Lt. Commander
Join Date: Dec 2007
Posts: 120
They just cant "look like" the Kirk and Picard from the shows?
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 2
03-22-2011, 09:44 AM
I think thats how it works. The characters themselves belong to CBS or Paramount, but their actual likenesses belong to the actors (obviously).

Considering you can't change characters that much in the foundry anyways, I don't think its much of an issue. The hard part is explaining why the characters don't look the way they should...
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 3
03-22-2011, 10:53 AM
Quote:
Originally Posted by SBCouto View Post
I think thats how it works. The characters themselves belong to CBS or Paramount, but their actual likenesses belong to the actors (obviously).

Considering you can't change characters that much in the foundry anyways, I don't think its much of an issue. The hard part is explaining why the characters don't look the way they should...
So the question is how close is too close? We obviously cant do much customizing of the face in the current Foundry, so are these acceptable depictions of Kirk, Spock, and Bones without violating actor likenesses?

http://i525.photobucket.com/albums/c...s/closeups.jpg

http://i525.photobucket.com/albums/c...s/fullview.jpg

It should be noted that all 3 of those NPCs have the exact same face, just different eyebrows and hairstyles(and ears for Spock).
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 4
03-22-2011, 11:27 AM
Personally I would say no, especially since they all have the same face.
I wonder who would make the official call on it- Cryptic, CBS, or the actors themselves?

I think the only concequence would be that you would have to change the face more, yes, or that the mission would be taken off until changes were made.

It is a good question to have an official Cryptic staff member answer!
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 5
03-22-2011, 11:29 AM
Quote:
Originally Posted by SBCouto View Post
Personally I would say no, especially since they all have the same face.
I wonder who would make the official call on it- Cryptic, CBS, or the actors themselves?

I think the only concequence would be that you would have to change the face more, yes, or that the mission would be taken off until changes were made.

It is a good question to have an official Cryptic staff member answer!
Just to be clear, what are you saying "no" to?
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 6
03-22-2011, 11:33 AM
I'm saying 'no' to the fact that they look too much like the original actors. I thought Spock was probably the closest, but that's probably because of the ears. On th eother hand, they are close enough that you'd know who it was meant to be. Huh, it'll be a close decision I think in the end...
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 7
03-22-2011, 11:35 AM
Quote:
Originally Posted by SBCouto View Post
I'm saying 'no' to the fact that they look too much like the original actors. I thought Spock was probably the closest, but that's probably because of the ears. On th eother hand, they are close enough that you'd know who it was meant to be. Huh, it'll be a close decision I think in the end...
Gotcha. Yes, it would be nice to have a Dev respond to this, especially before the Foundry goes live and people who dont bother with the EULA start making a ton of missions like this :p
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 8
03-22-2011, 12:47 PM
My interpretation based on the one comment we got from Stormshade is that it cannot be an attempt to resemble an actor. So it has to actively NOT look like them. Being kinda close or no adjusted sliders, doesn't make it acceptable.

Depicting Q as a Targ or an Orion female is okay. Depicting him as a white, brunette male isn't.

Depicting Geordi as an African American male? Not okay. Depicting him mutated into a blue skinned Bolian? Fine.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 9
03-22-2011, 12:55 PM
My big example is the comics by Peter pan where they only had publicity rights for Shatner, Nimoy, and Kelley. They used Sulu and Uhura but made Sulu an African science officer and Uhura a blond white woman.

Basically, it can look nothing like the actor if you're going to do it safely. Realistically, at the last, it can't look confusingly like the actor. I'd say, take Picard. If it's bald, white, and past middle age, it's probably too close. You might have some leeway to make a young Picard but tom Hardy played him as a cadet, Marcus Nash played him as an ensign and Patrick Stewart played him at age 45 or so. So you have to actively avoid looking like any of them.

Realistically, if you push towards likenesses, even without sliders, Cryptic will have to say no and outlaw including the characters AT ALL. If players can work with gimmicks to keep the character's face from view, keep it mutated into a wildly different form, etc., Cryptic can keep the policy as it's stated, which is that you can use names but not likenesses that attempt to resemble existing portrayals of those characters by actors.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 10
03-22-2011, 02:18 PM
So, I am still confused.

In ST XI the cast is chosen very the same as the original TOS cast. Kirk, shiny hansome caucasian darkblonde male; Spock, slender, bigger nose brunette caucasian guy; and finally Bones...hell, you have to look twice to recognise Carl Urban and not Deforest Kelly, he ist as perfekt as he could be. WTH? Those guys were especially chose to look like the original crew. Did JJ Abrams get the rights from the previos actors to cast the second generation? I don't think so.

The part with the comics is another one. I rather think there was a complication between the rightsholder (CBS/Paramount), the actors and the comic publisher. Somewhere at the rightsholders side there was a "ney" to the comic project and the publisher had no other choice to alter some of the characters.

The question here for the Foundry is:
Are the Foundry projects and their stories classified as fanfiction, or do Cryptic sponsor the project, is thatfore automatically the owner of the projects and has to stand for any ownership infraction instead of the users who generated the projects?

This question is very important for the Foundry authors. By having a clear answer we would know how far we might be allowed to get. Maybe The.Grand.Nagus's toons won't be an infraction at all, still showing recognizable characters. Maybe showing the subspecies (caucasian, asian, black, haircut/-colour, etc.) would be already to much.
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