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Copyright Abuse

Journal Entry: Fri Jul 26, 2013, 8:58 AM



Ok, the cold hard truth here, If you put something on the internet out to the public, expect it to the inspire others. It just shows they enjoy your work and want to learn from it, that's what being a Idol is about. 

"In a recent decision of the Full Federal Court, the Court reaffirmed the fundamental legal principle that copyright does not protect ideas and concepts but only the particular form in which they are expressed.[2] The effect of this principle is that you cannot copyright a style or technique. Copyright only protects you from someone else reproducing one of your actual artworks not from someone else coming up with their own work in the same style."

 You can become known for doing something a certain way but you can't own it, you can only own the work as a whole. The same go's for characters, if its just similar not the same copyrights don't apply, even more so if its a generic design to began with. 


So people stop bother the DA staff with this nonsense, If you report a stolen "style" or similar character, Deviantart Help staff is not going to Help you , Because nothing was stolen you don't own the "style" and you don't own every Red Doggy with a purple scarf.

Sending your white knights after others inspired by you or like you by coincidence , makes you weak and childish. 

Good day 
Joker Ash by VengefulSpirits

Add a Comment:
 
:iconeun-gi:
Eun-Gi Featured By Owner Jul 20, 2014  Student Traditional Artist
I mean, people have drawn in PPG style, and other cartoon and games as well - but you can't go around saying that your work and their work is similar, but you can tell them that they took the artwork and redoing it, right? (Like I take some gaming concept artwork - and redo the entire image) 
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Jul 20, 2014  Hobbyist Digital Artist
I'm not sure what you are asking? 
Reply
:iconeun-gi:
Eun-Gi Featured By Owner Jul 21, 2014  Student Traditional Artist
I'm just trying to understand it, since I'm not the best at it. ;; 

So like anyone can have a similar style, but you can't sue them for it.

But, if someone has copied an artwork that was made by you (Like some concept drawings/paintings for a movie or a game), you can sue them.
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Jul 21, 2014  Hobbyist Digital Artist
A style is considered a Technique and you can't own a  Technique.

If someone copies your art completely like the whole image and try's to sale it for money or something, then you could possibly try to sue them, but honestly it would cost you more money to take them to court. 
Reply
:iconkira-nightshade:
Kira-Nightshade Featured By Owner Edited Jul 19, 2014  Hobbyist Digital Artist
I know this is completely of topic but I have to say this I really do love how the mouse pointer is ash/venge XD
Reply
:iconicarusis:
Icarusis Featured By Owner Feb 21, 2014  Hobbyist General Artist
this is a great journal man and so is your other one!! im gonna fave them both haha
Reply
:iconhoshikostarwolf:
HoshikoStarWolf Featured By Owner Feb 14, 2014  Hobbyist Digital Artist
This journal entry is going in my faves :D Thank you so much for writing it!
Reply
:iconxxmossfacexx:
xxMossfacexx Featured By Owner Feb 14, 2014  Hobbyist Digital Artist
THANK YOU!
Reply
:iconmephilesfanforsrb2:
MephilesfanforSRB2 Featured By Owner Jan 5, 2014  Student Traditional Artist
Gold star
A+
Reply
:iconrainbow-foxy:
Rainbow-Foxy Featured By Owner Dec 3, 2013  Student General Artist
Someone's argument was that this person who had the idea to put a bird pelt on a dog was protected by Australia's free copyright and that it was illegal to draw a dog with a bird pelt on it if you weren't the "original creator".

like

didnt native americans put pelts on things for a long time???

its also not that original???

and???

i'm the bad person for saying that you can't copyright an idea like that???

and???

???

I'm sorry im just kinda angry, eh
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Dec 4, 2013  Hobbyist Digital Artist
Copyright is more then just design, its also about the story and personality you put into a character or species, Just because the said "copyrighted" character is wearing a bird pelt, dose not mean others cant make their own character with one as well, the copyright covers the  character as whole not the aspects of the character. 

