Originally posted by nick_th_fury:
<STRONG>That insert does not infringe on anyones copyright. Under US copyright law it is completly mine. Art is protected & owned by the artist. There are no scans, nothing was used from any other source.</STRONG>
Ditto. The inserts I made were all hand-drawn in illustrator, even if they look similar they are still artistic interpretations of an existing piece.
And even TECHNICALLY as to circumvent a copyright the changes must be "significant" and "artistic", most 'hobbies' as video game collecting would be classified are considered a schollarly pursuit.
And as far as the screen caps on the back go, they are being used for the purpose of 'comment' (Title 17 SS 107 : "the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.").
I only make MVS case inserts. If anyone did decide to sue the people who make AES inserts, as a non-profit endeavour, with copyrighted artwork will most likely prove that there was a financial loss they incurred by this being available freely (as a software company might do when it comes to warez) or that the work has defamed their company or the artist's work (technically who ever owns the copyright is the artist. As far as the law is concerned they drew it).
They can't incur a loss with me as no such product exists.
They could take ANOTHER route and sue them outright for a set sum of money but the financial loss it would bring them to take someone to court, to remove something that is being distributed freely would be absurd to any business when they could simply....ask the person to take it down.
Also, not withstanding, that a registered letter must be sent to the 'infringer' declaring the owners intention to enforce their copyright.
I see nowhere where an email will cut it.
Personally, I thank you for your concern Dion.
