Using other people backgrounds and overlays

[Farah_DeSantis]

Hi, I just want to open this topic to raise attention to the author rights.

1. If the episode has approved background or overlays it doesn’t mean it doesn’t violate author rights! When you upload it you have to confirm that you are the one responsible for the content not violating author rights. Please understand it is not in power of episode to check it, thay do not approve only the one using visible trademarks, etc. So that somebody gives you his background or overlay proclaiming it was approved by episode it DOESNT MEAN ANYTHING regarding the author rights.

2. the same goes for the background which somebody proclaimed he created them so he owns them and he makes you believe that crediting him is enough and you are on the safe side. This might be so but do not need to be.

I have for your example which made me bit confused today. I will not name anybody - but there is the background of car interior which somebody on episode proclaims as his property because he did it (I was looking for something like this so I started to try to find out if it is really free regarding author rights)…but what he actually did (as it seem to me) - he/she took picture protected by author rights from an automobile site and just cut out the windows and replaced it with a different background. if so - such picture was never his/hers and he had no right to adjust it and if you blindly believe him/she and use it you are at the end the one who violates the author rights too.

That somebody uses it not even giving the credit to the “self-proclaimed” author is one thing but that the “author” actually did steal someone’s picture and proclaimed it his because he illegally modified and even requires credit for it is beyond my understanding.

So what I recommend:

1. be on the safe side and get your backgrounds only from free sites like pixabay atc.
2. if you use a background which is from someone here on the episode - better do not believe it is OK to use it and check it?

How to check it?

One possibility is downloaded it and use https://www.google.com/imghp?hl=en (google image) - you can drag there the picture and google find the same and similar picture and so you can find out if there is actually an original picture from which it is made and it might be protected by the law.

an example I mentioned above

This is background - which was on someones google drive and you were able to use it by crediting the “author”

and this is a picture from https://pressroom.toyota.com/album/2012-2015-toyota-prius-third-3rd-generation/
And thay have clear statement there that this picture is protected by author rights

And to be clear I am not saying that the one who modified it didn’t get an agreement with Toyota to use their picture- maybe he or she did :D- but I recommend if you find such picture stay on the safe side and do not use it.

also, remember - even you are not making money from your story episode does - it means all you upload must be free for COMMERCIAL use - does this picture to you look like commercial free to use? Maybe I am wrong but it seems to me it is not.

This is for you all to make you more aware and not blindly believing that some background or overlay is free only because somebody told you.

You are the one responsible for your actions.

[TalGordin]

Thank you for bringing this up! I’ve been talking about this for a long time now on IG but it doesn’t seem like anyone noticed. I will use the opportunity and self-advert a little- I have a drive myself and everything on it is 100% legal, so if anyone needs anything feel free to check it out
I’ve seen famous background makers using images they don’t own the rights to and i’d hate to see people getting into legal trouble over this…

[Farah_DeSantis]

Especially because it is so unnecessary because you can always find what you need legaly. Problem is most people do not even think about if it is legal or not.

[AMagic]

Hey I could use some help about a background, can you help?

[TalGordin]

I only half agree with this because it is harder to find legal images that look good. But yes, people don’t even think about it and I’ve seen a lot of cases where backgrounds and overlays were illegal

[Farah_DeSantis]

If it is in my abilities. I wil gladly help.

[AMagic]

This was disapproved why?

I used PNGtree and KissPNG

[Farah_DeSantis]

Well I am now on my phone so I cant google the picture itself but there are usually 4 reasons

1the whole picture is protected by author rights and it is in a way obvious… I am how ever not sure about it in your case… This you can check in the google image as I described. Only the R looking like signature make me think it might be not free… But it doesnt have to be like that.

2 only part of the image is protected but good so well known thay were able to recognise it (maybe the skull or skeletons ?)just guessing

3. there is a trademark which is probably not this case.

4)inapropriette content which I also do not think is your case.

I can try to look it up for you in the google image tomorrow but you can always write ticket to ask them why exactly it was rejected.

Also where you get this picture from?

[AMagic]

I made the image, I put the R there.

[Farah_DeSantis]

And have you draw all or the skull and skeleton sre taken over from somewhere? If so from where?

[AMagic]

@AMagic

I used PNGtree and KissPNG

Here.

[Farah_DeSantis]

Kisspng usually has png only for personal use and cant be used comertially dtto pngtree (but there you can go with crediting for comertial use often) . But this is hard for episode to find out unless it is well known picture…

In your case I would write a ticket and write them this and ask them for more detailed explanation what is in their openion not OK… Eather thay noticed something I am not aweare of or it was just human mistake… Can happen. Do not be afraid to ask.

[AMagic]

Thanks

[amberose]

It looks like there is a watermark across the skull in the middle

[AMagic]

I didn’t notice thanks for pointing that out.

[Farah_DeSantis]

I have for you one more example:

This is what you can find on episode life…and because it is there it might give you the impression it is OK regarding author rights…notice the “author” and the must for creditig.whyle, in reality, this picture is from the PC game and for sure it is not allowed to use it without permission.