Question

[trueliesaa]

I just wanted to know if you are allowed to use art that is not your own as your avatar, or is that considered ripping other artists... I found a really cool picture on deviantart that I want to use, but I don't know if I can.
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[IndagoFeather]

I think this should have gone in the help forum not art.

I've seen tons of people using artwork from other artists. I've done it myself but I gave credit to the artist in my sig just to be safe. It's perfectly fine.
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[Fayore]

Always best to avoid using others' art. If you really must use it, make sure you ask them for [b]written permission[/b] first.
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[LunaticCrow]

ONLINE FANARTISTS PROTECTION OFUK

I personally don't see a problem if it's scanned from a Doujinshi or something. If it's like say..another person's picture from this site, yeah get permission and credit. :x
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[SpasticPenguine]

I mean, I suppose for saftey you should get credit and what-not, but using it as an avatar hardly claims it as your own. The majority of the avatars on this website aren't the user's artwork and no one has ever had problems in the past.

[Touzoku-joou]

I only use my own art or official images from my fandoms (like my current is a manga scan). But I'd ask permission and give credit if using the art of someone online.
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[fallenangel]

[quote]I mean, I suppose for saftey you should get credit and what-not, but using it as an avatar hardly claims it as your own. The majority of the avatars on this website aren't the user's artwork and no one has ever had problems in the past.[/quote]

It's not about claiming it as your own, it's that the artwork is their property, and they may not want to see it used as avatars or butchered into crappy sig banners and LJ layouts. And that's their right.

Reproducing the image in any way is technically publishing and against copyright, so it's not even just an etiquette thing...
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"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Touzoku-joou]

I've seen people on random YGO forums use my art as avatars, and it made me feel sad, and I requested they gave me credit.

Funnier still, someone actually used a personal avatar I made for myself with the kanji "Joou" slapped on it. 8D Retard. I think they thought it meant Bakura or something, because that was the character in the av. :B
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[Brianhjh]

all fanarts are technically a copyright violation, all of it.


but since it promotes the artists' intent and most artists themselves learned by drawing other characters themselves, they don't go into sue-mode when they see fanarts being drawn and published on the internet for free.

But when people start making money out of their characters... that's a different story.


So go ahead, the original artist wouldn't mind, and the chance of them finding out is slim to none.
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[Fayore]

[quote="Brianhjh (Moon Ki)"] So go ahead, the original artist wouldn't mind, and the chance of them finding out is slim to none. [/quote]
I find it funny you made that statement right after what Joou said.
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[Brianhjh]

oh, Joou slipped in. :mellow:


I personally wouldn't mind, then again, I seldom draw fanart, so I've never had that happen.
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[img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk

[fallenangel]

[quote] all fanarts are technically a copyright violation, all of it.[/quote]

Wrong. They're a trademark violation. Unless the person is rendering an official image without any changes.

The artists DO find out all the time. The internet is smaller than one thinks, especially among fandoms. And if you wouldn't mind, then you could happily tell someone that if they asked to use one of your pictures as an avatar. The point is to ask.
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"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[Stratadrake]

[quote]all fanarts are technically a copyright violation, all of it.[/quote]
No, that [i]is[/i] generally true.

Trademark:
- "mark of trade" - identifies the owner or creator of something
- To protect against others using the same trademark to identify themselves

Copyright:
- "right to copy"
- To protect against others duplicating the creator's idea themselves

