the owner, pull any material that is claimed to breach copyright, trademarks, etc. They will also include in their site conditions that it is up to the users of the site to ensure that they do not breach intellectual property rights. I understand that the Facer guys use an automated system that aims to detect trademarks and possibly other registered designs. I doubt it is looking for general artwork. I also doubt any site will say to you that it is ok to publish any particular 3rd party image as they have no authority to do so. They will likely point out the site conditions and leave it to you.

9

I appreciate your responses. For my particular case, I created a Red Dead Redemption 2 theme using the game poster as the background image. It’s the one I question.

I did go ahead and publish another (actually 2 of the same except a male & female version.) They are also Red Dead themed. However, the background image is a photo taken in-game and my understanding is that’s fair game (no pun intended.)

But after looking around and seeing several listings using logos and characters from a variety of popular games, cartoons and movies then I’m thinking I may be just as safe.

10

I don’t think they are “safe”. There are also just as many that have been taken down. If I were you I wouldn’t speculate. I’d contact the company to ask. That is the only way you can be sure.

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