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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 inspire others. It just shows they enjoy your work and want to learn from it, that's what being an 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 goes for characters, if its just similar not the same copyrights don't apply, even more so if its a generic design to begin with. 


So people stop bothering 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 Skeleion

Add a Comment:
 
:iconzirukurt01:
zirukurt01 Featured By Owner Dec 15, 2017  Hobbyist General Artist
Some people are full "idiots" when it comes to coincidences and/or references.
Reply
:iconagile-eagle1994:
AGiLE-EaGLE1994 Featured By Owner Dec 12, 2017  Hobbyist General Artist
My characters are very specific and unique. They don't look terribly generic and anyone who knows the series they're from can tell they're individuals.
They wear attire that's very odd for the series they're from for the most part, so I don't think it's easy to make characters similar to mine without them being ripoffs.
And what if someone uses your OC in their art but says the character is theirs? Is THAT copyright infringement? If it isn't, then copyright is useless and should be abolished because it doesn't do anything except hurt people.
Reply
:iconskeleion:
Skeleion Featured By Owner Dec 12, 2017  Hobbyist Digital Artist
The Copyright/Trademark law is mostly there to protect the money of business that can afford to go to court over the copyright/trademark claims. 
Reply
:iconagile-eagle1994:
AGiLE-EaGLE1994 Featured By Owner Dec 12, 2017  Hobbyist General Artist
I am aware of that.
But I think that copyright should protect everyone, not be some sort of oligarchical "Nobles only" thing.
That's not democratic and it's not fair.
And back to my previous question: If someone straight up draws your character (Exactly as you draw them) and claims the character as theirs, is that copyright infringement and/or stealing or lying?
Reply
:iconskeleion:
Skeleion Featured By Owner Edited Dec 12, 2017  Hobbyist Digital Artist
It's only considered an infringement if they are doing it to make a profit. If they're just drawing it and saying it's "theirs" its mostly just fan art at that point and shouldn't be taken seriously.
Reply
:iconagile-eagle1994:
AGiLE-EaGLE1994 Featured By Owner Dec 12, 2017  Hobbyist General Artist
So it's not infringement unless they're charging?
Which means that doing it for free would just be lying.
Reply
:iconskeleion:
Skeleion Featured By Owner Dec 12, 2017  Hobbyist Digital Artist
Yeah, they are mostly just being a nuisance. 
Reply
:iconcyberroxx:
CyberRoxX Featured By Owner Edited Jan 20, 2017  Hobbyist General Artist
Thanx so much for this journal!!!! :heart: 
This is really what I needed!!
I have recently been through a tough situation and it's not even over 100% yet.
I know it may not be as horrible as some of the things others has been through when it comes to this
kind of topic, but for me it was horrible and I am still recovering. 
I have been accused for stealing, tracing and copying a popular artists style and ideas, 
and even tho the artists has blocked me now, a fan of hers keeps on trying to 
tell my followers and friends that I am tracer ect. 

People should just get over their ego and dont let their
popularity get to their head and fans of them shouldnt
hype them so much up to a point where it makes them crazy
and makes them think that they are so unique and original that it
gives them the power to copyright everything they produce, 
from style to ideas ect. 

I understand why so many people are so afraid to make a DA account and post 
art because they know these types of things can happen to them as well and it shouldnt
be like that. DA is about sharing art and common interests, not posting art and being afraid of 
someone comming around and accusing them for stealing ect. 
Reply
:iconskeleion:
Skeleion Featured By Owner Jan 20, 2017  Hobbyist Digital Artist
Hmm.. still having trouble hun? I remember you commenting on my Tracing and referencing back in Oct. Sorry, to hear things haven't gotten any better for you. =C it's sadly a common drama in the furry fandom and what pushed me out of it. 
Reply
:iconcyberroxx:
CyberRoxX Featured By Owner Jan 20, 2017  Hobbyist General Artist
Well the worst part of it is over since this
artist blocked me and I blocked her as well right after.
But a certain fan is still around trying to ruin things for me,
but thankfully she wont succed since all my loyal followers and
friends knows right from wrong and they know that I am not
doing what she and all the other says I am doing. 
And the evidence she uses doesnt prove anything more than
I am not doing what she believes I am doing.

I did get inspiration from this artist when it comes to her style 
ect. but that's not a crime like you mention in the journal, but 
many people dont understand that, they simply cant tell what is 
tracing, stealing, copying and what is not, or maybe they dont want to 
realize it.....

