I'm afraid this asset is definitely NOT in the clear for several reasons:
MACK/looseleaf requires attribution. Saying where you got the original asset isn't attribution until you make it clear that anyone else using these assets must also attribute the original author in the way they've requested. You can ask that people attribute you as well, but at the very least the original author must be attributed. That would make the license closer to CC-BY, not CC0. However, changing the license and adding attribution instructions wouldn't fix it because...
The terms of the MACK/looseleaf license are nebulous, but it certainly isn't compatible with any license on OGA. It says the assets can be used in commercial projects but distributing them as a collection of assets is forbidden. Although you might have satisfied that requirement, by changing the license (also not really allowed) you've implied that anyone using the art from here can distribute these independently of a game project. However, even MACK/looseleaf's license may be invalid because...
Derivatives of RPGMaker artwork cannot be relicensed to any license on OGA. Even if they're modifications of modifications of modifications of a very old version of RPGMaker artwork. Even if MACK/looseleaf believe it's ok to use them. Even if other people have used them outside of RPGMaker and didn't get in trouble.
I have to mark this as having a licensing issue. I wish this asset could stay here. If anyone has better information on this, please speak up.
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.
I'm afraid this asset is definitely NOT in the clear for several reasons:
I have to mark this as having a licensing issue. I wish this asset could stay here. If anyone has better information on this, please speak up.
How did you make these?
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.
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