Legal Issues

[Ethica]

What are the legal (copyright) ramifications of putting other peoples artwork on our questbooks etc?

Because I'm not good enough at art to produce stuff of the quality you get on the front of the official questbooks, so I find something on the internet that relates to the theme of the questbook and stick that on the cover. Obviously it's fine for my personal use cause no one would know, but what if I want to post the questbook on this site for other people to download and print?

Is there any harm if money isn't being made? I wonder if the worst that can happen is the originator decides that the image cannot be distributed in this way and that it has to be removed from the website.

[gravaillon]

Sincerely, it's a very good question... I think that if you don't earn money for your creation, you can't be purchase by the law. But you must delete your file... If you sell it, it's different. I'm not sure about that, but I want to know the answer too.

[el_flesh]

You're bound to be OK until someone who has the legal right tells you to STOP - then you must remove it.

[torilen]

As far as I know, even if you are not making money from something, if you're work includes someone else's
work (such as illustrations) without that other person's permission, you could be held liable for copyright
infringement. This is because placing it on this website and allowing others to download it is considered
distribution.

That word, distribution, is where the problems arise. Typically, unless the other person states specifically that
you may distribute something as long as you make no money...most people do not allow distribution of their work
without their permission.

This would be especially true for something such as this - placing it into a quest book for others to download. That
other person has no say over the quality of work in that quest book, nor does that person have any say over the content
of that quest book. They may not agree with the content (i.e. magic, evil, demons, devils, and such). They might feel
that their illustrations belong in something more professional, higher quality.

That is why most people do not want others distributing their work without permission.

[torilen]

One other thought. If you're thinking of using something anyhow, and plan to simply take it down
when and if a legal issue arises...I would not do that, either.

Copyright infringement allows for someone to sue for damages. In this case, even though you made no
money off using their work, they can claim that you have damaged that piece of work AND their reputation
as an artist...and if they have a really good lawyer, they could claim that you damaged their good moral
character (if they do not agree with the content...again, magic, evil, chaos, and such).

[Ethica]

poop. I'll keep everything else I've made to myself then.

[torilen]

no need to keep it to yourself. Just take out the stuff other people created. There's plenty of free clip art on the internet.
Simply do a search for "royalty free clip art". You'd be surprised what is out there.

[gravaillon]

Sincerely, what artist (even the greatests) will attack a fan of HQ ? We're just so little, little, little... Who cares about the HQ communauty, sincerely ?

[torilen]

More than likely, gravaillon, you're right. The bigger issue would be if someone were to use
art from a major artists - many artists lose the rights to their own art when they create something
for a company (say, larry elmore - the art he did for tsr/wizards of the coast). An artist might not
pursue legal action, though they might ask you to take it down, with the threat of legal action if
you don't. A company, however, would most likely seek damages and such.

[Ethica]

It's not worth the risk including others copyrighted material and without the cool artwork and illustrations it's simply not worth it.