[b]QUOTE[/b] (Wikipedia / Copyright infringement)
Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because [b]copyright protection is not limited to exact copying.[/b][/quote] [b]QUOTE[/b] (Wikipedia / Copyright) For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon [b]or creating derivative works which copy or mimic Disney's particular anthropomorphic mouse[/b], but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be imitative of the original.[/quote] _________________ Strata here: [url=http://www.nanowrimo.org/eng/user/242293]Nanowrimo[/url] - [url=www.fanart-central.net/user-Stratadrake.php]FAC[/url] - [url=http://stratadrake.deviantart.com]dA[/url] - [url=www.furaffinity.net/user/Stratadrake/]FA[/url] [size=9]Disclaimer: Posts may contain URLs. Click [url=http://tvtropes.org/pmwiki/pmwiki.php/Main/TVTropesWillRuinYourLife]at your own risk.[/url][/size]
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Brianhjh   Joined: 25 Sep 2004 Posts: 8014 Location: Queen's University	Posted: Wed May 17, 2006 6:21 pm    Post subject: Both Trademark and Copyright belongs to "Theft of intellectual property", which is actually pretty specific, so we're arguing over definitions, lol. _________________ [img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk
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Fayore Moderator Joined: 12 Mar 2004 Posts: 6195	Posted: Wed May 17, 2006 6:34 pm    Post subject: Why is there even a discussion over those terms? The point is, just ASK the artist if you can use their art. The worst that'll happen is that they'll say, "No," which is too bad, but who cares? Just find something else to use as your avatar. :\ _________________ [url=http://vdexproject.net/user.php?user=15636][img]http://vdexproject.net/p/15636/trainer.png[/img] [img]http://vdexproject.net/p/15636/partymini.png[/img][/url]
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fallenangel Site Admin Joined: 31 Dec 1969 Posts: 9216 Location: Los Angeles	Posted: Wed May 17, 2006 8:41 pm    Post subject: It's trademark. Period. Mickey Mouse is a trademarked character belonging to Disney. When Disney sues people for using Disney characters, as they often do whether money was made or not, it's for using a character that Disney uses to identify themselves. Not that "omg teh artist ownz that", it's that Mickey and Donald and Pooh are strictly the Disney identity. Yes, copyright can be involved, but it's the trademark that is the big deal. Mostly because it costs so much more money and takes so much more effort. Say, for example, someone drew bugs bunny. Copyright only costs $30 to register on a picture, big deal. But Bugs Bunny is trademarked to warner bros., so when someone else draws him, that's using their identity and associating the company with something they're not involved in. That's where fanart is a problem, not with artistic integrity or crediting the artist. Pure business. The copyright involved is minor until you get into independent artists who don't have trademarked identities, just images. Fanart of ursula vernon's Digger or something. _________________ "I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall
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trueliesaa Forum Scalleywag Joined: 24 Oct 2005 Posts: 984	Posted: Fri May 19, 2006 6:04 am    Post subject: I just figured something out that in a way probably voids this whole conversation... for some reason, it is impossible to take pictures off of Deviantart. If you highlight them and hit copy and try to paste them there's nothing there... also if you hit "save picture" it comes up blank.
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trueliesaa Forum Scalleywag Joined: 24 Oct 2005 Posts: 984	Posted: Fri May 19, 2006 6:05 am    Post subject: I just figured something out that in a way probably voids this whole conversation... for some reason, it is impossible to take pictures off of Deviantart. If you highlight them and hit copy and try to paste them there's nothing there... also if you hit "save picture" it comes up blank.
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Fayore Moderator Joined: 12 Mar 2004 Posts: 6195	Posted: Fri May 19, 2006 6:22 am    Post subject: Uh, no. I've saved images I really liked off dA before. And even if what you're saying is true, prntscrn. :\
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[Brianhjh]

Both Trademark and Copyright belongs to "Theft of intellectual property", which is actually pretty specific, so we're arguing over definitions, lol.
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[img]http://img.photobucket.com/albums/v233/Brianhjh/emesprani151.gif[/img] "Sarah's future makes me sad." - Benk

[Fayore]

Why is there even a discussion over those terms?

The point is, just ASK the artist if you can use their art. The worst that'll happen is that they'll say, "No," which is too bad, but who cares? Just find something else to use as your avatar. :\
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[fallenangel]

It's trademark. Period. Mickey Mouse is a trademarked character belonging to Disney. When Disney sues people for using Disney characters, as they often do whether money was made or not, it's for using a character that Disney uses to identify themselves. Not that "omg teh artist ownz that", it's that Mickey and Donald and Pooh are strictly the Disney identity.

Yes, copyright can be involved, but it's the trademark that is the big deal. Mostly because it costs so much more money and takes so much more effort. Say, for example, someone drew bugs bunny. Copyright only costs $30 to register on a picture, big deal. But Bugs Bunny is trademarked to warner bros., so when someone else draws him, that's using their identity and associating the company with something they're not involved in. That's where fanart is a problem, not with artistic integrity or crediting the artist. Pure business.

The copyright involved is minor until you get into independent artists who don't have trademarked identities, just images. Fanart of ursula vernon's Digger or something.
_________________
"I care about people as much as I care about lawn furniture" - Dexter/Michael C. Hall

[trueliesaa]

I just figured something out that in a way probably voids this whole conversation... for some reason, it is impossible to take pictures off of Deviantart. If you highlight them and hit copy and try to paste them there's nothing there... also if you hit "save picture" it comes up blank.

[trueliesaa]

I just figured something out that in a way probably voids this whole conversation... for some reason, it is impossible to take pictures off of Deviantart. If you highlight them and hit copy and try to paste them there's nothing there... also if you hit "save picture" it comes up blank.

[Fayore]

Uh, no. I've saved images I really liked off dA before.

And even if what you're saying is true, prntscrn. :\