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Author Topic: Copyright question  (Read 8041 times)

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Offline Corycaly

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Copyright question
« on: February 10, 2011, 01:12:06 PM »
There are some debates going on between some da artists.

Is it legal to use brushes/patterns created by deviant art artists without crediting them?

Some argue that in that case, they would have to credit the pc brand/ pens brands they use for drawings...

while I think that using a picture/pattern owned by another artist without crediting them  is a copyright problem.

Does someone has precise informations/laws about it?

Offline Flying Kite

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Re: Copyright question
« Reply #1 on: February 10, 2011, 02:19:48 PM »
Well, personally I'd rather not use brushes/patterns made by others than myself. In case of tutorial, I won't give credit.
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Offline Monsterful

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Re: Copyright question
« Reply #2 on: February 10, 2011, 03:10:54 PM »
This is why I always use my own patterns (Or purchased ones).

Credit MUST be given if it is specified, they created the graphics so they OWN them, this includes both patterns and brushes. ONLY if you payed the original artist or his license is a non-attribution one you are NOT authorized to use their resources without giving them credit.

Some argue that in that case, they would have to credit the pc brand/ pens brands they use for drawings...
Does someone has precise informations/laws about it?
I bet those are all dumb kids with pirated software, some people actually pay for their own stuff, why would I give credit to the pc brand/pen brand IF I PAYED FOR IT.

And that would be it Cory, it is ILLEGAL to use without credit, unless the original author says that its freeware non-attribution stuff OR that you payed for them.

Offline Corycaly

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Re: Copyright question
« Reply #3 on: February 10, 2011, 03:19:28 PM »
Wanna laugh? It's not little kids. It's pro artists. Published pro artists. I have found this debate on a pro artist facebook account!

Made me laugh because they are prompt to attack people using their pictures but they have no problems doing the same with DA brushes/patterns.  o__O

That made me wonder if patterns/brushes had a special copyright status.

Offline Monsterful

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Re: Copyright question
« Reply #4 on: February 10, 2011, 03:27:57 PM »
Those are not pro artists Cory, a pro artist is a very respectful person with a high respect for copyrights and art ownership. Artists create patterns and brushes to gain money, recognition and to help other artists, a little link back or just a mention is appreciated.

If you don't want to do that then don't use their resources in the first place! Pro artists...Yeah right.

Offline Fabiafidus

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Re: Copyright question
« Reply #5 on: February 10, 2011, 03:39:16 PM »
It's not copyright material, you see, its a feature withing the program, that allows you to costumize a pattern.

Lets say we have a very old system, which had only 3 optionals? would it be a copy if i used 1 of those 3 options just because anotehr artist did?

No its not copyright material. It havent changed since.

However, it might be about time it should be some copyright material, since the costumization nowdays are pretty advanced and unlimited of options.

but i place my vote on both sides acturally.

on 1 side. an artist made huge effort to create a brush, but on the 2nd side. another person used the brush to create something themself, somtimes with less, but other times with more effort. either way, they both did effort in their works.

You can see this phenomaenon in Music and remixes aswell.

A DJ gains an income for a performence, based on synths from other producers who gain money from their efforts.  At first glimpse, everyone sees a DJ as a skum who earn easy money on others works, but acturally, you should not judge on what or how or why they copy.

In the end, a DJ performs and create, live. And this requires a huge amount of effort and inspiration, sometimes, a DJ works harder then the original producers.

on a simple view, its like borrowing a hammer from your neighbour to earn credit on something you invented without giving him a fee. There is simply no copyrigth on that part in the law, but it might appear in the near future.

« Last Edit: February 10, 2011, 03:47:22 PM by Fabiafidus »
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Offline Monsterful

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Re: Copyright question
« Reply #6 on: February 10, 2011, 03:44:53 PM »
You're not understanding Fabia, we're talking about this kind of patterns:

http://www.brusheezy.com/Patterns/8743-Classic-Baroque Example.

I can assure you they ARE copyrighted, these are graphics fully created by artists.

Offline Corycaly

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Re: Copyright question
« Reply #7 on: February 10, 2011, 03:57:56 PM »
Fabiadus has explained perfectly the situation but the lawful side of Monsterful is right too.

Another question: is it the same for the brushes since they are considered as tools?

