Model: Iron Man
By Bruno Oliveira.
Bruno writes:I made this iron man model some while ago, has been an year since i can remembered, but, i decide to put it in the blender swap today!
Hope you like it, cause I did a quite while then the model should not be so good, does not have textures only basic materials, there is some time since does not open this file, so I do not know how it will be on your computer, I left the simplify on because the model is quite heavy.
This is the version one, the version two will come out with textures, correcting proportions and rigging, i hope =P
Link
Well, that is awesome. (Especially since I [and many others] have been on an Avengers trip lately)
Great model.
Nice! Thank you!
Very slick indeed, wonder what renderer he used, seeing as he said he did it a while back it’s probably not Cycles…
Thank you guys, but unfortunately i have to shut down de link os ths file because of this….
Email from Blend swap guys: We are sorry to notify you that your blend “Iron Man”
located here: http://www.blendswap.com/blends/characters/iron-man/was reported for the following reason:
“The blend features trademaked logos or materials.”
And with the following notes:
——————————————————————————–
” You cannot post and allow people to download this image. It has a prior copyright.
http://www.chillingeffects.org/derivative/notice.cgi?NoticeID=24203”
——————————————————————————–
This means that the blend will be investigated in order to clarify
any possible problem arising from this report.
We advice you to please reply to this email as soon as possible with
any information that can help us solve this issue.
Thank you for your care and time.
This Copyright thing is so annoying, i just love the character and i want the opportunity to share this file with other people who like him too. But this capitalist world sucks, so sorry for that and thanks for liking.
Yep it is annoying and costly, that is why many turned to open culture instead.
Here is the thing, you made an Iron Man which is intellectual property from Marvel Comics and they has hundreds of contracts with hundreds of others distributors and any one of them could have complained and you get screwed.
This could probably be just the beginning of a nasty process, the DMCA is just a first step, they could try to track you down to sue you or ask for your extradition for violating their laws(US laws assuming a DMCA takedown that is only valid in the US).
As for BlendSwap if they take down the content and wait for you to reply and say you are sure you are not infringing anything, they can repost the content again, which triggers the second stage which is a fight between you and Marvel or whomever filed the DMCA.
Also another thing to keep in mind in places like Europe there are design patents, with the iPhone a prime example of such if you make a model using that you are probably going to have problems, cars also are potentially problematic, ship hauls in the US have design patents so its probably best to keep it away from them too.
Also fan art is not fair use automagically it needs to fulfill certain criteria to qualify as such thus being a tricky proposition, but that is only in the countries that recognize fair use at all, which most don’t, almost all of Europe is fair use free or fair dealing.
This is not to scare you, this is what I know about the subject, copyright is messy and unfair, it is an anachronism from an age where mercantilism was something to be proud of, it is a vestigial piece of thinking that should die, but since it is not going to, the best thing to do is to keep away from copyrighted material and use only material that is open, at the moment there is little of that but give it time it will grow.
This is were your money goes when you buy a copy of Iron Man the movie anywhere, it goes to harrass others to submit to medieval laws.
http://en.wikipedia.org/wiki/Fan_art
http://en.wikipedia.org/wiki/Fair_use
http://www.themarknews.com/articles/8279-british-man-to-be-extradited-to-u-s-for-linking
There is a sad story about a young English man who linked to illegal material and it is facing extradition to the US even though what he did is legal in the UK.
Please don’t take this lightly, it is a serious matter, one that I personally believe it should not be a problem at all that is why I support and preach about open source everywhere, but the people behind those copyright don’t care, this is exactly why they are so dangerous and unhealthy for creativity and innovation.
This is why I have a lot more respect for Lucasfilm, they encourage fan-made creations, there are tons of free Star Wars vehicle 3D models online. As far as I can tell it hasn’t hurt their bottom line any. I wonder why other companies are so aggressive in this regard.
But that does not mean you will lose this file, who already done thie
download can share with the community by “ilgeal” way, anyway, i dont
want any problems because of this, so then do what you think is right.
You are mostlikely protected under fair use:
“Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out four factors to be considered in determining
whether or not a particular use is fair:
The purpose and character of the use, including whether such
use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work”
http://www.copyright.gov/fls/fl102.html
Noncommercial nonprofit. and if it came down to it educational as an example of modeling to others. Basically you did not profit from someone else’s work.
