Hello, I have a question about the copyrights on artwork that I've replicated (or reproduced). When I redraw an image from scratch based on an existing image, am I in any way infringing the copyright of the original artist? When thinking along the lines of reproducing 'real art', creating a replica of a painting seems perfectly legal as long as you don't claim it is the original, right? The image I replicated wasn't marked in any way with a copyright notice and no terms of use are provided, does that mean I'm 'out of the woods'? Does it matter that I'm using it for a non-commercial project? Thanks in advance for any answer to my questions :)

You can't sell it or claim it as the real thing, even if someone tells you they will buy it, you can't sell it.

whats the difference of having "stary night" by van goe and "stary night" by you, they both look exactly the same, right? well the likeness of your image infringes on the copyright because its exactly the same, it doesn't matter who made it if they look the same, you can't name your compnay coca cola and sell pop by the same name because of the likeness. you can however make cheap ripoffs that do look different but look similar to the original, but be careful as there is a very thin line between copying and similar likeness.

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"The image I replicated wasn't marked in any way with a copyright notice and no terms of use are provided, does that mean I'm 'out of the woods'? Does it matter that I'm using it for a non-commercial project?"

doesn't matter, unless it was marked as freeware by the author it still retains copyright because in most places around the world today a copyright is automatically in existance for that work as soon as it was made. if you make an image, it is automatically copyrighted unles you state otherwise.
It also doesn't matter if your project it is being used for is freeware or not, its still copyright infringement.

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well the likeness of your image infringes on the copyright because its exactly the same, it doesn't matter who made it if they look the same, you can't name your compnay coca cola and sell pop by the same name because of the likeness.

I guessed as much, but I'm not using it to promote or brand my product, it's just a simple beautification used in a project of mine. I'm not claiming affiliation with/being anything or anyone, so I was hoping that would make it ok.

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You can however make cheap ripoffs that do look different but look similar to the original, but be careful as there is a very thin line between copying and similar likeness.

Ok, I'll cut to the chase. I recreated the compass from Zelda: Wind Waker for my 4e4 entry, since I'm also using the same style for the graphics (this should be ok, right?). Since the compass is interactive, I had to recreate it in different layers so I can actually move the compass arrow to point in the correct direction. I have the Paint Shop file with the layers right here.

Would this provide sufficient proof that it's a case of legal "similar likeness"?

well companies usually only care about charcter or texture or model likeness but not usually interface design, so i think you could get away with it. as far as this goes, "since I'm also using the same style for the graphics (this should be ok, right?)", well ofcourse! lol, i'm going to sue you because your game is cell-shaded and mine is too... game graphic styles can't be copyrighted, only the artwork involved.

Give credit to the copyright holders of Zelda and Zelda itself. I don't know much about 4e4 but as long as nothing is every going to be sold I highly doubt they'd sue over a demo. Now if you reproduced Zelda... :) I would personally go for it, if it was the only thing borrowed from Zelda.

well it is unlikely, but it doesn't make you unable to be sued, just keep that in mind.

Well, I think I'll just keep it in... maybe I'll add an extra option to "use alternative ugly compas" to be absolutely safe and hopefully for extra kudos points ;)

Thanks for your replies!

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Original post by Mike2343 Give credit to the copyright holders of Zelda and Zelda itself. I don't know much about 4e4 but as long as nothing is every going to be sold I highly doubt they'd sue over a demo. Now if you reproduced Zelda... :) I would personally go for it, if it was the only thing borrowed from Zelda.

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from 4e4 contest page By entering, the entrant represents and warrants that they have the right to grant GameDev.net the rights set forth above and hereby warrants that (1) the entry material is original and they are the sole author of and owner of all rights including copyrights to the entry and that the entry is not subject in whole or in part to claims of ownership of others or (2) the entry is subject, in whole or in part, to claims of ownership and copyright by others but that the entrant has the right to grant GameDev.net the rights set forth above.

As staff and mods around here point out time and time again, it doesn't matter that they probably won't notice and/or care, you still need permission. What you're talking about is a derivative work if I'm not mistaken, and is definately an infringement of copyright. You really should change the style of it somewhat to at least make it your own. That being said, I'm not judging the contest, so I don't know if anyone will pick it up if they're not told, or if they'll neccesarily care.

A gamasutra article on Myths and facts of copyrights.
Myths and Facts in Avoiding Copyright Infringement