________________________________________ ________ FAQ #8:What does deviantART consider to be Art Theft? Copyright Infringement (aka "Art Theft" or "Ripping")
Current deviantART policy defines 'Art Theft' to be any situation where a user takes the original art, photography, or writing of another person ( a 'third party' ) and then either misrepresents the original, unaltered work as one of their own creations or includes the work (either altered or unaltered) in a new image.
Generally speaking any submission which is directly built upon the existing work of another artist or photographer can be considered to be a case of art theft. These works may feature screenshots, official artwork or sprites taken from a video game, scans from an art book, artwork found on a website somewhere on the internet or a photograph of a famous person (just to name a few examples), but in every case the 'seed image' is the legal property of another artist. In many cases these 'seed images' are manipulated, colored over, blended with other images, and otherwise digitally worked over but none of this makes the use acceptable or allowed.
These submissions will be removed regardless of whether you have credited or linked back to the original source. Knowing where you found the original image or knowing who created it or took the photo is not the same as actually having the legal permission to use it in your submission.
Only valid, legal, stock resources are allowed to be used as part of your deviantART submission. Public Domain imagery and works governed by certain Creative Commons licenses may also be used.
________________________________________ ________ FAQ #306:Does "Crediting" let me use whatever I want?
You must obtain written permission from the proper and legal owner of any work which you wish to use, credit alone does not replace this requirement.
Official written permission or license is required whenever you wish to use artwork or photographs created by someone else; it is also required if you wish to use screenshots, official artwork from a video game, scans from an art book, or any other source material which is considered the legal property of another person. Permission is still required even if you have planned to manipulate, color over, blend the original with other images, or otherwise digitally work over the original work.
Explicit permission is not required when you choose to use valid stock resources. Please check your sources carefully to ensure that they are valid stock.
________________________________________ ________ FAQ #572:What does deviantART consider "Fan Art" to be?
The type of fan art which is deemed acceptable for submission are those work in which the submitting artist has done 100% of the work. This means that the artist had started with a blank slate and perhaps a reference (a pose, character, location, or other source) and proceeded to draw, paint, or otherwise create every line and place every color with their own hand.
When copying from an established source it is considered good etiquette to credit your source. Also please note that it may be considered unacceptable to precisely duplicate another existing work by directly tracing or reproducing every single detail so that it is difficult to tell your work from the original, so please be certain to add your own personal touches and style.
Unacceptable submissions may feature screenshots, official artwork from a video game, scans from an art book, a photograph of a famous person, or similar items but in every case the source material is considered the legal property of another artist. In many cases these 'seed images' are manipulated, colored over, blended with other images, and otherwise digitally worked over.
Due to the fact that these pieces contain the works used without legal license we must prohibit their submission here. These unacceptable pieces will be removed as they come to the attention of the administration.
________________________________________ ________ What is Copyright Infringement?
To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
Some examples of copyright infringement (this is only a partial listing) can include:
Placing a photograph or creative work online without proper permission. Using a creative work commercially. Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting. Modifying or editing a creative work without proper permission.
In most cases it does not matter how much of the material you have used. Whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be copyrighted and you still require the owner's permission for use. It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission. It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission. It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission. It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission. It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
________________________________________ ________ How Can I Avoid Infringing on Someone's Copyright?
The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before, when used in copyright matters "original" means that you created your work without referencing or deliberately copying anyone else's work during the process.
Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.
________________________________________ ________ What Happens When You Submit Infringing Works to deviantART?
When we become aware that a deviantART submission infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require deviantART to remove his or her copyrighted content.
If you believe that a submission on deviantART infringes upon your copyright you may either report the submission using our internal reporting system or send us a copyright notice via email. A member of staff will review your notice and resolve the situation.
If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice. A member of staff will be made available to you so that the situation can be properly resolved.
If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.
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`anmari has been spreading her infectious positivity throughout our community for over 6 years. Throughout this time Ana has been at the core of all things devious, passionately developing an eclectic gallery, helping organise devmeets, participating in chat events and also recently completed dedicating her time as a Community Volunteer. We are absolutely delighted to bestow the Deviousness Award for May 2013 to `anmari, congratulations! Read More