?
  1. YES, absolutely!

    46.3%
  2. Well... if you do the following you can bypass this

    19.5%
  3. NO, they have no rights todo so!

    34.1%
  1. Deboog

    Deboog GBAtemp Advanced Fan
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    Don't those Mario and Luigi themes have the bottom screens the same as the official Nintendo ones? I don't think you can host that.
     
  2. RachelB

    RachelB GBAtemp Regular
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    Some of these themes are definitely using copyrighted art. If any company contacts you and requests that you remove specific themes, be sure that you do so, and you'll be fine. You may wish to be more proactive, to avoid trouble, but legally you do not have to do anything unless they ask, as far as i know, according to rules in the dmca, which, as was mentioned, provides certain protections for sites like this. I am not a lawyer though, and if you wish to be sure of your responsibilities, you should talk to one.
     
  3. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    thought so...
    noted!
     
  4. Drak0rex

    Drak0rex GBAtemp Addict
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    Your Gateway theme is outdated. Where's Slypher the Sky Dragon?
     
  5. GotKrypto76

    GotKrypto76 That one PHP guy.
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    First off, I think you'll be fine, and sorry for being so late to the topic. Secondly, very glad someone else took this idea up! I had began making a site like this a while ago, and had some PHP/MySQL done, but no domain or custom template. Are you guys in need of any other staff?
     
  6. Hashtastrophe

    Hashtastrophe Wizard
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    If that kind of stuff were grounds for a C&D then DeviantArt would be looooooooooonnnnnnggg gone.
    ---
    I should probably mention that I'm referring to original works depicting copyrighted characters and whatnot, not blatantly reusing art assets for "new" themes.
     
  7. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    Yes please! Give me a pm if your interested!!!
    very busy I dont have allot of time to update the website but I try nightly, it should be up to date now... didnt get any more subs as of now.
    deviant art goes under artistic license, because its an art form they can get away with anything! Have you ever heard of notstarbucks?
     
  8. Hashtastrophe

    Hashtastrophe Wizard
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    Going to assume sarcasm there. lol
     
  9. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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  10. Hashtastrophe

    Hashtastrophe Wizard
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  11. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I guess it would!, do you know what I could say on the site regarding telling people that its an art form lol, check my current footer as thats what I have... i got no clue if I should modifiy now or not
     
  12. Hashtastrophe

    Hashtastrophe Wizard
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    This better? (I fixed some grammatical errors and added some things commonly found in copyright footer text)

     
  13. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    Thanks man, im not so good with spelling as you can tell. Should I reference that its an art form? I think its good like that but I donno
     
  14. Hashtastrophe

    Hashtastrophe Wizard
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    Edited the disclaimer text slightly. As for the art form thing? I dunno. Pretty sure it's implied but if you want to, then sure.

    I mean, worst case is a cease and desist letter. Then you just remove the offending material and move on.

    Slightly Offtopic: I really should stop being a lazy arse and make some themes for people to use.
     
  15. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I think its good as is! Hey if you want to be apart of our small team PM me, we could use someone helpful! (going to sleep now)
     
  16. gamesquest1

    gamesquest1 Nabnut
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    You should be good with just the disclaimer, couldn't really imagine you will get much attention from nintendo over images, but possibly music busy bodies (if anyone uploads themes with like proper music) they like hunting people down over minor things, but still they should just request a removal rather than go for any official action, if you get any submissions from people with artists under big labels, maybe best not to have the mp3 sample preview available

    But again, you would likely get takedown requests if anything, just do what your doing until anything happens, then you can re-evaluate
     
  17. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    I agree, ill keep it slow and steady.. I think what I have as a footer now is fine and if any removeal requests come in ill be sure to fix the site..... the music preview on the other hand, gota deal with that :L
     
  18. hippy dave

    hippy dave BBMB
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    Probably wouldn't hurt to get the words "fair use" in there somewhere.
     
  19. gamesquest1

    gamesquest1 Nabnut
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    Yeah I think the mp3 preview is a cool feature, as long as people don't start uploading entire albums bundled with themes, I doubt you will have any issues,
     
  20. DoJo_Master

    OP DoJo_Master GBAtemp Advanced Fan
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    yea and if I get a claim, I can easily just remove that song!
     
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