Just as my kids are watching Shaun the Sheep on television, I find this model by Albimac in my mailbox :) Talk about serendipity!
Albimac writes:
This entire project is done in Blender with Cycles render. It's a tribute to the famous animated serie "Wallace and Grommit".
By Albin MERLE
Enjoy
Link
21 Comments
Just curious. Isn't there copyright at the whole wallace and grommit series?
I was about to ask the same thing isn't this breaking a whole bunch of copyright rules.
If you check the license on blendswap you will see it's Fan Art.
This blend is marked as fan art. You CAN NOT use this blend commercially under any circumstance.
Hm. In my country it would even be forbidden to provide it without the permission of the original licenseholder.
There's no such consideration ("Fan Art") in Copyright and simply adding the "not for commercial use" caveat does *not* negate this.
So, what's the difference in drawing a picture of your favorite Disney character and posting it somewhere for others to enjoy/view. There's no infringement.
There is no difference and it is an infringement because that character may have additional protection under "Trademark" and not just box-standard "Copyright". Basically, and for all intents and purposes, *we* don't determine what's an infringement or not, the Rights holders do.
That fan art clause on blend swap means Jack.
I'm checking with Aardman studios to make sure
Not a good idea to put stuff like that on a site touting paid subscriptions; they might have been OK with the generaic adverts but actively asking for cash on the back of someone else's work... [sharp intake of air like a plumber looking at some bad pipework] yeah, not good.
You may have a point, but I can't help but think of all the fan created art and videos of other copyrighted material such as Star Wars and the like. How many video's (even one recently on this site) have we all looked at and even been a part of. Sounds like maybe there's some wiggle room here.
Strictly speaking there is no wiggle room and as mentioned in reply below (and this is crucial to understanding this so forgive the repetition); *we* don't determine what is 'OK', Rights Holders do.
Placing content like the above on a site that carries any form of monetisation (sales, advertising, subscriptions etc.) increases the probabilities of being picked up on it significantly because it can be seen as an active pursuit of infringement (making a point of using content to generate revenue as a result of traffic hits).
Then it stands to reason that ALL of the other material I spoke of should be immediately taken down. Across the board. Problem solved.
Strictly speaking, yes. And that speaks to just how messy and complicated infringement is, it really is a minefield. You can reduce your chances of stepping on one by doing your best not to inadvertently monetise your activities (or facilitating said-same for a third-party) ;)
There's this small difference between tolerated and allowed. Normally once such fan art starts to become successful and maybe even makes money is the moment where the license holder has to take action.
I highly suggest you watch the video I posted below, it's long, but it's from deviantarts in-house copyright lawyer, he does a great job of explaining copyright, trademark, and fan art.
Not so. The Rights holder has control from the beginning. Money, or commercialisation, may be a 'trigger' for an action but it is not a sole determinant; the rights holder could block *any* content and *any* time, if they so desired.
Indeed. I was unclear here. English is not my mothertongue, sorry.
No worries my friend ;)
It's a great model, but Shaun has much whiter and much more dense wool than that. This looks like one of Shaun's cousins from a different English county!
Here's some good watching, we took the steps we deemed necessary when creating our licensing, fan art marks/policy, and our EULA. https://www.youtube.com/watch?v=xKBsTUjd910