Join for FREE | Take the Tour Lost Password?
Shop deviantART for the
holidays and save BIG!
Click here! :holly:
[x]

deviantART

 
[x]  
Shop deviantART for the holidays Click here! :holly:

Link




Share


  Share on twitter Share on Facebook Share on reddit Share on digg

Notices



More Culture News

Project Comment: 0-5 Comments // Issue 49

=pullingcandy:iconpullingcandy: reports, 7h 14m ago
#ProjectComment is a project that features the generally obscured and underappreciated artists and their art in regular news articles. Our objective is to recognise deviants who deserve more recognition and to feature deviations with less than 10 original comments.

The 0-5 Comments Issues feature a deviant as well as 3 deviations with less than 5 original comments from a wide selection of art. Please give your time to :+favlove: this article and to write constructive comments so that you make a true difference to the artists featured here.

[a semi-daily dose of inspiration :: 19-25/12/09]

*TheQine:iconTheQine: reports, 1d 5h ago
A *HUGE* compilation of super inspirational pieces of art! Enjoy! :omg:

CHRISTMAS CONTEST WINNERS!

*TheJerk4:iconTheJerk4: reports, 1d 22h ago
Christmas contest is over and the winners are here! :santa: Merry Christmas to you all! :xmas:

Community Projects: Dec. 26- Kwanzaa

^PurpelBlur:iconPurpelBlur: reports, 9h 5m ago
Kwanzaa info

Daily Literature Deviations - December 26, 2009

=DailyLitDeviations:iconDailyLitDeviations: reports, 9h 52m ago
Daily Literature Deviations is a group that is dedicated to bringing literature to the forefront of the deviantArt community. We attempt to accomplish this by daily featuring Literature artists from around the community that deserve the recognition, but are not getting it.

Each day we will feature 5 deviations from the Literature categories in a News Article. In order to support the artists that we feature, we ask that you :+fav: the news article as well as check out the individual pieces. We understand that each day you may not be able to check out each and every one of the pieces, everyone has their own things going on. We just ask that you make an attempt to help support the growing Literature community.

Inspired by Within Temptation

=Maithiran:iconMaithiran: reports, 17h 36m ago
This is a feature of works inspired by the truly beautiful Dutch symphonic metal bandWithin Temptation, who typify the genre with sweeping symphonic sounds, rock rhythms and mixed operatic and [occasionally] growled vocals.

Space Art Feature and Group!

*MT-y:iconMT-y: reports, 20h 42m ago
An amazing feature of works from :iconthe-final-frontier:
The best space art on dA, all found here :)

Featuring Great Artist and my Watchers! Final 2009

*Halisoar:iconHalisoar: reports, 18h 38m ago
Welcome to a New!! feature! :dance:

Thanks to all the people who post and share their work!

Don´t forget to fav this new!!:D

This time i´m also featuring my amazing watchers!!! they all are great and really talented!!! so give them some love :heart:

Also see the other parts of the feature here!! :star: [link] :star:

So enjoy the Feature!!!!!

A Christmas Gift and Tribute to My Friends

*arcturus17:iconarcturus17: reports, 1d 18h ago
After spending a long, troubled year, I've come to appreciate the friends I have made over those twelve months. They have taught me lessons even though they haven't realised it, and supported me in every way possible, even without saying anything much.

As a gift, as a tribute, as a thanks and most of all in admiration and respect for their attitudes and what they've shown me whether directly or indirectly, I present to you the artwork of these hardworking friends of mine. Give them a gift straight from the heart - a fave, a comment, even a watch. I never knew I would make friends with these people - why not you?

On the Couch with Mauricio Estrella!

^NunoDias:iconNunoDias: reports, 1d 9h ago
The Designs & Interfaces Gallery Moderator has the honor to present you the seventh interview for “On the Couch with…” Project! This time, `manicho gave us some thoughts.

Culture News This Week

The Road to 100 Million Deviations!

