[Resolved]

1. @Izad
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This is an interesting case to me. He claims that he has copyright on images (while copy striking Jagex and the game Old School RuneScape by using images from their game without their permission).

Not only did he overcharge for 3 simple edits ($45 for 3 buttons), when asking for another button he says he is 1) too busy and 2) increases the price even further. At this point, he can ask $50 for the next simple edit, creating a monopoly on these buttons and manipulating the market.

I offered him $20, but he wants to go the hard way for the $5, so here we are.

It's still an interesting report, because 1) I never agreed to his ToS 2) this should not be allowed, I bought GFX for my website, and hence should be the owner of that GFX in my point of view (if I want to make simple edits myself or anyone else for that matter)

Curious what Sythe moderators think of this, and if i am allowed to make edits (without being banned for a month =p)

 

Thank you for filing this report, it saves me time.

Commissioning graphics does not mean you automatically obtain rights for the work. You are allowed to display it on your website as that is the reason for the commission, but you are not allowed to sell or alter the work unless the copyright has been explicitly signed over to you. This is by no means market manipulation. It is the law.

BlackBlasses on previous case:

I understand that this wasn't directly stated, but to quote Jason: "...absence of a license still means default copyright laws apply..."

Menk stealing assets + plagiarism

UK legislation:

The Copyright, Designs and Patents Act 1988 came into force on 1 August 1989. The act does not make specific provisions for commissioned works, which means that copyright remains with the artist who created the work, unless a written agreement assigns copyright to someone else.

Every other site explaining copyright laws:

You might easily assume that once the project is finished and paid for, you own the full rights to it. However, that’s not necessarily the case. Copyright law assigns ownership of a piece of work to the person who actually created the work. That means it automatically belongs to the designer.

 

- You are linking a case that is completely irrelevant here. That is another GFX designer ripping your design to sell to other customers.
- Remember I asked you the same price for an edit (even more so $20 for the same easy button edit design), while you claimed you are too busy. You even said yourself that you are overcharging. If you are so busy, then why do you have time to go through all this hassle over $5? What is the problem in somebody else doing the work that you cannot do? What kind of person are you lmao
- We are not using your buttons and just copying and pasting it, we are using the same layout to add another button (with different elements on it, different colours, we just need it to be the same style since all the other buttons are already in the same style).
- At this point you can just refuse to create another button and when we need one we need to get all the GFX re-done on the website, since you have "copy right".
- If you are so obsessed with the UK and legislation of copyright laws, then please explain to me where you got the right to use images from the official RuneScape website owned by Jagex? Or does this rule not apply to you, but then when your GFX is edited the rule applies to others?

 

I can indeed refuse to take on any additional orders and, as you say, you would have to order a new set. It is absurd to assume that the designer will hold onto the files for an eternity in case you decide you want a new iteration. Now most designers do keep files for a period of time, but designers are by no means obliged to do so unless there is an explicit agreement.

Copyright legislation still applies no matter the outcome of this report. Thus, you are by law not allowed to sell or modify my work since we do not have a written agreement on transfer of copyright.

 

- The absurd thing is that you are making the hassle over a simple edit, and crying about someone else doing the work you don't want to do. But cry is free I guess?

- Sure, so we are both abusing the copyright rules of Jagex. At least I am not the one claiming I am not abusing it - but you are. It's like two thieves robbing a store together, and one of the thieves takes all the spoils for himself (robbing the other, which is me in this story). The other thief (you) then wants to go to court saying "That is illegal".

Do you understand how stupid you sound? Do you report yourself as well in that case?

 

Furthermore, it is ridiculous that you bring up the use of Jagex assets considering:

1. The entire forum revolves around a market that breaks Jagex policy.
2. You wanted me to use the icons in the design.

Lets say I am the one crying when you are spamming me in DMs and filed this report. Either way, I do not have time for this. Leaving verdict to the mods.

 

1. The entire forum revolves around a market that breaks Jagex policy. - Indeed, look at the thief example above. And ask yourself how your claim sounds?
2. You wanted me to use the icons in the design. - let's do another example so you might understand this one. If I ask you to rob the store? Does that make you robbing the store legal?

 

Your logic and parallels really strengthens your case! Will have to block you on discord because you keep spamming me like you’re obsessed. If you have anything relevant to add, do it here. Bye!

 

Hello,

This case has been discussed extensively by staff.

I would like to commence this statement by outlining a few pertinent facts:

1. There has been no agreement or formation of a contract.
2. Under standard copyright law, Izad is the owner of the created work.
3. Lucky Charm has a license to distribute or copy the work, which is a non-exclusive license.

It is challenging to determine the extent to which Izad holds ownership over the images. It is evident that Izad owns these exact images that he has composed. However, to our knowledge, Izad does not retain ownership of the individual elements within these buttons. Should Izad be able to demonstrate ownership over any such individual elements, we invite him to provide clarification in a response. Assuming that Izad cannot establish such ownership, it follows that Izad's ownership is confined to the precise compilation of these buttons.

This would imply that Lucky Charm is entitled to use these images as inspiration and a reference for the creation of new buttons, provided that the new buttons sufficiently diverge from those crafted by Izad. I will not delineate herein which specific changes would unequivocally fall within or outside of these boundaries. Should Izad, at any future point, determine that the buttons substantially resemble his own to a problematic extent, he is at liberty to file a new report on the matter.

However, we have decided that from now on this has to be outlined through a contract/Terms of Service. Merely stating your Terms of Service on your thread is insufficient. I'll refer to this: A Guide to Terms of Service (ToS)
This means that going forward, failing to have a customer agree to a type of contract that clearly states the contrary, the buyer of GFX will be permitted to alter and reproduce the purchased GFX. This provision extends to employing another GFX artist to alter and/or reproduce.