Does FluxMedia own rights to our skins?

**justintime** · 07-28-2006, 10:46 PM

I thought I'd post this one publicly rather than just PM to David, because others might (and should) be interested in knowing the answer to this...

So, the question is simple:
-If I create a skin for CF, does FluxMedia reserve the rights to include the skin in their base product? (for free, for a price [skin pack?], or whatever).
-What about if I re-use elements from the base skin, such as button icons? Does Flux then own the rights to my skin?

**meddler** · 07-29-2006, 01:49 AM

IMO, If you made the skin, it's yours. Since they are making money from their software, and if they are using your skin you should be entitled to something. Even if it just an acknowledgement. If you are happy for them to use your skin for free then that is your decision. If you were making money off making a skin with their skin components then that might change things.

NOTE: This is my opinion. I am not sure what the legal ramifications would be on this.

**Enforcer** · 07-29-2006, 05:30 AM

**v8 scimitar** · 07-29-2006, 05:37 AM

depends I guess on what licence terms if any you put on your skin. If you dont have any then anybody can do what they want with it except claim it as their own but if they do there isnt a lot you can do about it. If you have it as freeware, open source same applies unless you state for non comercial use, then it cant be used to make money by anybody without paying whatever cost you state. The cost doesnt have to be money.

**P3rv3rt B3ar** · 07-29-2006, 03:58 PM

Id be more worried what rights mp3car claims to your work if u post it here...

EDIT: (and i mean posting directly, either files or screenshots... linking it here is obviously different story.)

**2k1Toaster** · 07-29-2006, 04:01 PM

Originally Posted by P3rv3rt B3ar

Id be more worried what rights mp3car claims to your work if u post it here...

If you don't hand over the rights to your skin, they take your soul.... j/k

**P3rv3rt B3ar** · 07-29-2006, 04:06 PM

Originally Posted by 2k1Toaster

If you don't hand over the rights to your skin, they take your soul.... j/k

Heres direct quote from forum rules:

MP3Car.com reserves the right to edit, reprint, distribute, or delete any posting for any reason and without prior notification or explanation to the author.

EDIT: So u shouldnt be surprised if nexus ends up to being distributed with $treetdick in near future...

**veetid** · 07-29-2006, 04:08 PM

We would never included someone elses work/skin in our application without getting permission...

If you design a custom skin then you own the rights to your own design work... It's just images and XML so the only thing to own is the design and if you did it, it's yours...

david

**justintime** · 07-29-2006, 06:42 PM

Fair enough. Just wanted to get that out in the clear. I have spent way too many (endless) hours with the skin. I don't mind people using it for free, but taking advantage of it for commercial purposes is another story.

I never did think Flux would do that. As for OTHERS, you never know!

**Draxx** · 09-03-2006, 04:35 AM

I might know some answers.

If you use a part of one persons work in your work then your work is a "derrivitive work" and depending on what % of the original work is included would be the basis of determining who actually owns the new work. I believe you are limited to 35% of an older work ... to retain ownership of a new derrived work.

Of course when in doubt always ask permission - its the legal good mannered thing to do... and most people will be happy to say yes. Imitation is the best form of flattery after all.

MP3car can redistribute any work that is posted here in its origional form. They have to include this in their agreement as .... technically when someone downloads something from here they are dong just that... redistributing.

However, their rule of redistribution traditionally implies self promotion .. and not a commercial derrivitive product and their disclaimer does not superceed any license agreement in any software program weather posted on their servers or not.... and it most certainly does not give them rites to any executable software code. They can't annex centrafuge into their own commercial product just because Centrafuge was uploaded to here.

So thats pretty much what I know of it but its late and I am not a lawyer so when in doubt ... ask one of those .. then ask another to confirm what the 1st one said! LOL