$Heidi:iconHeidi: reports, December 22
DeviantART is counting down to its 100 millionth deviation! Join in on the fun and take a look back at some of the most noteworthy deviations we've seen along the way. The deviant who uploads the 100 millionth deviation could win a special prize, too. Hurry, we're going to hit the 100 million mark soon!

When did we start hating everything?

`Rahll:iconRahll: reports, December 23
When did it suddenly become cool to hate everything? It's a growing problem, especially in the entertainment world, and no one benefits from an increasingly hard to please, pessimistic audience.

New Contest: Fall, Winter and Holiday Contest!

*TimberClipse:iconTimberClipse: reports, December 19
THIS CONTEST IS OPEN TO ALL TYPES OF WORK! (Emoticons, Stamps, Wallpapers, Photography, Photo Manips, Literature.... and everything else!)

Win over 2 years in subscriptions!

Open to everyone!

Good luck!
48 comments   Contests  Last +fav: =Iwien

400 Warming Christmas And Winter Images

*rebeka-anne:iconrebeka-anne: reports, 1d 19h ago
A Collection of seasonal art of all mediums and genres, and from artists of all ages and talents from well seasoned experts to beginners.

Original Characters Winter Contest

*LadyFanhir:iconLadyFanhir: reports, December 23
Original Characters In Winter!

Diversity Feature

*nothingbuteverything:iconnothingbuteverything: reports, 2d 15h ago
Art is so diverse, but we can appreciate it all! Showing the diverse talents of my watchers to the world!

Why the @#$% should I care about Art Theft?!

*KikaiSaigono:iconKikaiSaigono: reports, December 21
Why the @#$% should YOU care about art theft? The answer may surprise you. A few tips for art thieves, those who report them, and dA staff on how to better prevent art theft, and make dA a real art site once more.

Natures Beauty by small artists

*holzoepfael:iconholzoepfael: reports, 1d 12h ago
I'd like to show you some awesome nature related work from more or less unknown artists which deserve more attention - this is a must see, you won't regret it!!!

Photography Feature II

=3wyl:icon3wyl: reports, December 21
A collection of photographs from a variety of artists, some that are really underappreciated. Just by giving one minute of your time to write constructive comments, favourites and even watches will make a great difference.

wishing you happy holidays...

*enemy-89:iconenemy-89: reports, 2d 3h ago
a wonderful collection-photography,digital and traditional works from my friends,from watchers and from people randomly found on dA.enjoy!

Culture


Tutorial For All; Acceptable Submission or Not?

$realitysquared:iconrealitysquared: reports, June 2, 2002
As we all have noticed over the last few weeks, there is a rather large amount of confusion over international copyright laws, specifically the issues surrounding Fair Use, and what is considered Stock Photography or Public Domain. This lengthy article will attempt to make these issues clear in language that everyone should be able to understand. I encourage everyone to read it!

If I have failed to make this completely clear, please leave a comment here or feel free to note me for a more detailed explanation.

Firstly, let us make sure that everyone understands the basics of copyright law.

What is copyright? ?
Copyright laws give you complete control over your own creations- who gets a copy of it, who gets to use it, what it gets used for, and how it is used.

What can be copyrighted?
It’s easier to explain what is not protected. Facts, concepts and ideas may not be copyrighted- only the tangible creation which expresses the idea can be copyrighted.

When does something become copyrighted?
If the work has been created in a tangible form which may be passed from person to person it is automatically protected by copyright law the moment you are finished with it. This includes works set to paper, wood, stone, etc, as well as computer files saved to disk.

Don’t I have to file with somebody and pay a fee?
No. Everybody gains copyright protection automatically and for free. Filing with the copyright office simply gives you additional abilities to use in the protection of your work- such as the right to sue an infringer for monetary damages.

How long does copyright protection last?
For modern day works your completely original creations will be protected for your lifetime plus 70 years after your death. For works made before 1976 things get a little more tangled because of differing laws at the time of their creation.



Public Domain

It is a common misconception that "everything on the internet is in the public domain." This is of course incorrect.

