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Offline Higurashi

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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg464207#msg464207
« Reply #12 on: February 25, 2012, 03:06:33 am »
It can actually be discussed if this falls under fair use. Normally the non-profit first factor you're bringing to light is applied to methods of education or when encouraging creativity. You've taken exact logos and the exact name of the game, which turns it more into non-profit advertisement.

The second factor in the fair use doctrine is that you're using particular expressions/fixations of the developer's ideas/facts, not simply the facts and ideas that would be separate from copyright.

The fourth factor deals with the effect upon the developer's work. As SG has previously mentioned, this affects Zanz' ability to exploit his own original work through the fact that it may very well be preferred to donations. The reason it has an effect is one that SG also mentioned: the company making the tees get most the profit, so people who buy them give 95% less to EtG than they would if they donated.

You'll likely need to get Zanz' permission for this. If you do, and I like the manufacturer/model, I'll buy one or two.
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Offline sirorange

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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg464308#msg464308
« Reply #13 on: February 25, 2012, 09:43:19 am »
I hate to be the bad guy here, but you did mention "fair use" and what you are doing is not "fair use" as defined by the U.S. Copyright Office. Fair use is basically being able to use copyrighted materials for education and research purposes. It is never ok to sell anything that is copyrighted by someone else, even if there is no profit involved. I would encourage you to first get permission from the owner of these images before you even consider selling them.

Link to the U.S. Copyright Office on fair use: http://www.copyright.gov/fls/fl102.html


Offline agentflareTopic starter

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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg464413#msg464413
« Reply #14 on: February 25, 2012, 07:44:06 pm »
I hate to be the bad guy here, but you did mention "fair use" and what you are doing is not "fair use" as defined by the U.S. Copyright Office. Fair use is basically being able to use copyrighted materials for education and research purposes. It is never ok to sell anything that is copyrighted by someone else, even if there is no profit involved. I would encourage you to first get permission from the owner of these images before you even consider selling them.

Link to the U.S. Copyright Office on fair use: http://www.copyright.gov/fls/fl102.html


Personally, I would love for Zanz to approve this. However, I don't know how to contact him about it

Offline sirorange

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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg464432#msg464432
« Reply #15 on: February 25, 2012, 08:15:38 pm »


Personally, I would love for Zanz to approve this. However, I don't know how to contact him about it

[/quote]

And it's possible he wouldn't care if you did it at all. But to be safe, I would get permission first.

I do like the t-shirt though. That would be a neat present for my daughter for her birthday. I think she would like that.

Offline BluePriest

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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg464485#msg464485
« Reply #16 on: February 26, 2012, 12:09:20 am »
The one thing is... theres people like me, who wont donate to elements. Yeah, I know, flame me. However, I WOULD be willing to buy a shirt. 
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Re: Elements T-Shirt https://elementscommunity.org/forum/index.php?topic=36957.msg477611#msg477611
« Reply #17 on: April 05, 2012, 06:51:09 am »
I would buy a shirt probably pay 20 - 25 bucks for it.

 

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