Even if it was consider "Illegal" to draw another character with a bird pelt, you would still have to dish out allot of money to take the person to court and fight for "copyright" clam.  This is why copyrights/trademarks are normally only used by companies that have something to lose, not personal use. 

  
Reply
:iconskltty:
SKlTTY Featured By Owner Nov 28, 2013
THANK YOU. THANK YOU SO MUCH.
Reply
:iconstellalunar66:
Stellalunar66 Featured By Owner Sep 19, 2013  Hobbyist General Artist
wat website is this...
they r being total robbers and stealing art...
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Sep 19, 2013  Hobbyist Digital Artist
explain? 
Reply
:iconstellalunar66:
Stellalunar66 Featured By Owner Sep 21, 2013  Hobbyist General Artist
there was this korean drama website stealing art from DA at one time and they posted my art without permission ad stuffs
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Sep 21, 2013  Hobbyist Digital Artist
That has nothing to do with copyrighting style or character. 

Also different countries have different copyright laws, some don't know its wrong to post others works since its not consider a big thing in their country.  :shrug: 
Reply
:iconrainbowscorpiow:
RainbowScorpiow Featured By Owner Sep 12, 2013  Hobbyist General Artist
This just came to mind:
What if I saw a character like:
sillythewolf.deviantart.com/ar…

I made another character with the same positioning of the markings and the same colours, but I decided to change only one eye colour.
Wouldn't that be against the copyright law? =/

Because what if someone wanted to annoy someone on purpose, did the above, and then used the copyright law as an excuse that they don't have to take the character down?
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Sep 12, 2013  Hobbyist Digital Artist
The copyright law, is there to protect someones profit, not to go around online saying "you can't use that, because I copyrighted it". It requires allot of money and something really worth protecting. 

The character has to have a unique design as well as a story, you will also need to hire a lawyer and be willing to dish out the cash to take someone to court. 


Reply
:iconrainbowscorpiow:
RainbowScorpiow Featured By Owner Sep 13, 2013  Hobbyist General Artist
That just kind of makes things worse.

People can now just copy and paste the character's complicated design without changing it, use it to their liking because the owner of the character can't do anything because they don't have the money.

Now, I know that a person can't own every single wolf with brown fur and stripes and amber eyes and such, nor can they own a very simple design like a black cat with green eyes.

But saying that I can almost freely go around, reproducing this design to the dot: sillythewolf.deviantart.com/ar… and not need to take it down because the person needs to dish out money which they don't have...

Hmm... why is it always about money?

(And I was using Sillythewolf's character as an example.)
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Sep 13, 2013  Hobbyist Digital Artist
Yup, On DA as long as they draw it them self's DA won't take action.  You can try to open a case, but its very rarely a person can win, and you might get suspended for a false reports.

I know it doesn't seam fair, but its the way things have to be to keep balance. Character is more then just Design, its about their story,style and personality. This is why shows like MAD can get away with parodies of things. 

Like with Rainbow dash, they just changed her hair style and cutie mark, or Monsters Inc they just took Mike's horns off. Even with a copyright your still not fully protected. 

So yes it all about money, because the law its there to protect your lively hood, not your personal bond with a character. 



Reply
:iconfrandlle:
frandlle Featured By Owner Sep 12, 2013   Digital Artist
You're gonna need a LOT of money if you want to copyright a character. 
It has nothing to do with the copyright law unless someone actually went through all of the gruesome, tiring and expensive steps to copyright their fursona or Sonic character.
Reply
:iconthebiggesttnbcfan:
TheBiggestTNBCFan Featured By Owner Mar 28, 2014  Hobbyist Artist
you cant copywrite a character only trademark them
Reply
:iconfrandlle:
frandlle Featured By Owner Mar 28, 2014   Digital Artist
Copyright: " the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. "

Trademark: " a symbol, word, or words legally registered or established by use as representing a company or product. " 

