Quote:
Originally Posted by nothingclever
1. This is not stealing, stealing requires theft, or an illegal seizure of property. One can do this because the images provided on deviant art are public, and provided to the public, thus they can be legally acquired without the permission of the creator.
2. This is using licensed characters, non commercial use of licensed characters are considered public domain.
3. Consent of the original artist is legal, so as long as that person does not claim to be the original authenticator of the artwork. They do not need to necessarily have permission to re post, but it is considered good form. If they say the art is their creation, now theft has taken place, identity theft.
So, nothing wrong here yet.
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No. That depends entirely on the licence. If the original art was published with a licence, the licence explains the rules. I personally use this licence:
http://creativecommons.org/licenses/by-nd/3.0/ because it gives people the right to share the work (even commercial use), but under the conditions that they give attribution and do not modify the work.
In addition, posting 'non-commercial use of licenced works' is
not considered public domain (that is a licencing issue), it is considered
fair use. Under U.S. law at least.
However, since DeviantART has ads and thus is for-profit, the reposting of the work on DeviantART is technically commercial use, even if not for commercial benefits of the user.
So yeah, there are plenty of wrongs to be had here.
Though, I agree that it is not stealing/theft, but at best unauthorised use.
I decided to take the opportunity to write a guide to pick licences for artists and writers alike:
http://wiki.fetishartindexer.org/Licence