Homebrew Nintendo copy right?

[Deboog]

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.

 

[RachelB]

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.

 

[DoJo_Master]

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.

thought so...

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.

noted!

 

[Drak0rex]

Your Gateway theme is outdated. Where's Slypher the Sky Dragon?

 

[GotKrypto76]

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?

 

[Hashtastrophe]

well its user submitted themes but its using copyrighted characters and stuff, like mario!

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.

 

[DoJo_Master]

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?

Yes please! Give me a pm if your interested!!!

Your Gateway theme is outdated. Where's Slypher the Sky Dragon?

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.

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.

deviant art goes under artistic license, because its an art form they can get away with anything! Have you ever heard of notstarbucks?

 

[Hashtastrophe]

deviant art goes under artistic license, because its an art form they can get away with anything! Have you ever heard of notstarbucks?

Going to assume sarcasm there. lol

 

[DoJo_Master]

Going to assume sarcasm there. lol

lol not star bucks is a real store, it uses the logo as an "art form" and bypass's the copyright https://www.google.ca/search?q=not+...DhoAS4rYDwCw&ved=0CAkQ_AUoAg&biw=1536&bih=764

 

[Hashtastrophe]

lol not star bucks is a real store, it uses the logo as an "art form" and bypass's the copyright https://www.google.ca/search?q=not starbucks&es_sm=122&source=lnms&tbm=isch&sa=X&ei=eOnNVJWxBNDhoAS4rYDwCw&ved=0CAkQ_AUoAg&biw=1536&bih=764

Am aware. I was saying that your response comes off sounding like sarcasm. Besides, creating new themes would count as an "art form" and if it doesn't, a third of (at least) DA's stuff is in violation of copyright law.

 

[DoJo_Master]

Am aware. I was saying that your response comes off sounding like sarcasm. Besides, creating new themes would count as an "art form" and if it doesn't, a third of (at least) DA's stuff is in violation of copyright law.

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

 

[Hashtastrophe]

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

All content uploaded to 3DSThemes.com is the responsibility of the uploader. All images, sounds, characters, names or logos are the property of their respective copyright holders and 3DSThemes.com makes no claims on the ownership, nor the copyright of any user submitted content unless otherwise stated. If you have a removal request please contact us!

 

[DoJo_Master]

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

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

 

[Hashtastrophe]

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.

 

[DoJo_Master]

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 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)

 

[gamesquest1]

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

 

[DoJo_Master]

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

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

 

[hippy dave]

Probably wouldn't hurt to get the words "fair use" in there somewhere.

 

[gamesquest1]

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,

 

[DoJo_Master]

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,

yea and if I get a claim, I can easily just remove that song!