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Copyright Laws
June 23, 2013 09:48:24 AM
What is a Copyright?
In the United States, a Copyright occurs as soon as the thought is put down. They do not need a giant © on their piece of work. They do not need to have it registered with some department. And if they choose to share their creation with others, the internet will stab them in the back LOL. With the invention of the internet, copyrighted material is so readily available. Just because you were able to find it, does not mean it is not copyrighted.

What is Copyright Infringement?
Copyright Infringement occurs when you take part or all of a copyrighted material without permission. This includes but is not limited to smaller tags, avatars, layouts and manips. By using a full body photograph of a horse, but only tracing the head, it is still using part of a copyrighted image.

What is the Creative Commons?
Creative Commons has four categories with different sets of rules, they are: Attribution (must give credit), Noncommercial (can not sell for real financial gain), No Derivative Works (can not alter image), and Share Alike (you must allow your piece to be publically used). These are similar to images considered Stock Images, except they usually have a CC tag some where on their page. Regardless if an image is CC or Stock, it still comes with a set of rules.

Some Basic Rules:
1. Art work is defined as anything created by an individual. This includes but is not limited to: Digital, Traditional, Photographic, and Written works.

2. Assume that everything is Copyrighted. Just because you found an image online, does not mean it is not copyrighted. A copyrighted image does not need to have a © on it to be protected.

3. Credit must be on the image and be visible.

Referencing Vs. Tracing Vs. Copying
1. To reference, is not to trace. Tracing and Copying is considered theft, and violates Copyright Law.

2. Referencing is used to get a general pose idea, work out some anatomy kinks, ect. The end result is a piece that looks similar, but not exact. Where as a Copied piece would look almost like its original.

3. Rule of thumb in the artistic world, is if any piece of your creation can line up and match that of another creation, you have just violated Copyright Law.

4. The only instance where this rule does not apply is if you are practicing your technique. In this case, your post should only be in the Art Gallery, should not ask or mention anything about prices or selling, and should only be a copy of a Creative Commons piece with proper credit given.


Use of Photos
1. If you use a Creative Commons or Stock image, you must follow the rules associated with said image and give proper credits. If you do not follow the stock rules of the image you intend to use it negates the stock release. Most stock images are only placed as stock with an understanding that you will follow the rules and terms of use.

2. If that image is to be given credit, credit must be on the image. Not next to it, not below it.

3. For manipulators and layout makers who use more then one photo, you are also expected to list some where on the image all the proper copyrights.

Giving Credit
Many people seem to not know how to give credits on their manips so here are a few examples for stock used from Deviantart:

Horse: ExampleUserName.Deviantart.com
Background: ExampleUserName.Deviantart.com
Manip: YourUserName Here - YourIDNumber Here

Or

ExampleUserName | ExampleUserName | YourdAUserNameHere | @ Deviantart.com
YourWOSEUserName Here | YourIDNumber Here

Remember, Copyright laws are serious and if an original artist so chooses, they CAN pursue legal action. I hope this is clear and has helped.

Also, giving credit for a copyrighted picture does not remove the copyright. Unless you have express permission from the original owner of the image (and can provide proof of that permission) to edit or create another piece from that image, it is still copyrighted and may not be used.
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Now, I would be a hypocrite if I sat here and pretended I wrote all of this by myself. Credit where credit is due, this was written in part by friend and fellow mod JNFerrigno. I have her permission to post this here. She understands the importance of spreading the knowledge about Copyright Laws. Thanks, Jackie! (even though you don't play this game.)

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