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Unread 06-15-2011   #1
nothingclever
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Re: help report stolen art work on DA

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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Unread 06-15-2011   #2
tghawk555
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Re: help report stolen art work on DA

Quote:
Originally Posted by nothingclever View Post
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.
You know, given those guidelines, I shouldn't have had all of my Gaia sprite-based artwork removed from dA. But those mods are idiots, and when you try to reason with them they use pre-made responses and think that they have solved the problem. Jerk-offs...
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Unread 06-15-2011   #3
no-name
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Re: help report stolen art work on DA

In regards to the Ben 10 TG, you could always relay them to the Palcomix.com that has been left so conveniently by the "artist" in question.
Of course, if you need the actual link to the comic, I'll PM you the link. If you don't already know, however, both the comic and the link are NSFW.
As for the other one, I know I have it in my personal archives somewhere. Hopefully, the name of the artist is still there.
[EDIT]
According to Hydrith of DA, the "astoroth" pictures were made by "Bookaki" (http://bookaki.deviantart.com/).
However, he has taken his work off of the site and hasn't been active on DA for sometime now. Comments on the main page suggest the pics were taken down as early as 2008, but the actual date the gallery was removed is unknown.
Aside from rickroll10000's upload, I've only found a handful of thumbnails titled "th_school1_by_bookaki" and "the_school2_by_bookaki". Unfortunately, the thumbnails don't work.
I know it isn't much, but I hope this will be enough.
Good luck.

Last edited by no-name; 06-15-2011 at 06:24 AM. Reason: New information
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Unread 06-15-2011   #4
ZodiacX
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Re: help report stolen art work on DA

Who owns the art in question is one thing, but....
They are selling prints. Pretty sure thats a massive no no.
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Unread 06-16-2011   #5
Brainfuck
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Re: help report stolen art work on DA

Quote:
Originally Posted by nothingclever View Post
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.
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
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Last edited by Brainfuck; 06-16-2011 at 07:11 AM.
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