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You are think of common law practices when you talk about common courtesy. And, yes common courtesy have become laws, but it has not in this instance. If it does, then we all will come across that bridge when we need to. Personally with the popularity of the BG games, and the coming NWN (which will use similar portrait dynamics as BG if I remember right) personalizing characters through portraits, soundsets, scripting, and so forth we as gamers and webmasters should continue working out the problems with these issues. Think about this, would you want to be called, e-mailed, icqed 24-7 by gamers who want to use your artwork. I think that would be more annoying than anything else!
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