doubt

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Old 03 March 2014   #1
doubt

Hello guys,
I'm a student of 3D and I have a doubt. I am wanting to make a scene, but I'm no idea so I went searching 2D concepts of various environments found on google. I wonder if I would be plagiarism replicate in 3D and then publish.

sorry for my english and thank you already.
 
Old 03 March 2014   #2
As a matter of protocol, whenever possible, you should ask the original artist for permission. Crediting them, imo, is a must and should never be optional. If you can't get permission and can't/won't credit then move on to the next concept.
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Old 03 March 2014   #3
Originally Posted by cookepuss: As a matter of protocol, whenever possible, you should ask the original artist for permission. Crediting them, imo, is a must and should never be optional. If you can't get permission and can't/won't credit then move on to the next concept.

thanks for replying.
I tried to send an email to the artist who made ​​the concept to him asking for permission but he did not answer, these cases can for the credits then?
 
Old 03 March 2014   #4
Being inspired by another work is one thing, copying it to the last detail is another.

If you are inspired by an artist rendition of the Danube and you create your own representation of the Danube that is ok. But if you just trace over his work and call the end product your own that is a big no, unless you get his explicit permission to do it.

If you can't get his permission, then you have to take it as a NO since his right is protected by default.
 
Old 03 March 2014   #5
Originally Posted by Tuxon86: If you can't get his permission, then you have to take it as a NO since his right is protected by default.

You're technically right and I won't disagree with you. However, it's still not totally unheard of or uncommon. A number of 3D artists have faithfully translated the 2D works of Feng Zhu, Ralph McQuarrie, Syd Mead, HR Giger, Skottie Young, Joe Madureira, and so on. Some of this work has likely even made the galleries here. While they tend to give credit, I doubt that these artists have gotten permission. I'm just saying. That's all.

I do want to say that it's an IP issue, but it's also the sort of thing that artists tend to turn a blind eye to, especially if no money is involved. It's a tricky issue because, you're right. Having permission to interpret somebody else's idea is paramount, legally and ethically. At the same time, as a 3D artist, there's a good chance that you're going to be translating somebody else's concept. This sort of thing, at the very least, can be a good exercise.
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Old 03 March 2014   #6
Just avoid doing something like that without written permission because you can never be sure what might happen later. A friend of mine once asked for permission from certain, very prominent artist to do 3d version of his drawing and he received it. Later however, after he finished his sculpt, that same artist wanted to sue him. Fortunately enough he had saved email conversation with him and he avoided all sort of possible troubles.
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Last edited by LuckyBug : 03 March 2014 at 05:50 PM.
 
Old 03 March 2014   #7
Originally Posted by LuckyBug: Just avoid doing something like that without written permission because you can never be sure what might happen later. A friend of mine once asked for permission from certain, very prominent artist to do 3d version of his drawing and he received it. Later however, after he finished his sculpt, that same artist wanted to sue him. Fortunately enough he had saved email conversation with him and he avoided all sort of possible troubles.

Ugh. Yeah. That's just terrible. There's just no excuse for that sort of bad behavior. There really isn't. Personally, while I might make a piece piece of fan art for my personal portfolio now and then, I'd avoid direct translation too. I'm of the opinion that, while translation is nice and can be a good learning experience, you just don't see enough of the translating artist in the work. IMO, creatively, it's just not that gratifying anyway.
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Old 03 March 2014   #8
is thought that many good concepts to study, it's like you said cookepuss would be a good learning experience.
 
Old 03 March 2014   #9
It's all a question of representation.

Creating something from someone else art for your own pleasure or as a self teaching medium would be ok. Copying somebody else and presenting it as your own creation or in a fashion that could cause prejudice to the original artist wouldn't be.

So while most fanart get a pass, I don't think an artist would be too pleased if someone would be distributing objectionnal rendition of their art without permission. How would the studio/artist responsible for Dora or other kid oriented anime character feel if someone were to distribute an "hentai" version of it? I bet that even if the one doing it argued that it was only a "fanart" version, it wouldn't prevent the lawsuit.

This is an extreme exemple, but I bet you understand the point that I'm making.
 
Old 03 March 2014   #10
Yeah you dont want to copy stuff unless it is for practice, and even then its not super beneficial. Like other members said be inspired, thats better.

Inspiration good.
Copy less good.
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Old 03 March 2014   #11
It's not that extreme of an example, really.

Let me back up by stating that, the objection on the part of the IP holder would likely be that it hurt "their stock" and damaged the inherent value of the source IP. Disney, for example, wouldn't want the image of Mickey to be tarnished by some salacious or lascivious portrayal. That, in the end, could hurt their reputation and financial bottom line. They'd be in the right to complain. A real world example would be when, in 2005, DC Comics demanded the removal of painting depicting Batman & Robin kissing.

Where it [fan art] gets tricky is in the notion of fair use. When used for satire, homage, or sociopolitical commentary, such fan art tends to get protected. Usually. It's a really fine line to walk. Does Batman kissing Robin pass the litmus test? It's hard to say. It could, on the one hand, be a commentary. It could, on the other hand, also just be a dumb pop culture goof that crosses a line.

While we typically see various copyright and trademark notices on these properties, legally speaking, they're not untouchable. Were they totally off limits, works South Park, Mad Magazine, and so on wouldn't even exist.

You can't profit from somebody else's work. You can't hurt their ability to profit from it. You can't redistribute their work, which makes literal translation a no-no. You can't represent somebody else's work as your own, which is also bad. Beyond that, for the most part, things get a little gray.
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Last edited by cookepuss : 03 March 2014 at 06:53 PM.
 
Old 03 March 2014   #12
To be fair, in the case of Mad Magazine and South Park, they don't "copy" ip per say but instead they caricaturize them. They create something that ressemble the original but with enough difference to make it distinct.

The OP stated that he wanted to transform a 2D creation by a third party to 3D, in effect just changing the medium. The end result, after all, will still be a 2D picture with the same composition and content. Think of it as taking an old drawing of the classic batman and passing it thru a filter/software package to do some bump mapping on it. As a learning experience in regard to bump mapping it is fine, but you haven't really created anything that is that different than the original.

Now if you take the time to draw batman yourself, not tracing over but doing an actual drawing of how you imagine Batman to be, now that is something else, that is fanart. You got inspired by somebody else work but you created your own vision of it. It is still a grey area legally if you should be able to profit by it or distribute it, but I believe it's one that is well tolerated.

Beside, I have a friend who published last year a fiction novel with the Beatles as the main characters and it sold quite well and without any problem. The book followed the first half of their career with the fiction part being the dialog that they have between them.
 
Old 03 March 2014   #13
Look at photos for ideas, instead of stuff other artists already interpreted.
I would even suggest making a quick photo collage for a concept idea.
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Old 03 March 2014   #14
Are you creating art or are you creating a demo reel to get work?
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Old 03 March 2014   #15
I go sometimes trough concepts or reference images on google.
If I like some,I download it to my pc.
I place them all in a folder and they just sit there till I get some motivation to model something from there.

I only do translations from 2D to 3D.
When I look at google for images,I dont really watch who is the actor and go asking permisions.
It's a noble thing to do,but in my opinion not necessary.
And I dont even know if I will go and actually model from those images.

Well,I am still confused a bit about this.
If I use someones reference image or concept to model a 3d model then I have the rights on that model.

Is 2D equal to 2D modeled in 3D?
2D isnt 3D.
 
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