ART THEFT IS:
1. A direct rip of someone else's work.
2. An adaptation of someone else's work without permission.
3. Inspired by someone else's work without giving credit.
4. Redistributing and/or selling of someone else's work.
5. Rips can take place in:
* Copying a pose
* Copying an original character
* Not crediting a patented character
* Copying a similar melodic line over the exact same chord progression as another piece
* Library of Congress considers more than 5 consecutive notes to be copyright violation.
* Copying an original catchphrase or logo
6. Copyright is established through deviantART in accordance to the Terms of Service and California Copyright.
7. The "Grey" Area:
* Library of Congress does not consider older images whose copyright has expired to be held under current copyright laws. This means that if no company or surviving member of say, a portrait of W.A. Mozart owns the copyright, the image is free to use depending on HOW you use it. It still must be properly cited based on the following.
*The image must be of 2 scenarios:
1. Rights not evaluated
2. No known copyright holder
* deviantART policy forbids anyone from using these images anyway.
What deviantART considers Art Theft:
[link]HOW the Library of Congress evaluates images:
[link]ART THEFT IS COPYRIGHT INFRINGEMENT. COPYRIGHT INFRINGEMENT IS PUNISHABLE BY LAW.
Title 17, Chapter 5, Article § 506. "Criminal offenses" of the U.S. Copyright office defines typical copyright infringement.
[link])
MUSIC COPYRIGHT GREY AREA
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Hear the first one
Here Hear the second one
Here
Devious Comments
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Prints
Also if you are a college student you get basically a free pass to use copyrighted material because the the schools pay the ASCAP and the BMI to let their students use the material. So students using it for projects and whatnot, it's all ok.
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Please be patient, God is not finished with me yet.
If you like my art, feel free to check out the rest!
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Please be patient, God is not finished with me yet.
If you like my art, feel free to check out the rest!
Comments are most welcome!
My Gallery
My book:
For college, you have to cite all sources using MLA, APA format or whatever otherwise it's called plaigarism. There's a zero tolerance law here for plaigarism. If you summarize, paraphrase, or quote any idea that is not your own and not something considered common knowledge, it's plaigarism unless you cite it.
I should have expanded on inspiration. If you copy a character on deviantart that's original, that's art theft. In general law for music, you can't copyright a chord progression. You can copyright a piece of music and arguably if you have the same number of bars of each chord (not counting 12 bar blues phrases) and you have relatively the same melody over it, which was the case in the example, that's art theft.
Most musicians don't do it intentionally. You get this song stuck in your head and you tend to copy features of it. The fact that this piece had the same chord progression, the same rhythmic and melodic motive, and I could play the original song along with it, makes it a severe infringement. It's an extreme case which was the point.
"Inspired" by dA's terms would be an obvious rip. If you saw a book about dragons and drew a dragon, I wouldn't know that it was ripped from anything because it's not. If I were to copy spanesgirl34's character Morgan and give her a new name or just not credit it at all, that would be art theflt by dA's standards.
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Prints
And I threw that college thing out there just to notify students who are in college, that they can use it(cuz for some reason the schools aren't telling them this.) At as for school, there are some classes that you don't have to cite. It's just to see what you can do. I am in one right now.
I still think the pose thing sounds iffy. I mean seriously it's a pose. Specially if it is a common pose. And then there are pose books used for reference too.
Sometime I think we are copyright and patent happy.
Of course, don't get me wrong. I see the good in it. And just cuz i complain about it doesn't mean I won't follow it. I'm just sayin some of these things seem kinda absurd.
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Please be patient, God is not finished with me yet.
If you like my art, feel free to check out the rest!
Comments are most welcome!
My Gallery
My book:
This is just stuff deviantART has made mention of between things I and other people have done that they didn't like. We're all trying to learn from each others "mistakes" defined by dA, lol. Do you know how many times they took down my Zelda drawings before I figured it out? Ever since I put the Nintendo copyright, they haven't messed with them.
Of course most of them are absurd. The only things I personally care about are literary plaigarism and music ripping. Unless someone goes copy->
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Prints
Wasn't really referring to DA.
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Please be patient, God is not finished with me yet.
If you like my art, feel free to check out the rest!
Comments are most welcome!
My Gallery
My book:
--
Prints
--
Please be patient, God is not finished with me yet.
If you like my art, feel free to check out the rest!
Comments are most welcome!
My Gallery
My book:
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