My question-- does the finished product constitute copyright violation? I could like to use some to create textures like for the cyberdog but I have no desire to contravene the TOS.

Emily

Looks like Giger's work.

In all probability, it would be considered a copyright violation. I'm no solicitor, so could not give you an official answer.

Renderosity has a Copyright Laws forum, by the way.

The picture I took these tiles from didn't look a bit like this-- I was trying to make this look like Giger. But I agree, it is probably very dubious. I just wanted a second opinion. Emily

Since a lot of artists have webpages, why don't you see if you can find this artist's website and ask him/her if you can use it. Hey! I don't hurt to ask. If you tell them you'll give them proper credit, they may see it as an opportunity for free advertising.

The important question, I think, since it looks so much like a Giger texture is, WAS the original painting you took the snippet from a Giger piece? Mimicking Giger work is an entire category of fan art. If you aren't actually using his, but it looks like his style, that should be more than acceptable. If it wasn't, you're clear. If it was, I'd say there's a problem.

Thank you, CryptoPooka, that helps a great deal-- I actually have both, and that lets me know which to use. Emily

Much would depend on whether you were planning to sell the finished product or offer it as free stuff. Under the fair use doctrine, you can take part of someone else's work to create a derivative work, but the largest consideration in whether such a use is "fair" is whether the original work is being exploited for commercial prurposes.

AND whether or not the derivative is easily recognizable as belonging to the original creator. There was a case some years back about a composite piece, commercial, where an artist had taken single features from a dozen or more photos and built a composite. Someone "recognized" the lips in the shot as being part of their image and tried to sue. If I remember correctly, the composite artist won the case.

I think there's a slightly higher standard of copyright level here and I wouldn't want to breach it. It's easy enough to use the near-Gigeresque stuff. None of it is going to resemble the original in any way but best to be safe. Emily

Yes, there is the "de minimus" doctrine, and the practical matter of whether the original artist would ever know of the derivative work. I didn't get into that aspect because queri wrote that she used a number of elements (albeit small ones) from the original, which may increase the probability of recognition.

Ah, we're cross-posting now...if there's going to be no resembalnce, you should be in the clear.

Ah, I fully plan to have it look very Giger-- but not have any Giger in it. so that should-- I presume-- be ok. Emily

Emily

Ah, yes, the ol' plasma ejaculator weapon (if I see it, I can hit it). ;^) There are three recognizable pieces (similar to those lips) scattered about, where, if this was my work, I'd spot them immediately. Our brains are very good at pattern recognition... it is a survival trait. Covering a 3d surface they may be distorted beyond recognition. MAY. I'd suggest distorting the pieces a bit more, stretching, or joining the bits into new shapes, and possibly integrate the whole area better. Carolly

This was just a hatchet job as I've never used the pattern brush in PSP before last night. I particularly recognise the base of the "dental chair" which is not particularly Gigeresque but stands out in its blunt squareness. And the three tubes protruding back from the base are prominent, other than that, everything has been mirrored, interwoven and changed a lot. I learned a heck of a lot about Terrazzo doing this. Which was worth the effort in itself, considering I've been doing tiles for 5 or 6 years. I know I'm addicted to that pattern brush in PSP now, too bad I don't know the rest of the prog. Emily

I remember that guy. He was in the first Alien film. Giger had a fit because Ridley Scott had to start filming before he could finish painting the model.

ermm thats the Pilot from the Alien Derilect from Alien... and its most definatly Giger...... tis the concept painting he did for it... (source - the Book of Alien)

Attached Link: http://www.renderosity.com/viewed.ez?galleryid=127081&Start=49&Artist=queri&ByArtist=Yes

I can tell you one thing, I finally find textures FUN!

Emily