You licensed this OGA-BY. That means people can use this without asking you. Actually, all the licenses on OpenGameArt.org allow people to use this asset without contacting you.
I hope you still want to keep this asset here, but I thought you should know that saying "If you wonna use, you can ask me..." is not really enforceable.
The importance of the name change is not really about parody in this case (although that's part of it). It's more about substantial similarity. Due to the style of the art, no reasonable person would mistake this for an actual photograph of trump, but a character's visual similarity is not the only thing covered by IP law.
If someone submitted artwork called "Sonic the Hedgehog" describing a character that loves to go fast and collect golden rings, but the picture looked nothing like Sonic the Hedgehog, it would still be a licensing issue. Not because the artwork looks like a character protected by IP, but because the name and description describe a character that is protected.
A name change is probably not absolutely necessary, but "Donald Trump" describes a trademarked brand name, even if the portrait does not. When victorkunai changed the name to something that "a reasonable person" won't mistake for a trademark, he granted potential users of the asset some measure of surity against IP issues.
Sara is the official mascot for OGA, but she is allowed to be used elsewhere since she is licensed CC-BY and GPL. The original character and artwork is by Mandi Paugh, which I believe was commissioned by bart, the site owner. There have since been many derivatives made. I'm not sure exactly how many there are total, but here are some of them.
A search for the keyword "sara" may also reveal a few others. Many submissions of sara in differing styles are the result of an art challenge a while back.
MikeeUSA has agreed to have the political and religious discussion removed from the original submission.
I have removed the REsubmission as it is now duplicate and abridged and have restored the original (sans-politics) submission.
I'll leave this thread here for a bit, but if it starts prompting discussions that hint at an impending flame war, I'll have to lock and archive it.
Anyone with questions or comments about this, please feel free to comment here (keep it civil) or you can Private Message me (less civility required. Be as rude as you want in the PM, no one will see my tears)
Portraits are tricky with licensing. People have some legal rights regarding the use of their image beyond normal copyright issues. Celebrity faces are generally fair-use, but no license on OGA is really adherent to fair-use rules.
But I hope the tracks are useful to someone and they can always improve them as it's opensource and they have the audacity files. Also the more put out, the more likely someone might find one that is useful in their game or short movie.
I agree with that, and I appreciate you taking the time to upload the audacity files. They are still present. I can restore them, but are you willing to have the political stuff separated?
EDIT: I can't leave this situation as it is indefinitely. I've sent a PM. Let me know what you decide as soon as possible. If I don't hear back from you in about 24 hours, I'll assume you've moved on to your next project. :)
I can't speak to the Xonotic project stuff. However, the abandoned email would explain why you didn't get the original notification. I don't know if I can cross-associate the audacity file, but I'll see what I can do.
I can definitely restore the original submissions, which will preserve any favorites and links to it. That's good. But I'd have to insist on your lyrics in the original submission be removed or only available via link to a different page. I can appriciate the marriage of the political and historical aspects of the song title, but it would go a long way in demonstrating some good faith if you'd be willing to tone it down quite a bit. Something like "US election results 2016", I dunno. I'm not trying to hamstring your expression, but politics just don't go well with OGA.
Which would you prefer?
P.S. Are you able to edit your profile to update the email address? It might help a lot since the notifications rely on a working email address for each account.
I thought
good stuff.
You licensed this OGA-BY. That means people can use this without asking you. Actually, all the licenses on OpenGameArt.org allow people to use this asset without contacting you.I hope you still want to keep this asset here, but I thought you should know that saying "If you wonna use, you can ask me..." is not really enforceable.EDIT: thanks. good animation.
The importance of the name change is not really about parody in this case (although that's part of it). It's more about substantial similarity. Due to the style of the art, no reasonable person would mistake this for an actual photograph of trump, but a character's visual similarity is not the only thing covered by IP law.
If someone submitted artwork called "Sonic the Hedgehog" describing a character that loves to go fast and collect golden rings, but the picture looked nothing like Sonic the Hedgehog, it would still be a licensing issue. Not because the artwork looks like a character protected by IP, but because the name and description describe a character that is protected.
A name change is probably not absolutely necessary, but "Donald Trump" describes a trademarked brand name, even if the portrait does not. When victorkunai changed the name to something that "a reasonable person" won't mistake for a trademark, he granted potential users of the asset some measure of surity against IP issues.
Those nid's correspond to the following submissions:
Sara is the official mascot for OGA, but she is allowed to be used elsewhere since she is licensed CC-BY and GPL. The original character and artwork is by Mandi Paugh, which I believe was commissioned by bart, the site owner. There have since been many derivatives made. I'm not sure exactly how many there are total, but here are some of them.
A search for the keyword "sara" may also reveal a few others. Many submissions of sara in differing styles are the result of an art challenge a while back.
Lol! "Doland Prunt"
Unflagged.
MikeeUSA has agreed to have the political and religious discussion removed from the original submission.
I have removed the REsubmission as it is now duplicate and abridged and have restored the original (sans-politics) submission.
I'll leave this thread here for a bit, but if it starts prompting discussions that hint at an impending flame war, I'll have to lock and archive it.
Anyone with questions or comments about this, please feel free to comment here (keep it civil) or you can Private Message me (less civility required. Be as rude as you want in the PM, no one will see my tears)
Portraits are tricky with licensing. People have some legal rights regarding the use of their image beyond normal copyright issues. Celebrity faces are generally fair-use, but no license on OGA is really adherent to fair-use rules.
See discussion on http://opengameart.org/content/someones-pixel-portrait
Would you be willing to retitle & relabel it? In the meantime, I'm marking it as having licensing issues.
I agree with that, and I appreciate you taking the time to upload the audacity files. They are still present. I can restore them, but are you willing to have the political stuff separated?
EDIT: I can't leave this situation as it is indefinitely. I've sent a PM. Let me know what you decide as soon as possible. If I don't hear back from you in about 24 hours, I'll assume you've moved on to your next project. :)
I can't speak to the Xonotic project stuff. However, the abandoned email would explain why you didn't get the original notification. I don't know if I can cross-associate the audacity file, but I'll see what I can do.
I can definitely restore the original submissions, which will preserve any favorites and links to it. That's good. But I'd have to insist on your lyrics in the original submission be removed or only available via link to a different page. I can appriciate the marriage of the political and historical aspects of the song title, but it would go a long way in demonstrating some good faith if you'd be willing to tone it down quite a bit. Something like "US election results 2016", I dunno. I'm not trying to hamstring your expression, but politics just don't go well with OGA.
Which would you prefer?
P.S. Are you able to edit your profile to update the email address? It might help a lot since the notifications rely on a working email address for each account.
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