Offline Monsterful

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Re: Copyright question
« Reply #8 on: February 10, 2011, 04:03:12 PM »
A brush is a tool that was created by someone, whether its simple or complex a brush HAS copyright over it, it doesn't matter if the art created with it is 10000 times more complex, if credit (or money if the brush is purchasable) is not given then the artist who used the brush is a THIEF.

The only exemption is when the brush is licensed under a CC non-attribution required license, otherwise a thief with no exemptions.
 
« Last Edit: February 10, 2011, 04:06:06 PM by Monsterful »

Offline Monsterful

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Re: Copyright question
« Reply #9 on: February 10, 2011, 04:14:01 PM »
Lets say we have a very old system, which had only 3 optionals? would it be a copy if i used 1 of those 3 options just because anotehr artist did?

This is wrong since brushes/patterns are not options from a system/program, they're user-created graphics.
It would be the same to say that I can use famous characters like Harry Potter or Haruhi on my designs, they have the same rights as a brush/pattern.

It's not copyright material, you see, its a feature withing the program, that allows you to costumize a pattern.
on a simple view, its like borrowing a hammer from your neighbour to earn credit on something you invented without giving him a fee.

Your neighbor payed for such hammer and now he's "lending" (keyword) it to you, your neighbor DID NOT create the hammer nor is he charging you to use it, he's just lending it to you. The same applies if an artist wants to lend you a brush/pattern, he's "lending" it to you no compensation is required for him (non-attribution required license), otherwise it's art theft.

Offline SaiHawkeye

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Re: Copyright question
« Reply #10 on: February 10, 2011, 04:17:15 PM »
Pablo's first post is accurate.

According to international copyright law, brush patterns are considered an intellectual property that are protected.

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Offline SaiHawkeye

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Re: Copyright question
« Reply #11 on: February 10, 2011, 04:20:14 PM »
Another question: is it the same for the brushes since they are considered as tools?

If it is a digital brush, it is intellectual property under the design category. If it is a physical brush, that would not fall under copyright protection.

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Offline Fabiafidus

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Re: Copyright question
« Reply #12 on: February 10, 2011, 04:52:24 PM »
About the hammer, monsterful it was just an example, lets change it to a stone ... he borrowed him a hammer he made of a stick and a stone. But the point is that its a tool he made. but yet a tool.

A text font, for example is a "digital tool" and are not copyrighted.

But brushes are both classified as a tool and a design. and designs are copyrighted (in general)

But does that mean that if i "design" a new hammer for my neighbour, and he uses it for his invention. Can i sue him law wise? im not sure.

But it can be an endless discusion, they simply had to draw a line and say that it.
The copyright law have allways been such a troublesome law.
« Last Edit: February 10, 2011, 04:57:10 PM by Fabiafidus »
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Offline Monsterful

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Re: Copyright question
« Reply #13 on: February 10, 2011, 05:00:36 PM »
Oh my Fabia sorry I just wanted to express what was wrong with it.
A text font, for example is a "digital tool" and are not copyrighted.

Fabia, Typefaces (the proper term for fonts) are indeed a digital tool, but they just like any other kind of art enjoy the benefits of copyright protection, they're designed and created by typographers.

You have your basic typefaces that come with your computer (you already have the license of these by default), but if you encounter a new typeface designed by somebody else you CANT just take it and use it, it's stealing, they all have copyright protection.

If you design a new hammer for your neighbor and he uses it without paying you for it... What is that? Stealing, unless you gave it to him in purpose and without asking for any kind of retribution.

Offline Fabiafidus

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Re: Copyright question
« Reply #14 on: February 10, 2011, 06:18:23 PM »
you got some points right, but lets take another view. the problem is that people on Deviantart are using brushes made by other artists.

A far as i know, those who use these brushes doesnt earn any credit anyways.

I dont think that marking the deviation as his own would be against the copyright law, since the artist arent earning any credit. he is simply only pointing out that he made the deviation and would like to share it.
Its exactly the same aspect as youtube. they simply share their works.

If you upload a song by WMA to youtube, you are not stealing but sharing, no law can tell you stole that song.
If WMA needs to do something, they need to go for the youtube company. And this is basicly whats going on on deviantart.

You can't rise anything against the uploader unless they SELL their works made by a brush from another artist.
Even if you upload something and call it your own works, even though you didnt make any of it, you can't sue em, because they are just sharing.
« Last Edit: February 10, 2011, 06:21:37 PM by Fabiafidus »
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