Banner Graphics...?

Could there be art type graphics in your banner? Like from a video game? Thanks!

If this is copyrighted artwork, then you should ask permission from the copyright holder first. If permission is granted, then of course go for it. If you have written to the copyright holder (stating your intended use of the artwork as a banner display) and there is no reply within a "reasonable amount of time" (after 3 letters), then adding to your banner should be okay. Just remember to keep a copies of the e-mails or letters for future reference and make a small note someplace about the ownership of the banner(s) copywriter someplace on your page. This shows that your intent is not to steal,use for profit, or hold claim to the artwork. And if contacted by the copywrite holder, you can show proof of at least having asked about the use of the image (if they complain or ask you to take it down). This protects RS and you.

Howdy. If you're American, hope you had a great Turkey Day. If not, then happy Thursday to you.

In any case...

Here's how it works: technically, you're not allowed to have copyrighted art on your site. However, will anyone come after you for doing so? No, not unless they're incredibly anal. They're not losing money and there's very few stable individuals who would be able to justify the legal fees and bad press it would bring to go after an innocent fan.

So, I wouldn't say that it isn't illegal to do it, because it is. On the other hand, the chances are slim to none that anyone will care. I think I used a sketch of Shinobu from Love Hina somewhere on my own gallery. I certainly don't lose any sleep over it.

THE CATCH: Posting the contents of an artbook as items in your gallery *is* likely to make a copyright holder upset. They might argue that you are taking away sales of artbooks or some nonsense like that. So, avoid doing that. It sounds strange, but use your best judgement.

Recently, I've discovered that under the DCMA, RS isn't actually responsible for what individual users post. I'm just being a good sport by trying to promote fair use, though. (look up "DCMA" and "fair use" in Google if you're curious)


jn

Just keep in mind, like jn has stated that people usually will not make a fuss, that is, if there is really no money involved (that is the big IF).

Free advertising usually is not a bad thing, as long as the money trail continues to lead back to the right holder. But even if you do make money off of the image, it would have to be an awful lot to even raise an eyebrow, and even harder to stop, unless you are "Napster" ^-^.

On the other hand I have been involved in this type of potential mess and have almost gone to court over a copyright issue on a few occassions. This was not cel related but "Hollywood" related (written works, music, etc.) I come from a family that has a foot or two in the entertainment business. So excuse me if I seem a little wary or "paranoid" about this issue. I do believe in the "better safe than sorry" philosophy. And I am only speaking from experience.

Not to say that image art on a web page is comparable in a direct sense, but I have been there, done that with the copyright infringement issue down to hiring an attorney and serving documents .

Anyway, It doesn`t hurt to write someone (or their company) and let them know what you are doing with their images, just like it doesn`t hurt for people to ask to use your cel images first, before using them in their banners, websites, or even down to the making of fancels, etc. "for public display or sale".

It is just a polite and courteous thing to do IMO, and it sometimes is appreciated by the copyright holder.

That said, of course it is not at all likely that anything will happen if you don`t.

E

Wow, thanks a lot. Yea the images I am using for the banner goes along with the theme I am trying to set with my gallery, perfectly. It is still under construction (waiting on my early Christmas present cel's to get here) after that I will put it up for everyone to view.

I have stated in my gallery what the banner is from and who did it...exc. I'mnot trying to make money off it or anything like that. But now all I really need to do is e-mail the makers, which I highly doubt will mind at all. Thanks for explaining everything clearly and I do hope you will take the time when my gallery if finished to drop by and look around. Thanks again for the help!