She can think what she wants really, but the thought of it all
hasnt really left my mind yet. 
Reply
:iconskeleion:
Skeleion Featured By Owner Jan 20, 2017  Hobbyist Digital Artist
Well, if they're anything like the artist I had to deal with. Then it's likely the whole blocking you thing was just a facade and they're still trying to pick at you through their friends or random fans. I have just come to the conclusion that some furs have nothing better to do than start drama because they're bored. More than likely they have no other outside interests besides the furry fandom so all their pitiful little friend group can talk about is furry drama, that they find or start. It is why allot of Furs appear to have paper skin it when it comes to ridiculous things.   :no:
Reply
:iconcyberroxx:
CyberRoxX Featured By Owner Jan 20, 2017  Hobbyist General Artist
I agree, it's ridiculous, but at least my fans and friends are standing
by my side and that is the most important thing. 
It just kinda annoys me now that this little kid keeps on
trying, but again she is only one person. 

It all just didnt help when a critique video of one of
my OC's was posted on YouTube last week without my permission. 
And the video is more rude and insulting than helping and motivating, 
and even there this little kid tries to throw accusements on me to other
people outside DA. But I should just laugh my ass of to all of this really
and I am slowly starting to do so because in the end it's actually quiet 
ridiculous and it's just typical furry fandom drama like you say. 
Reply
:iconskeleion:
Skeleion Featured By Owner Jan 20, 2017  Hobbyist Digital Artist
Sounds like they're just wanting to listen to an echo chamber for their own amusement by pulling in random bystanders. I looked up the video, it's very petty and what they're doing is just trying to be funny and "edgy" you know the same things they're were making fun of you for supposedly doing.  What I find hilarious about these n00bs coming into the art fandom is they obviously have no idea how art works or how to give a decent critique. They just think it's about bashing crap they don't personally like and having people nod in agreement at how they put someone in their place. Also, the fact they have a friend that has a sonic recolor OC definitely tells you allot about this person's maturity. :iconfacepaw: 
Reply
:iconcyberroxx:
CyberRoxX Featured By Owner Jan 20, 2017  Hobbyist General Artist
Yeah you are right! 
I dont put more energy into this video anymore, I have
tried to ask this person who made the video kindly to remove the
video but she didnt want to, clearly because she used so much
time on editing it, but that's a lie, in fact she paid someone else 
to edit the video for her..... and to me that is disrespectful because she
used my name and my character and made a video behind my back....
but anyways I cant do much and I can only just laugh at the video now of how
cringy she sounds and tries so hard to be funny and her viewers who doesnt 
have any other interesting stuff to do than to laugh at other people
and feel good about themselves because it wasnt them who were made fun of.

I just hope that this person will think about how she delivers her critique because
it can end badly for her if she isnt careful, she already lost a few fans because of this.  

People will be people I guess.....
Reply
:iconshapsi:
shapsi Featured By Owner Edited Aug 23, 2016  Student Digital Artist
It's like a big weight of stress fell off my back after reading this, idk why but it's relieving. I needed to read this. Thank you for saying this
Reply
:iconnekoserenity:
NekoSerenity Featured By Owner Edited Jan 21, 2016  Student Digital Artist
Thank you for this <33 This makes so much sense. When I was younger I used to be so childish, getting frustrated at people who "copied" me. But this IS true. None of us have the right to say, "Oh, that's copying me, stop it." Because it's NOT. Taking a similar style or technique does not mean that they copied you; in fact, it might be that they look up to you or are inspired by you. This is what I had to learn, and I still am, but I am happy to learn it.

There are many similar characters and artwork out there, and we have to accept it :] We do not 'own' a style.

Thank you, Ash.
Reply
: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
:iconskeleion:
Skeleion 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
:iconskeleion:
Skeleion 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
:iconplanetsrings:
planetsrings Featured By Owner Feb 21, 2014
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
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
:iconmephino:
MephiNo Featured By Owner Jan 5, 2014  Hobbyist Digital Artist
Gold star
A+
Reply
:iconrainbow-foxy:
Rainbow-Foxy Featured By Owner Dec 3, 2013  Professional 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
:iconskeleion:
Skeleion 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 Traditional Artist
wat website is this...
they r being total robbers and stealing art...
Reply
:iconskeleion:
Skeleion Featured By Owner Sep 19, 2013  Hobbyist Digital Artist
explain? 
Reply
:iconstellalunar66:
Stellalunar66 Featured By Owner Sep 21, 2013  Hobbyist Traditional Artist
there was this korean drama website stealing art from DA at one time and they posted my art without permission ad stuffs
Reply
:iconskeleion:
Skeleion 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
:iconskeleion:
Skeleion 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
:iconskeleion:
Skeleion 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
:iconredfoxkent:
RedFoxKent Featured By Owner Aug 22, 2013  Student Filmographer
Wish there was a like button
Reply
:iconskeleion:
Skeleion Featured By Owner Aug 22, 2013  Hobbyist Digital Artist
you can Fav journals I think lol 
Reply
:iconredfoxkent:
RedFoxKent Featured By Owner Aug 24, 2013  Student Filmographer
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
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
:iconskeleion:
Skeleion 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
:iconskeleion:
Skeleion 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
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July 26, 2013
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