Was thinking of adding an avatar (random image I like off a search) and got to wondering this.
I think it’s fine if you’re not claiming it is yours. And most people assume that any generic/immediately recognizable avatar is just an image off the internet that the user just likes.
Though there’s maybe a weird grey area where if you use artwork from someone that isn’t like… a super established artist (hard line to draw) it’s kind of iffy. I wouldn’t feel right using someone’s drawing off Instagram. But plenty of people use anime avatars from manga etc. and I don’t see an issue.
Not the most important topic in the world but I thought it was fun to think about.
Fair use bud
Doubtful.
Technically illegal yes, practically I don’t think most people would care. As an artist I’d be stoked to see someone using my work as a pfp. It doesn’t generate revenue, it’s too small to be exploited in any other meaningful way, so it’s just a small statement of personality.
Technically illegal unless you are given permission. I don’t think It would not fall under fair use. (Depends on where you live)
Don’t think even a nintendo lawyer would care.
It isn’t diverting money from the creator in any way, so even if it was technically not fair use, it’d be unlikely for anything to come of it.
We must protect this one!
As long as you arent using it to make a profit or actively trying to harm the brand associated to the image, you’ll be right.
If you use art from a less known artist, just say who the artit is in your bio.
Copyright is theft from the public domain. Go and be free, emo spiderman
Copyright is theft from the public domain.
You’re not actually entitled to the things that other people make, or the time, money, labor and mental energy that they use to make them.
At any rate, this would certainly fall under fair use in most circumstances.
It wouldn’t be fair use at all.
https://fairuse.stanford.edu/overview/fair-use/four-factors/
I think it would, based on the fact that in most cases the purpose of the use is trivial and the market effect is negligible.
Many artists post low-res versions of their work online, and charge for the hi-res ones. They know that the publicly available versions might be used for all sorts of purposes.
Another important distinction is that you aren’t profiting off a mere avatar. Profiting off of someone else’s work without permission is a big no no.
I don’t even remember where my avatar came from.
Your avatar is cool and pretty tho, so at least I think you have good taste!
Yours makes me hungry!
Like I said, you have good taste xD
Personally I think it’s okay so long as you give proper credit somewhere to the original artist, and are willing to stop if they ask you to.
Yeah as long as there’s no money involved. Like if Mr. Beast was using someones artwork as his profile pic without [citation?], that’d be shitty and there likely would be legal action; however, if it was his personal use account that no one knows about and isn’t monetized, there’s no issue.
Just tell us who it is that created it ig… or don’t. ¯\_(ツ)_/¯
Technically speaking, it is illegal to even save images you find online to your PC.
However, because that billions of people do it, it is not enforced much less, not even talked about.
At least in Murican law I’m pretty sure any use of any image that’s not public domain could technically be flagged.
Ignoring the legal, morally and just generically, t’s good know the origin if you use it routinely. If nothing else someone might ask if they think it looks good. I’m kind of a pic/meme hoarder that wouldn’t be able to tell you where the specific origin of most are though.
It’s almost certainly “fair use”, in terms of the American copyright, as what you use as an avatar has absolutely no market impact on the original work.
Ethically speaking I don’t see a problem with it unless you try to pass it off as your own work, do it against the wishes or the original creator, represent that work in a bad light, etc.
Fair use requires you to analyze or comment on the work or transform the original work in some way, non-commercial use isn’t enough on its own.
The real reason it’s “ok” is that it’s unlikely the owner would be able to prove damages from someone using their image as an avatar so it’s not worth taking anyone to court over it because all they would get is the judge ordering them to stop and a C&D is cheaper if the owner really cares about stopping you.
I do. I don’t care.
IANAL … but if you do use it, copy it to your own server so all those accesses don’t suck up the bandwidth of the person you copied it from.
If it’s owned by a corporation, then fair use and/or non-commercial use may come into play, depending on local legislation. Basically, use it until you get told to stop. It’s effectively free advertising until they take exception to you.
For a smaller creator, they’re usually more receptive (and responsive) than a corporation, so consider asking permission.
You could go full Weird Al and ask permission of a corporation if you’re that way out. But they’re more likely to not respond or say no if they have no idea who you are.
Of course, a thing to watch out for is the unlikely occurrence of becoming famous while using that avatar. It can’t be your brand because it’s someone else’s.
So, you might consider pulling a Ray Parker Jr. and (commission someone to) make something that’s almost but not entirely unlike the artwork you’re trying to use. That said, RPJ did get sued anyway. Maybe take it a couple more notches off similarity.
… oh and try to avoid using AI to clone something.