The only resources which may be considered to be in the public domain are those for which the copyright has expired or has not been renewed (typically those made before 1923), those works which were created by the government, or those works in which the copyright holder has specifically decided to place into the public domain.

Resources which are in the public domain may be used in any manner whatsoever by whoever wishes to use them.

Never assume that a resource is in the public domain; just because it doesn’t have a © symbol doesn’t mean it is not protected. Current laws do not require you to place the © on a work, it is simply encouraged.
It is far more prudent to assume that any resource you have found is protected by copyright.



Stock Resources.

Stock Resources are things which the copyright holder has decided to make available for other people to use under certain conditions.

There are almost always Terms and Conditions set by the copyright holder, such as “Don’t sell it”, “Don’t add it to a collection”, “Don’t use it for something you are getting paid for”, “Don’t let others download it”, and so on.

Make sure that you read and understand the terms completely; Stock does not mean the same thing as Public Domain and you are not necessarily allowed to do whatever you want with the resource. If you do not understand something in the TOS then play it safe and do not use the resource at all.

Also beware of websites which claim to be “Stock Resources” while at the same time posting something like this:

“All pictures contained on pages herein were collected freely from the internet and are believed to be public domain. If you are the owner of any of the images that appear on this site, please send an email to the webmaster.”

They are not legitimate stock resource websites, the above disclaimer is simply a feeble attempt to feign ignorance and skirt the law.



Fair Use

This is probably the most confusing part of all of this.

Part of the problem with Fair Use laws is that they were intentionally written in the same manner as Free Speech laws: namely vague.

This is not so much to protect you and your usage of something as it is to give a Court of Law maximum flexibility in judging what an infringement of copyright is.

So what is Fair Use exactly?

Fair Use basically allows you, under certain conditions, to use small portions of copyrighted works without the need to obtain permission from the owner. In all cases of Fair Use, by law, the original work and author MUST be credited.

The Fair Use exceptions which most apply here at deviantART are Parody and Educational uses.

Parody or satire simply allows you to closely mimic a copyrighted work with the intention to amuse an audience. An example of this can be found in the old newspaper comic strip “Outworld” by Berke Breathed. In his Sunday strip Breathed was able to closely mimic the Disney character “Mickey Mouse” with his introduction of “Mortimer Mouse, the estranged, anatomically correct brother of Mickey,” a character which sported among other things a cigar, 5 o’clock shadow and a PG-17 attitude.

The Educational use may of course be found in the tutorial section here. Small examples may be used here to demonstrate the potential results of the procedure which you are attempting to outline without the need to consult the original owner.

THIS IS THE MOST IMPORTANT PART OF THIS ARTICLE:

So how do you determine if it is Fair Use?

There are 6 basic rules which the courts will use in determining Fair Use ;

Rule 1: Are You Just Copying (and Pasting) Or Are You Creating Something Entirely New?
Are you just copying it verbatim or are you truly transforming the work into something completely different? The more changes you make the more likely it is to be Fair Use. Bear in mind though that chances are if the original can be recognized at all it most likely will not be a Fair Use of the work.

Example: Carefully cutting out Britney Spears and putting her on a blue background is not creating something entirely new and it is easily recognizable. Carefully cutting out her eyes and working them creatively into a website interface is making something completely new and the original is transformed beyond recognition.

Rule 2: Don’t Compete With Your Source Material
If the public can get it from you why should they have no reason to go to the original author.
Example: The purpose of a wallpaper with a cutout of Goku from “DragonBall Z” is to provide a picture of Goku to the public; this is competing with the original artist/company who also wishes to provide the image of Goku to the public.

Rule 3: The More You Use The Less Fair Your Use Becomes
I think this is pretty self explanatory.

Example: Pasting in the entire CD cover of your favorite band is not as Fair as just pasting in the title.

Rule 4: How Important Is The Material That You Used?
The more important the material is to the original, the less likely that your use is Fair Use.

