Copyright question

[Monsterful]

But you see the problem is that most licenses (except the non-attribution one) specify that even for personal and non-commercial projects credit MUST be given.

People worked hard for their art and they want proper recognition if you're using their stuff.

[Monsterful]

Oh and they may not be earning money, but they're earning web fame and that helps getting jobs a lot.

(darn double post >.<)

[SaiHawkeye]

If you upload a song by WMA to youtube, you are not stealing but sharing, no law can tell you stole that song.

The Digital Millennium Copyright Act is specifically made for the purpose for the copyright holder to be able order a cease and desist on works using their intellectual property without express written permission. Many countries have adopted their own version of this law to be able to trade with the World Trade Organization and to be accepted into the United Nations.

Physical property is treated differently than intellectual property so the examples of the hammer really don't have much to do with this. To make that clear, though, if you steal your neighbor's hammer to create a masterpiece the neighbor has no right to the masterpiece created. They can however demand legal action and compensation for the act of the hammer being stolen.

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.

Even if you are not making a profit from use of an intellectual property, if the original copyright holder sends a cease and desist letter, the uploader has an obligation to remove that artwork. The uploader can choose to redo the artwork with a different type of brush from that point. If you didn't make that art yourself and the copyright holder tells you to remove it, you are also obligated to remove that artwork even if you are just sharing it. An example of the latter is when a website that hosts manga is asked to stop hosting a specific title they must remove all content related to that series.

But you see the problem is that most licenses (except the non-attribution one) specify that even for personal and non-commercial projects credit MUST be given.

This depends on the type of creative license they give to the property but by default you must give credit to the original author unless the author states otherwise. This is why you see many of the big-name Deviant Art users providing links and/or names.

[everlastin01]

actually if they don't have a copyright on it you can use it as your own, but if they do don't because you can be fined up to $150,000.......i would go with using your own patterns

[Hasith]

actually if they don't have a copyright on it you can use it as your own, but if they do don't because you can be fined up to $150,000.......i would go with using your own patterns

Doesn't have a copyright declaration on it doesn't mean those things are free to use. If copyrights are not mentioned on whatever you want to use the you need to contact the owner can take permission. I have seen many do this mistake.

[SaiHawkeye]

That would be correct. There is a limited copyright placed upon an intellectual property at the moment of creation so the owner still has many rights as long as they can defend their case.

I would rather play it safe and use things that have free licenses or check with the original author.

[Hasith]

I would rather play it safe and use things that have free licenses or check with the original author.

+ 1

many might not bother about others using their brushes and things but there are people who mind that. So it's always better play safe.

[Corycaly]

It's very surprising that pro authors ignore everything about copyright. Copyright isn't limited to the pictures, it concerns every creation such as brushes/patterns and backgrounds.

I guess it's more prudent to use only brushes and patterns of your own creations!

[Fabiafidus]

Im not sure if our country have a law for it aswell. but i believe that in japanese law. copyright takes in place when uploaded.

[SaiHawkeye]

Japan's law is limited copyright upon creation as well. Uploading it to a server allows for cases to be made by date of origination and date of access.

Each country has their own laws similar to the United States' Digital Millennium Copyright Act in order to participate in the World Trade Organization and United Nations. This is so that each country respects and enforces the others' copyrights.

Cory and Hasith are both right in creating your own brush. It is very easy to do so with photoshop. There are tutorials all over youtube that teach you how to do it.

[Hasith]

When it comes to web sites or files you host on net where you live doesn't matter. What matters is where do you host those files. if you are hosting your files at US service provider then your files are basically located at USA So those files goes under US copyright laws.

This is why those warez site owners use offshore web hosting providers like Netherlands, Germany or Malaysia. These countries have less strict internet copy right laws than countries like USA, Canada or UK. 

[Corycaly]

A little question: how to make sure people don't use my patterns and pics without my authorisation?

It's very easy to steal a picture and use it...are there ways to protect them besides the usual warning message?

[Hasith]

Not much you can do about. But there are few ways to do it.

01. Posting it in a popular site so you can prove you created it and posted it first.

02. Leaving a copyright massage with notice of ask before use.

That's the best anyone can do without spending money,  I think.

[Corycaly]

Are there some technical solutions?

[Hasith]

Are there some technical solutions?

I can't think of any.