Not really.
1 – Those are guidelines to help reach a conclusion, meaning a judge doesn’t need to use them if he doesn’t want to and can explain his logic by other means.
2 – Even when fallowed, those rules are open to interpretation and anybody would be hard pressed to find two judges using the exact same rational to apply the same rules there, it is insane.
Any ads on BlenderSwap counts as commercial use, any gain monetary or not can be interpreted as commercial, the fact that the CC license allows commercial use can count as intended for commercial use, the term commercial in legal circles is a term of art meaning it has a different meaning than that of a dictionary, and it is vague so judges has a lot of discretion to deal with it, then if you get an unsympathetic judge you are not going to have a happy ending.
The amount is equally troublesome the de minimis doctrine died in Bridgeport Music, Inc. v. Dimension Films which makes it clear that on the 6th Circuit you cannot rely on the de minimis doctrine.
In a world full of copyfraud where people get away with it with impunity it is clear that the bias is towards strict interpretation of intellectual property and not the defense of fair use.
Although you can fight it, it is like Russian roulette.
We are talking about vindictive people here that would go to extremes to shut somebody up, see Gary Friedrich
Oh btw, if BlenderSwap didn’t do it yet they should register a DMCA agent, otherwise they can be held responsible for third party actions.
This is one of the terms to get protected under the law.
http://www.avvo.com/legal-guides/ugc/dmca-agent-designationan-important-step-for-obtaining-safe-harbor-from-copyright-infringement
Also there are trademark claims, he used the name Iron Man, that right there is a violation, he called it Iron Man so it seems fair to assume he produced a derivative work of art which is infingiment.
See this is why you never ever give credit to any source that has a standard copyright ever, because you open yourself to a world of pain.
Just to drive the point home here are some fun reading:
Quote:
Long-Awaited Ruling in Copyright Case Mostly Favors Georgia State U. By Jennifer Howard on May 13, 20124 years of grueling court battle that ended mostly well for the University, but even then they lost in some parts which Quote:
Oh, The Jobs That Get Killed, Part One on Monday, February 27, 2012Quote:
Artist Sues Sony Over Background Used in Music Video (Exclusive) by Eriq Gardner on February 27, 2012The case is about Maya Hayuk claims that she painted a mural for a job sometime ago and that same painting is now appearing briefly in another music clip, heck if you put something in public it will get recorded by somebody somewhere.Quote:
Rihanna Suffers Setback in ‘S&M’ Music Video Lawsuitby Eriq Gardner on July 25,2011Where the idea/expression dichotomy go?Transformative art?Quote:
Photographer Appeals Ruling Saying It’s Not Infringement To Have Vaguely Similar Photos by Mike Masnick on February 7, 2012The things people sue others for. Now imagine what would happen to Ryan McGinley if he told anyone he took inspiration from the work of Janine Gordon in any shape or form, he probably end up like James Cameron that was fool enough to say where he got his inspiration for the Terminator.Quote:
Wikipedia: The Terminator
Sorry for the typing mistakes, typographical error or whatever .
Everybody rest assured the file will be kept online until Marvel itself claims anything.
Yes, surely fan art is covered by fair use?
You only have to browse Deviantart to find thousands of pieces of Marvel fan art. I don’t see why this is any different.
eweeeeeeeeee awesome!!!
any problems please contact me
the tremendous Iron man!!!!!!!!!
Hello Bruno nice modeling and render. You have great talent. I do hope that things goes well from what was said above.
It might be stupid what I’m going to say, even though I love many super heroes out . But if really by just making a fan art we could be sued, I would encourage artist out there to create from scratch and from imagination great piece of art. It would be really awesome if from some us new legends could come to life.
Great model and great show of your appreciation for the character. I disagree though that their request to remove it from BlendSwap is wrong. The character is not open-source, and the holder of the copyright reserves the right to protect their property. Capitalism might suck, but it’s also what’s given us the chance to enjoy Iron Man in the first place.
The grant of monopolies is not capitalism is mercantilism.
Quote:
Source: http://en.wikipedia.org/wiki/Mercantilism
In a capitalistic system there would be no monopolies and you would let the market decide who is a better distributor of something, where copying is paramount for the spread of knowledge.
The market decides the rules and they are spawned organically, not by government intervention.