Sonic is trademarked to SEGA. While your character would be copyright to you since it is not a logo nor a representative of any form of product nor company.
So yes you can copyright a character, like how Wreck it Ralph is copyrighted to Disney, but Mickey mouse is trademarked since he is the logo or representative character of Disney.
Reply
:iconangelx111:
AngelX111 Featured By Owner Aug 22, 2013  Student General Artist
Wish there was a like button
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Aug 22, 2013  Hobbyist Digital Artist
you can Fav journals I think lol 
Reply
:iconangelx111:
AngelX111 Featured By Owner Aug 24, 2013  Student General Artist
Oh cool!
Reply
:icondesk-chin:
DESK-chin Featured By Owner Aug 17, 2013  Professional Interface Designer
agree 100%
Reply
:iconwildwolvess:
WildWolvess Featured By Owner Aug 13, 2013  Student Digital Artist
I re-posted this because you worded it so perfectly wildwolvess.deviantart.com/jou…
hope you dont mind
Reply
:iconmexicats:
mexicats Featured By Owner Aug 9, 2013
How do you go about copyrighting a character?
and is it worth copyrighting a character which is
only intended for personal use? uwu
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Aug 9, 2013  Hobbyist Digital Artist
If your not going to use it in the media for financial gain, I wouldn't waste money on a copyright for personal use. 

but if you feel like throwing around  money for that, here is the costs. 

and if your character is stolen, you will still have to pay a lawyer, open a case and just waste even more money, for something that's just not worth it if your not making anything off it anyway. 
Reply
:iconmidnight21:
midnight21 Featured By Owner Aug 1, 2013  Hobbyist Digital Artist
you are right but what if you were friends with someone for 8 years and she takes over a character you created in an RPG and kept it entirely for herself and refuses to change anything about the character like she promised?
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Aug 2, 2013  Hobbyist Digital Artist
Sounds more like a personal matter then demographic one, involving the Law.  

But if you want my personal opinion,  I would say ignore it, life's to short to let something like that get to you and drive a wedge between a 8 year friendship.

 
Reply
:iconmidnight21:
midnight21 Featured By Owner Aug 2, 2013  Hobbyist Digital Artist
i would ignore it if she hasn't been so persistent with obsessive drama, stalking, manipulating the truth behind this whole matter and bragging about drawing and writing really bad profiles of my character over and over again. Hell, she even writes journals about me, trying to provoke me into fighting with her on DA journals and ruin my reputation while she's at it. It just won't stop and the reason she's doing all this because she didn't get her way with me for once and would do anything to make sure she gets what she wants in life. And I'm not the only person she did this to either. She forced her ex boyfriend Rimfire to give her his character Kenji and the only reason he did is so she would shut up and leave him alone. Most of my friends complained to me that she had stolen ideas and traits from them as well and she had tried to steal the character Kaize from her ex fiance as well. Of course, the only reason she didn't steal the character is because she's afraid of his temperament and he threatened to sue her with copyright if she touches anything that was his and mess it up. Then another friend of mine says to me first hand: No, the character Umeko is not a long lost sister of Bothan! I was so disturbed by that comment that I was beginning to think that not only does she take over characters, she also takes over people's storylines and fandoms and treat them as her own too.

