Is using wallpaper of a movie illegal?

[Turk]

I wanted to ask if its illegal to change the wallpaper of the movie:Alexander
and posting them for my mod

is that illegal?
(sry,i have no knowledge about such things)

[Maximilian I]

well basically yes, as the material you are using is copyrighted.

[Turk]

damn!
then i must an other one
but is not allowed for non-commercial use?

[Halie Satanus]

I would say it is more a grey area, your using wallpapers which are free for anyone to use..

Lot's of mods use film images for loading screens ect...

[Professor420]

If the wallpaper was released, for free, and you credit the source, it should be legal... regardless, its not illegal. But you won't have a problem with doing it.

[Turk]

deleted
This is the one which i want to use,and they are released and it looks like that it is free
so i give them credit in the credit section and finished
right?
Oh and we changed it to this:deleted

[Armatus]

I would say it is more a grey area, your using wallpapers which are free for anyone to use..

Lot's of mods use film images for loading screens ect...

If the wallpaper was released, for free, and you credit the source, it should be legal... regardless, its not illegal. But you won't have a problem with doing it.

This is one of those don't ask don't tell type of things, but since he's asked, let's be honest about this. I really doubt the majority of modders regardless of what gaming community have obtained exclusive rights to copyrighted material i.e. pictures, wallpapers etc., etc. that would allow them to alter said images or materials, share them and use them to promote public community projects directly related to other copyrighted or trademarked work (Total War).


Not trying to rain on his parade, but I'm pretty sure those are the facts of the matter. With that said obivously lots of people do it, so I guess it's up to you.

[makanyane]

Seeing as you asked, I think it is the removing the title bit which is dodgy, they obviously released it freely as an advert and you're removing the advert part...

maybe a smaller credit actually on it - like a small signature in the corner, image from ....?

anyway I suspect Armatus is right - most mods don't ask....

[Turk]

ok people here is a new one:
deleted

better?

[fahrenheit]

As long as you dont make a profit from the image (which you arent, if all your using it for is modding) the company wont have a problem with it.

Thousands of people use images and promotional wallpapers. Using it for a free mod isnt going to get you in trouble.

[Armatus]

As long as you dont make a profit from the image (which you arent, if all your using it for is modding) the company wont have a problem with it.

Thousands of people use images and promotional wallpapers. Using it for a free mod isnt going to get you in trouble.

I take it you read the copyright holder's policies regarding use of their media and drivitative works? Because truthfully they are the only ones who decide what is a problem or not.

I think it's pretty clear everyone does it and the chances of this being brought to anyone's attention that would care may be slim. The point is if some does care you would first probably get a warning to remove it from the public domain or internet and if you didn't that's where you run into trouble.

I'd keep this in mind in regards to blockbuster movie media. If the content owners don't like what you're doing they are more within their rights to slap you with a DMCA violation if you don't comply.

Again this is for Turk to decide. I don't think anyone's rushing to tattle on him.... or that the worst would end up happening, but that's the risk involved. It's irrelevant how he's using it, because the content has been modified, uploaded and being used for something that takes away from or causes confusion with Oliver Stone's trademark or work. All things probably not allowed if you look into their policy.

[WImPyTjeH]

Nobody would care that you're using something from a movie. And especially when it's a wallpaper. Some mods use music, models,... from movies etc.

Technically, it's illegal but as long as you don't make profits with it, it's allright and no-one will care :wink:

W

[boofhead]

They should pay you for free advertising if the mod takes off......

[fahrenheit]

I take it you read the copyright holder's policies regarding use of their media and drivitative works? Because truthfully they are the only ones who decide what is a problem or not.

Fair Use

Spoiler Alert, click show to read: 

Section 107 of the United States Copyright Act lists four factors to help judges determine, and therefore to help you predict, when content usage may be considered "fair use."

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes. If a particular usage is intended to help you or your organization to derive financial or other business-related benefits from the copyright material, then that is probably not fair use.

Since this image was published for the public, and the image is being used in a completely free mod it would easily be argued that this could go under Fair Use.

[allypup]

I don't think fair use would apply. The copyright holder could reasonable argue that using an image from the movie in a game infringes on any game they may someday license.

Example EA paid big bucks for an exclusive license from the NFL. Any other football game cannot use NFL, NFL logos, NFL team names, or NFL player, coaches or officials names. EA has been quite vigerous in enforcing it's exclusive license. If you were to put a picture of Bart Starr over a green bay packers background, both of which came from the official NFL site, into your free distribution of RTW MYMOD, you can expect a letter from EA's attorneys as well as letters going to the web site and the carrier and anyone else the lawyers can find.

[fahrenheit]

Example EA paid big bucks for an exclusive license from the NFL.Any other football game cannot use NFL, NFL logos, NFL team names, or NFL player, coaches or officials names.

I dont think thats a good example because hes using a wallpaper image that was made for the public, and its being used in a free to use mod. Versus your example of using names and icons owned by a company to be used in a profitable game.

If you were to put a picture of Bart Starr over a green bay packers background, of which came from the official NFL site, into your free distribution of RTW MYMOD, you can expect a letter from EA's attorneys as well as letters going to the web site and the carrier and anyone else the lawyers can find.

I would really doupt that, but the only way we could solve this quandary would be to cite real life examples of court cases. Unfortunatly I couldnt find any, so if you could enlighten me to your point of view then we have a solution but until then its only up to opinion.

[Professor420]

How about this answer, Turk:

No one f-wording cares, just use it. Nothing is going to happen.

Half of everything on youtube infringes copyrights somehow but people don't give a ****, and they shouldn't. Don't worry about stuff like this. Do whatever helps the mod get done faster.

I can't believe people are nitpicking this issue when we have how many LotR mods in existence, how many mods based illegally on franchises?

[Turk]

ok I deleted it and I will not use it
Thanks all for help

[Kaweh]

It's a wallpaper, it's not illegal to use it, as long as you give proper credits (the URL to the image in the readme should do it). Honestly, nobody gives a damn, look at all the 300 sigs, they use screens out of the movie. So don't worry and use it, it's perfectly ok.

P.S.: Mach's einfach, pah! (you speak German, don't you? )

K.K

[Turk]

lol yes i can speak german