Example unit graphics from our mod

[DominionsFan]

I just wanted to show you lads an example, that the graphics quality of the units in the TC mod will be very good. This is an Orcish national summon, a half-troll. [Well it won't be added until there will be researchable national summons, because an unit like this from start would be a bit imbalanced. This unit should require conjuration level 5 to summon for the Orcs.] No attack sprite yet, and no shadows, also the basic image will be changed a bit more later on. Right now I am making the basic sprites without attack animations, and gfx fixing will also happen later on.

[Endoperez]

You're setting awfully high standard there... That might be too big, though.

[B0rsuk]

You can expect Wizards Of The Coast to get angry once they realize you used their stuff.

[DominionsFan]

B0rsuk said:
You can expect Wizards Of The Coast to get angry once they realize you used their stuff.

Not really, this is a photoshopped miniature. It isn't illegal to take a photo about a miniature and use it up when you want. [or use an existing photo about a figure]There are countless sites on the net with painted miniature figures.

[Leif_-]

DominionsFan said:
It isn't illegal to take a photo about a miniature and use it up when you want.

Actually, it can be. INAL, but while most of the cases where people publish photos of miniatures no doubt fall under the aegis of fair use, your use of them might very well be deemed a derivative work and thus a violation of copyright.

[or use an existing photo of a figure]

That is actually even less clear, as not only are you still dealing with all the copyright issues vis the manufacturer of the miniature, you're now also dealing with the copyright of the photographer. You might even have a case where use of the miniature does not violate copyright but the use of the particular photo does.

[DominionsFan]

Leif, please take a look at the Civ 3. units. Huge number of those used up miniatures as models, and their photos also for civilopedia entries.
I haven't read any restrictions about using up these photos, and I've checked it everywhere, trust me.

[Leif_-]

DominionsFan said:
Leif, please take a look at the Civ 3. units. Huge number of those used up miniatures as models, and their photos also for civilopedia entries.

Did you consider the possibility that Firaxis paid for the use of the miniatures' likeness?

[DominionsFan]

Leif_- said:

Did you consider the possibility that Firaxis paid for the use of the miniatures' likeness?

Eh no. All of those units were made by players, Firaxis has nothing to do with it.
Like I said, I checked out these things before I decided to use miniature photos, there isn't any copyright rules for it. If you want, you can check it out also.

If you think a bit, this question isn't making any sense at all.
You can buy miniatures, paint them, and share the photo about them anytime. It is always worked like this.

[Leif_-]

DominionsFan said:
Eh no. All of those units were made by players, Firaxis has nothing to do with it.

Oh, you were referring to player-made mods for Civ 3. Well, then the case is the same as for your Dominions 3 mod: they're probably in violation of copyright. Just because they haven't been taken to court for it doesn't mean that they're legal.

Like I said, I checked out these things before I decided to use miniature photos, there isn't any copyright rules for it. If you want, you can check it out also.

Miniatures and photos of miniatures are covered by the same copyright laws as everything else, and copyright law is reknown for being finicky and specialised. As I said earlier, I am not a lawyer, but my lay man's opinion is that your use of the miniatures does not fall under the aegis of fair use and is a copyright violation.

If you think a bit, this quetion isn't making any sense at all.
You can buy miniatures, paint them, and share the photo about them anytime. It is always worked like this.

There is a difference between sharing a photo of a miniature you've painted and using the miniature as basis for the graphics in a computer game. The first will almost always be fair use and can not really be said to be a derivate work, while the latter might not be fair use and might very well be considered as a derivative work.

[DominionsFan]

Well Leif if you think so, please show me some official words about it. You won't be able to, because there isn't any.
You are also wrong in a point. If Illwinter would use up the photos about miniatures, that might be wrong. [I'm not sure about it at all] However modders never make any profit from adding miniature photos to various game mods. That is not illegal. Like I said, there are countless examples, that miniature photos were used up in player made mods for various games, and no one had any problems with it ever.
Secondly, many experienced photoshoppers could draw an unit like this about a miniature, it would just take much more time then using up an existing photo. I could do it even. What would you say then? Illegal?
Anyways there is no point to argue over this, since this is certainly not illegal, trust me.