The fact that she has to use and manipulate people to give her characters she's obsessed with is pathetic and I wish there was something I could do to stop her... it's going to be only a matter of time before she hurts someone with theft again. :(
Reply
:iconmidnight21:
midnight21 Featured By Owner Aug 2, 2013  Hobbyist Digital Artist
and this whole thing has been going on for the past 3  years...
Reply
:iconmrknifey:
mrknifey Featured By Owner Aug 7, 2013
to be honest, she sounds like a terrible friend. unfriend and ignore:/
Reply
:iconmidnight21:
midnight21 Featured By Owner Aug 7, 2013  Hobbyist Digital Artist
i already have and blocked her on everything 3 years ago... of course she is persistent with stalking and stealing.  maybe this might be a more serious case of copyright/abuse than what you described. hopefully the help desk will get to the bottom of this. the last time i checked, things like this is illegal.
Reply
:iconmrknifey:
mrknifey Featured By Owner Aug 8, 2013
the problems not it being illegal, but possible to prosecute.. but in terms of the stalking,  hopefully help desk can do something to reduce the problem.
Reply
:iconmidnight21:
midnight21 Featured By Owner Aug 9, 2013  Hobbyist Digital Artist
yup. i hope they will too... by the way, i'm sorry for bringing this problem up. it's been really bugging me lately and usually i'm not the type who would jump on people for copyright infringement so quickly. heck, i even know a young lady who had mouse characters similar to my Midnight, but I didn't attack her because it was purely coincidental and their personalities and storylines are completely different. in the end, I guess there's a twin for everyone, characters and humans alike... it's really all about how we treat people with respect.
Reply
(1 Reply)
:iconflowerlet:
Flowerlet Featured By Owner Aug 1, 2013  Student Digital Artist

Red Doddy with a purple scarf? So cuteeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 

Reply
:iconfaithful-x:
Faithful-x Featured By Owner Aug 1, 2013
What if you take single elements from a characters design, such as a symbol or pattern, would this count as a copyright I fringe meant. I read both the links.
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Aug 1, 2013  Hobbyist Digital Artist
Alright, if you were going to get the character copyrighted to use in the media for your own profit you couldn't use like the superman symbol on your character because that's a trademark icon.  

As for pattern/markings they can't be trademarked or copyrighted, you can only copyright or trademark the character as whole. 
Reply
:iconfaithful-x:
Faithful-x Featured By Owner Aug 2, 2013
Okay, thanks. c:
Reply
:iconeeveefennekinfan:
EeveeFennekinFan Featured By Owner Aug 1, 2013  Hobbyist General Artist
Still no excuse.
More than one yin yang symbol in this world etc.
And oh noes! They got a stripe pattern too! No excuse.
Reply
:iconangelaxexinf:
AngelAxexinf Featured By Owner Jul 31, 2013  Student General Artist
I guess that makes sense. Often times, I see a piece of art that has a certain color/shading/drawing style that I want to try out, and although I normally mess it up somehow, I wouldn't really call taht copyright infringement, especially if they still have their own twist to it (which is what I do)
Reply
:iconmogaophiuchus:
MoGaOphiuchus Featured By Owner Jul 31, 2013
What about if it's exactly he same character, but just a different pose?
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Jul 31, 2013  Hobbyist Digital Artist
This post is about drawing style, technique and similar characters not the same, if they are exactly the same they might be covered under copyright or trademark depending how original they are, and if you payed the copyright/ trademark fee. 
Reply
:iconblacknoxstar:
BlackNoxStar Featured By Owner Jul 31, 2013  Student Digital Artist
Alright so someone comes along and completely rips off your style and that is considered 'ok'? Even if it is blatent plagurism and not just inspiration?
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Jul 31, 2013  Hobbyist Digital Artist
You can't "Rip off" a style, almost every style has been done before and its considered a technique. As long as its their own work its considered inspiration. 



Reply
:iconblacknoxstar:
BlackNoxStar Featured By Owner Aug 2, 2013  Student Digital Artist
Just because something is legal doesn't make it right.

So, if someone looked at the way you drew things, and copied the way you drew things, like eyes hair skin shading etc to the very exact dot, and not once mentioned you anywhere as the 'inspiration', you'd be fine with this?
Reply
:iconvengefulspirits:
VengefulSpirits Featured By Owner Aug 2, 2013  Hobbyist Digital Artist
If your talking about flat out tracing and replicating the work as a whole, then yes, that's against the copyright law.  If they take the style and use it to make their own work, its not covered by the copyright law because Nothing was Stolen. Every style has been done before even if you haven't seen it doesn't' mean its not out there. 

Though it might be a little rude that they don't mention you inspired them, they are not really required to. 
Reply
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July 26, 2013
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