Personal Avatars

[Udgard]

So lately I have been wondering, what happens to the copyrights of personal artworks (either self-drawn or purchased) that are approved for use as MD avatar?

I would guess that pictures sold to the shop using for the 3 credits would belong to MD - they are after all [u]sold[/u], and the uploader receives credits in exchange.

Then there are pictures that are not sold to the shop per se, but instead used for personal avatars. Do the owner keep all copyrights/owner keep copyright but MD has full rights to use it on the site/MD keep all rights? I am guessing that if the owner goes away more than 6 months the avy will disappear to the shop also, which makes matter a bit more complicated.

And then there are pictures that are kept in the avatar vault and not used as player avatars yet. What would be the status on them? (Please note that I am not referring to ones that were bought from the avatar shop then placed to the avatar vault).

Thanks in advance for any answers.

[Ravenstrider]

I believe they still belong to MD, though artists can request them to be removed from MD... So if the avatar went to the shop after the inactivity, when the artist returns, he can ask for that avatar to be removed from the game completely.

It's complicated because there isn't any legal contract we sign. (Not sure if I clicked I Agree to Terms and Conditions when registered... I forget things like these)

If there is a legal contract that clearly states avatar ownership when uploaded or a note somewhere that says: When you upload an avatar, it becomes ownership of MD, then MD owns it and it can do whatever it wishes with the avatar. I believe this to be the case.


It's 4 am and I'm not making any sense... I'll probably have to edit this post tomorrow to clarify it a bit. x.x

[Chewett]

Well, Since it isnt explained, or described i think it needs to be written down somewhere on the upload page, to clarify. Because no one really can give the "correct" answer apart from Mur.

[Chewett]

priority1 - 08/03/2008 - 1:06:11 AM

Artists are welcome to try their skills in building MD avatars, the deal is like this: <br> i pick only the avatars i like, t[b]hose avatars cant be used anywhere else once they become MD avatars, (no forum avatars, no web gallery, nothing and i mean it[/b]) , and you receive 3 credits for each avatar that you make and its added to the MD avatar gallery. Avatars must not be cartoon like, or comics, or anime, or that type, keep the magicduel look&feel please. If i like your work more tasks are available and for greater number of avatars (assuming i like them) i can pay you cash. Oh ..and one more thing..they dont have to look like the current ones,...just do your best and email the results to manu@magicduel.com , put subject "MD Avatars". Thank you, good luck.|

This is an old announcement i just came across while summarizing them.

And although it doesnt specify they "own" them, It does seem like it due to the bolded part

[Laphers]

[quote name='Chewett' timestamp='1302687342' post='82462']
[b]those avatars cant be used anywhere else once they become MD avatars, (no forum avatars, no web gallery, nothing and i mean it[/b]) , and you receive 3 credits for each avatar that you make and its added to the MD avatar gallery.

And although it doesnt specify they "own" them, It does seem like it due to the bolded part
[/quote]

That would make it a work for hire and the copyright is owned by MagicDuel(Mur)

If an artwork is submitted to MD (for no payment) it is possible that MD gains the copyright similar to the way newspapers gain the copyright of submitted photos though I think Mur should post a warning to uploaders to that effect. If there is no payment then the artist maintains copyright of the original and all other resolutions/formats and they can be used for any purpose as the artist sees fit.

That is how I see it though it has been 15 years since I took a copyright law course.

[Grido]

The problem with the artist retaining copyright after upload, even if they do it for no cost, is that they can still sell it to the shop at a later date, or sell it to another player in game for credits, it all becomes very convoluted.

It would be ..."safer" all round if as soon as the avatar is accepted into the system (meaning approved, rather than uploaded, it can still be removed by the author if it hasn't been approved yet) the copyright belongs to MagicDuel. But yes, I think that some written notice on the upload page to that effect should be made.

[BFH]

I believe that the avatars once uploaded are property of MagicDuel. It says: "Avatar style must match the style of current MD avatars and contain the small MD letters as all avatars in MD do." So tha MD letters means that they are part of MD consequently property of MD.

I also agree that there should be a warning or something that explicitly states MD ownership over those avatars.