Sure, but I'm talking about consumer products, not services. Services can be self-regulated via an industry ombudsman. Products not so much.
Is this a local juice?
- Thread starter Feliks Karp
- Start date
Product packaging directly relates to consumer products, and packaging is advertising in its most basic sense.
I'm just here here to soak up knowledge... Basically I'm a sponge.
So was the ban on cigarette advertising in SA an initiative of ASASA or was it regulated by an Act of Parliament? In the US, vape advertising may not make any claims about vaping as a smoking cessation aid, nor may it make any health claims about vaping v smoking. These regulations are enforced by the FDA, it is not a self-regulation decision by either the advertising or vaping industries.
Okay. so I did my research on the juice discussed here and came in contact with the creator. The original designer is from Deviant Art who painted the image with brushed, stroke lines and pen-tooling. It was gifted to dota2wallpapers to be used with their own filter on top. Phantom, (the juice line in question) bought permission with a licensing fee from the designer as it worked out cheaper than a hired graphic designer.
So, I for once would like to state that Phantom went through all the right channels and procedures. As a graphic designer myself, I am also not supporting copying or piracy but as long as all the right procedures were followed, which its was, certain artwork can be used as long as the designer or company get compensation, which was done.
So, I for once would like to state that Phantom went through all the right channels and procedures. As a graphic designer myself, I am also not supporting copying or piracy but as long as all the right procedures were followed, which its was, certain artwork can be used as long as the designer or company get compensation, which was done.
You can't "licence" IP for commercial purposes that doesn't belong to you even fan art. I can't go draw mickey mouse and make t-shirts, disney will have my balls on a fire in two seconds.
So if I'm understanding it correctly, the artist created the work and gave it to a wallpapers site. The juice maker contacted the artist and paid him to use his artwork. The unanswered question is whether Valve allowed the artist to use their game artwork, or to act as an agent to sell it on to third parties.
On a somewhat related note, I once interviewed an EA representative who told me about the time that they approached Bernie Ecclestone with a view to buying the F1 licence to use exclusively with EA racing sims. EA came in all gaming-heavy-hitters-ish and said to Bernie "Give us a figure, how much?" And Bernie just smiled and said "There is not enough money in all the banks in all the world..."
On a somewhat related note, I once interviewed an EA representative who told me about the time that they approached Bernie Ecclestone with a view to buying the F1 licence to use exclusively with EA racing sims. EA came in all gaming-heavy-hitters-ish and said to Bernie "Give us a figure, how much?" And Bernie just smiled and said "There is not enough money in all the banks in all the world..."
Unless he is the original creator of the image, ie, the one that Dota used. Although highly doubtful, it is possible that Dota also bought the rights to the image from the same dude.
Your point holds valid though. Copy an paste, printing, tracing, drawing from memory are all still valid copyright infringements and unless the fan art is the point of origin, the guy who drew the fan art cannot give permission to use it or get paid for it, that will go into the realm of fraud, unless, of course, the fan art is the original image that Dota sourced.
In what form are you qualified to state that Phantom went through all the right channels.
I see you typed a reply in this thread, and your reputation counts for something - but without a copy of correspondence, certificates of authenticity ("pinch of salt") or something other than a simple forum post.
I love Dota2, I loved Dota1 - proof of your investigations, or I remain SALTY AF
Formal permission was given to use the character as it promotes along their customer base who recognises where it initiates from, along with credits in Phantom's company information, which is established in memory of Phantom assassin which will be on the website once live.
Noted dude,
you missed my point entirely.
PS - i know the guy that made dota, so trust me.
Wait ,ok , so you're now saying valve gave permission for PA to be used on a vape juice label?
So who is the mystery creator then? I would like to contact him myself for all this authenticity.
Igno already did the research dude - dont you read?
I will get permission to supply contact details and PM you @Feliks Karp , in the meanwhile, let's give this creator the benefit of the doubt instead of bashing a local vendor.
Here is the image as used by VALVE (certainly not fan-art) scroll down a page.
http://www.dota2.com/oracle/day2
It could have been fan-art originally, that was my point, and Valve either bought or got permission. Again highly unlikely. It could also be case of the creator on DevArt giving permission he is not allowed to, or this whole thing is actually legit.
Well if it is legit, then I will moan that it is in poor taste to use video games / HYPE to sell an eliquid.
What do we get next?
LEGO Eliquids? Pokemon Eliquids - Oh, wait. scratch the last one, that went viral already.
(PS if you do not know who Phantom Assassin / PA is, you are probably older OR blindly stuck playing something like League of Legends)
What do we get next?
LEGO Eliquids? Pokemon Eliquids - Oh, wait. scratch the last one, that went viral already.
(PS if you do not know who Phantom Assassin / PA is, you are probably older OR blindly stuck playing something like League of Legends)
I haven't had time for Dota since Gizmo posted the Snake game. I wonder if there is a multiplayer version?
Sorry I meant to reply to another post but yes EXTREMELY unlikely since valve have a submission system for in game stuff via steam workshop, even then it becomes partly owned by valve. They hire a specific art team to keep anything else in line with their art style. The image in question was used for the launch of an in-game item that changes the default model's appearance, there would be no fan-art of something that had yet to exist. Most countries allow for fair use when something is derivative enough or used for satire/comedy, it's how people like threadless and other various print on demand shops get away with things.
YOU CAN NOT LEGALLY SELL OR LICENCE IMAGES OF IP TO WHICH YOU DO NOT OWN THE RIGHTS TO DO SO, fan art or otherwise, they usually let people sell once-offs etc because policing it would be alot more work than it is worth, but licensing some one to produce commercial products with an image of a character you do not own is completely illegal.
Besides the fact that this isnt fan-art, even if it was is completely irrelevant, you cant sell it, and it is up to the owner of a business to make sure of this either way.
If valve had licensed this, it would have blown up all over things like reddit long before here.
Yep, I agree 100% with you.
@Feliks Karp
Plus, we don't have fair use provisions in SA copyright law, only fair dealing (which is far narrower and this piece would not qualify).
I'm calling BS on the whole licensing thing too.
Plus, we don't have fair use provisions in SA copyright law, only fair dealing (which is far narrower and this piece would not qualify).
I'm calling BS on the whole licensing thing too.
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