Example 1: (Real life court case) The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs they quoted, verbatim, 300 words from the 200,000 word manuscript (or about .0015% of the document). The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book; the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.

Example 2: The photograph of Jessica Alba features her, and just her, in an attractive pose. Cutting her out would be taking the “heart of” the photograph, or “the most interesting” part.

Rule 5: Just Giving Credit Doesn’t Make It Okay
Either you have permission or you don’t. Either your usage complies with the Fair Use exception or it doesn’t. Just sticking the owners name on there doesn’t change any of that.

Rule 6: The Only Time You Do Not Have To Worry About This Is When You Keep It For Personal Use
The biggest confusion about Fair Use comes from the fact that this exception allows you to do pretty much whatever you wish with a copyrighted work on a personal level.

The key words here are “Personal Level ”.

It stops being personal the moment you make it available for download here at deviantART due to the public nature of the internet (or anywhere else for that matter).

With all this in mind I encourage everyone to look through their respective gallery of work and remove those things which are not compliant with deviantART's submission agreement before somebody else does it for you.

You are free to disagree with the laws but the fact is that these are laws that everyone, everywhere, must follow. While it may seem unfortunate, welcome to reality. These laws were designed to protect you, the artist, therefore you should be happy that you are protected.

Devious Comments

love 0 0 joy 0 0 wow 0 0 mad 0 0 sad 0 0 fear 0 0 neutral 0 0
:iconex0dus:
I hope this clears up alot of peoles questions...
-----
- [link] -
:iconw00zy:
very informative indeed.

one question though.

quote: With all this in mind I encourage everyone to look through their respective gallery of work and remove those things which are not compliant with deviantART's submission agreement before somebody else does it for you.

with all that has been said here and posted in this news article, how are the admins determining if each piece deemed for removal has been qualified as breaching the policies?
:iconcype:
indeed.
-----
Nick Pellegrino (Cype)
the sunlight is manufactured in a windowless room distant and incoherent businessmen hanging themselves.
:iconjark:
quoth the w00zy one:
quote: With all this in mind I encourage everyone to look through their respective gallery of work and remove those things which are not compliant with deviantART's submission agreement before somebody else does it for you.

with all that has been said here and posted in this news article, how are the admins determining if each piece deemed for removal has been qualified as breaching the policies?


we will take action when a deviant reports a deviation as being a violation of policy. then based on the information contained in the report we will take the appropriate actions based on the research done to determine if the deviation does indeed violate policy.

-----
jark (deviantART Co-Founder)

Idea Graduate what a novel idea; educate yourself on deviantART reality: [link]
:iconexorist:
i was pretty much clear on the copyright rules anyway...but i wasn't aware of the "fair use" part....thanks for clearing that up:) (Smile)
-----
Puke Flame ahh theres nothing like the smell of burning puke in the morning ;) (Wink)





:iconsasso:
I hope all of the deviants read this, and jark, or whatever admin, I would have made this a hot topic. Everyone should read this and understand it. Fantastic realitysquared.
-----
:o (Eek) sasso
:iconrealitysquared:
w00zy,
It's simple, as anybody who has used the "Report Violation" button can attest the form specifically asks for a valid URL linking to an example of the original work.

The staff responsible for following up these reports checks this URL and then judges for themselves whether or not the deviation being questioned qualifies (in their opinion) as Fair Use.

The rules which should be used in this determination are laid out here-
-----
.
Prints available at PixelPrintz: [link]
.
:iconrealitysquared:
..and jark beats me to the answer

:P (Razz)
-----
.
Prints available at PixelPrintz: [link]
.
:iconevolutionlabs:
You should clear the females wallpaper section because like 80% of it is violating this policy and make sure you publically encourage authors of "clean" (non-copyright-infringing) to resubmit their creations. I think it will also help clean out your database of pictures.
:iconlobsterclaws:
Excellent detailed explanation!
-----
Stock Photo Account: Stock-Lobster [link]
 

Site Map