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-   -   Is it OK to use the image of a 21-year-old Scotty? (http://sto-forum.perfectworld.com/showthread.php?t=580591)

kirksplat 03-10-2013 05:05 PM

Is it OK to use the image of a 21-year-old Scotty?
 
Memory Alpha says:

Montgomery Scott joined Starfleet and began his engineering career in 2241.

In 2265, Scott was assigned to the USS Enterprise

---

I want to create a TOS holonovel in which the player plays the character of a young Scotty, when he was a Lt. assigned to Drozana Station (or something like that). I'd like to have an image of the 21 year-old Scotty, narrating his logs (which were used to make the holo-novel).

Is that OK? It would resemble the character, as far as simply being a young TOS engineer with brown hair, brown eyes, etc. But, it would be a younger version of the actor that appeared in TOS.

ashtaku 03-10-2013 05:29 PM

Quote:

Originally Posted by kirksplat (Post 8526811)
Memory Alpha says:

Montgomery Scott joined Starfleet and began his engineering career in 2241.

In 2265, Scott was assigned to the USS Enterprise

---

I want to create TOS holonovel in which the player plays the character of a young Scotty, when he was a Lt. assigned to Drozana Station (or something like that). I'd like to have an image of the 21 year-old Scotty, narrating his logs (which were used to make the holo-novel).

Is that OK? It would resemble the character, as far as simply being a young TOS engineer with brown hair, brown eyes, etc. But, it would be a younger version of the actor that appeared in TOS.

While I'm not a lawyer by any means, generally it comes down to whether or not you are portraying either:

A) The likeness of the actor, or
B) A combination of factors that would lead an audience to associate your portrayal with the actor (as opposed to the character)

So... if your young Scotty has a strong resemblance to James Doohan or Simon Pegg, that's a terms of use violation. If some other aspect of the character's portrayal would lead a third party to associate your character with James Doohan or Simon Pegg (i.e. if you showed your character model, animation choices, and dialogue bits without any references to "Scotty" or "Montgomery Scott," would they still say "hey, that's James Doohan/Simon Pegg!"), same thing.

If in doubt, you might want to reach out to BranFlakes or one of the Foundry devs who frequests the forums for guidance.

lincolninspace 03-10-2013 05:57 PM

Im a gamer not a Lawyer Jim. But I think the beauty in your idea is that Mr. Scott never appears on screen at that age so he could have had very different fashion sensebilities such as wearing a full beard or having a different haircut. There are a number of different things that you could do to differentiate him from the actor. A different eye color may helptoo and few players would notice the difference.

drogyn1701 03-10-2013 08:50 PM

You know, this whole canon character business would be a lot easier if we had some kind of helmeted costume available to obscure faces... just sayin.

ashtaku 03-10-2013 09:20 PM

Quote:

Originally Posted by drogyn1701 (Post 8528681)
You know, this whole canon character business would be a lot easier if we had some kind of helmeted costume available to obscure faces... just sayin.

The hooks for the EV suits are in the Foundry costume menu structure already... hopefully sometime soon the Devs will:

A) attach the model data to the following hooks in the Foundry costume editor:
  • Head\Category\Helmet - EV Suit - Neutral
  • Head\Head Attach Tech\NPC - EV Suit Neutral Glass (if they really love us)
  • Upper Body\Category\EV Suit - Neutral
  • Upper Body\Upper\Evsuit_Neutral
  • Lower Body\Category\EV Suit - Neutral
  • Lower Body\Lower\Evsuit_Neutral
and;
B) unlock the EV Suit - Neutral categories for each body section so we can assign those costumes without using the import workaround

This would not only allow us to do the "Patrick Stewart in a space suit" work around to the whole 'actor's likeness' issue, but it would also give us a really important storytelling prop -- NPCs in EV suits.

maxvitor 03-11-2013 12:51 AM

Since male characters seem to be some version of Jeffrey Combes in makeup, I think it won't really matter, I don't think you can actually make a Doohan lookalike using current character options, the character in "Night of the Comet" certainly doesn't look like Scotty. I don't think it would be a violation of TOS if you are not intending to make a profit from your story, it would be just another fan fiction created to entertain using the tools provided by the foundry system.

captainrevo1 03-11-2013 03:03 AM

no you cant use it. You cant use the likeness of an actor unless heavily disguised by makeup. minor changes in their look based on time is not a loophole for this.

castsbugc 03-11-2013 07:26 AM

I have to sit in the camp of actor likeness is likeness, regardless of age.

Quote:

The hooks for the EV suits are in the Foundry costume menu structure already... hopefully sometime soon the Devs will:
Are you saying this because they exist in the structure of the imported costume data?

lincolninspace 03-11-2013 08:12 AM

Quote:

Originally Posted by captainrevo1 (Post 8530871)
no you cant use it. You cant use the likeness of an actor unless heavily disguised by makeup. minor changes in their look based on time is not a loophole for this.

That would be the truth. Just because you do not profit from your mission is not a reason, Cryptic profits from the foundry.

lincolninspace 03-11-2013 08:15 AM

Im wondering if just using one of the stock TOS npcs would be a workaround for this. If he has brown hair he still isnt a Doohan lookalike.


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