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 Post subject: Re: Illustrating Indie Publications
PostPosted: Sat Dec 24, 2011 10:29 am 
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epicfreak wrote:
I guess what I'm getting at is would you (or someone else here who can do such wonderful images) sell such artwork...


Certainly!

Check out Illustrations for Gamers

This is the alpha version of the website. You can't subscribe yet or commission illustrations yet -- those functions will come in January. However, you can see pricing and you can see many example images or extracts from images.

Regards,

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 Post subject: Re: Illustrating Indie Publications
PostPosted: Sun Dec 25, 2011 11:48 am 
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This is looking real good! I especially like some of the architecture stuff!

Won't there perhaps be copyright issues with some of the Games Workshop miniatures, though? And I think I spotted one or two from Reaper as well? Not when using them for personal uses, like gaming - but if publishing stuff with these pictures in it, I mean.

I may have overlooked it on the site, but do you also offer the option of me sending you a photograph (of a landscape, say) and you turning it into one of these beautiful graphical renditions?


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 Post subject: Re: Illustrating Indie Publications
PostPosted: Sun Dec 25, 2011 10:06 pm 
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Auburney wrote:
Won't there perhaps be copyright issues with some of the Games Workshop miniatures, though?


No. Anybody is permitted to take a photo of anything from a public space and claim copyright over the resulting image.

Let's say you want to take a photograph of a supermarket carpark for the cover of your book on urban development. So you take a photograph of the carpark from the sidewalk. Who owns the copyright on the image? The individual car manufacturers of the cars in the carpark? The owners of the individial cars in the carpark? The owner of the supermarket perhaps? The council within whose jurisdiction the supermarket resides?

The answer is none of the above. The photographer has produced the creative work. They have done so from a public space. They hold copyright over the image.

In the case of figurines there's no issue at all. You own the figurine, you can photograph the figurine, you have copyright on the image and may use the image as you see fit. A little bit different perhaps is the situation where you go to someone's home in order to photograph their figurines. Their home is not a public space. You would need to seek permission to photograph the figurines -- and on receiving permission the copyright on the resulting image is yours. Different again is the situation where you attend a gaming convention. While the venue might be deemed a public space -- say a council-owned hall -- the organizers of the convention may have a notice stating that photographs may not be taken. This notice might be prominently displayed at the entrance and at the registration booth. In these circumstances you would need to seek permission from the convention organizers to take photographs. Their concern may well relate to the (inadvertent) photographing of minors, so they may organize for you to have access to the figurines outside of normal hours. Or they may not.

Of course if you were publishing a story set in the Warhammer 40k universe and illustrating it with illustrations derived from photos of 40k figurines then you would run into problems -- not because of the illustrations but due to trademark breaches (using their trademarked words in the story).

Auburney wrote:
I may have overlooked it on the site, but do you also offer the option of me sending you a photograph (of a landscape, say) and you turning it into one of these beautiful graphical renditions?


That will be part of the Individual Illustrations section.

Regards,

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Ian Plumb
Illustrations for Gamers
Lyonpaedia
Griffin Grove Gaming
Kraftworks for Kids School Holiday Program


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 Post subject: Re: Illustrating Indie Publications
PostPosted: Mon Dec 26, 2011 8:07 pm 
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thanks for the elaborate explanation, Ian! That makes things a lot clearer already. However, what I meant was not so much this:

Quote:
Of course if you were publishing a story set in the Warhammer 40k universe and illustrating it with illustrations derived from photos of 40k figurines then you would run into problems -- not because of the illustrations but due to trademark breaches (using their trademarked words in the story).


(since that is pretty much obvious)

.. but what if I were to publish an Indie SF game called, say, Mars Riots 3535, and I were to include an illustration of one of GW's dreadnoughts (or some killer robot mini from some other company) in order to illustrate my idea of a "Pacifier Bot" or some such..?

Surely that could get me into some legal trouble, no?

(I'm aware however that the dreadnought is a very specific case, which would not apply to lots of other minis, such as witches, knights, soldiers and so on... but there are things with their own trademarked designs, right? Such as Sauron, dreadnoughts, or the Millenium Falcon I figure... These are the ones I fear may be problematic)

Not meaning to nag you or talk down your site in any way, mind you!
It's just that since you seem to be quite knowledgeable in that regard, I'd welcome any input on these thoughts :)

regards,


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 Post subject: Re: Illustrating Indie Publications
PostPosted: Tue Dec 27, 2011 6:02 am 
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Keep in mind that this isn't legal advice -- it is my opinion regarding how copyright works in Australia. Trademarks are different.

Auburney wrote:
... but what if I were to publish an Indie SF game called, say, Mars Riots 3535, and I were to include an illustration of one of GW's dreadnoughts (or some killer robot mini from some other company) in order to illustrate my idea of a "Pacifier Bot" or some such..?


From a copyright perspective this is not a problem. You would have to take the photo and convert it to an illustration, not just scan the Dreadnought box and convert it to an illustration. If you were to include a caption for the illustration that read "Games Workshop Dreadnought" or even "Imperial Dreadnought" then the text would get you into trouble but not the illustration.

To some extent, if Mars Riots 3535 required the players to purchase four GW Dreadnoughts in order to play -- well, I'm not sure why GW would complain about the illustration... Of course being GW they would, and you'd need deep pockets to defend yourself.

Auburney wrote:
... but there are things with their own trademarked designs, right? Such as Sauron, dreadnoughts, or the Millenium Falcon I figure... These are the ones I fear may be problematic


A trademark is completely different to copyright. A trademark lets you "own" a particular phrase or image for use in a specific market (for lack of a better term). For example, I own the trademark "Kraftworks for Kids" for use in the Childcare market. I do not own it for use in the Automative market. In Australia trademarks belong to one or more of something like 60-odd potential markets. When you apply for the trademark you have to detail why your trademark applies to a particular market.

The word Sauron is a trademark owned by the Tolkien estate. This does not prohibit you from drawing an image and calling it Sauron, but it does prohibit you from writing a story about Sauron or selling images of Sauron. Of course the same image sold as "S'ron" isn't a problem.

Few manufacturers trademark their designs because it is expensive to do and it is expensive to litigate a breach of trademark. When they do so it is because they want to protect their bread and butter -- figurine manufacturing -- not prevent somebody from posting a photo on the web or whatever.

Regards,

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Ian Plumb
Illustrations for Gamers
Lyonpaedia
Griffin Grove Gaming
Kraftworks for Kids School Holiday Program


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