Good luck to all ne
(To the Users who already catched a Kiriban, please don't catch this one, I want that others have the chance to get a drawing okay )

For the people who don't know what's a kiriban:
A Kiriban is a little present for the users. Everytime when my counter shows a lucky number like 11111 or 12345 (this time it's 50.000), make a screenshot and send it to me. I'll thank you with a Kiriban picture. --> so a drawing from me for you ^_^



after the "fake art thief account" (I don't think it's fun to open an art thief account!!) got closed there were many discussions about it.
It seems to be a hot topic

Now I want to upload the difference between an art thief and an artist who draws FANARTS again.
well just to make something clear!
I'm not an art thieve and I don't act against the copyright of Capcom or other Artists!
U would have to tell 4-8 million other people that they draw copyrighted characters!


Something about art theft.
It was written by here the link to it: [link]
(please fav it! It's damn great!)

1. you see artwork
2. you didn't draw this artwork
3. you use it without asking the artist anyways, for whatever reason.

It doesn’t matter where you find the piece, maybe a search engine; maybe a friend sent it to you. But here is how it works. If the person who drew the picture or holds the rights to the picture did not give you expressed permission to use it, you have stolen it. It is NEVER ok to assume that you have the right or permission to use it. Maybe you found it on a foreign site and you do not speak that language? Tough shit, if you can’t ask the artist for it and they can’t give you permission to use it, you can not use it.

Yes, it is THAT simple.

What is and isn’t stealing you ask?

Sharing:

1. Showing your friend through MSN or IM – no this is not stealing, you are showing artwork to your friend, you are not displaying it publicly or anything on a forum or on photo-bucket, etc.
2. What if I put it up on photo-bucket? – if you do not immediately take it down, photo-bucket IS considered a ‘gallery’ site, and leaving it in a public gallery to be access is indeed theft.
3. What about if I’m just showing it off on a forum? - always, always, ALWAYS link back to the artist with full credit and NEVER take credit for this work. If you can’t remember where you found it, you can’t post it, it is theft.

Copying and Tracing:

1. Copying a pose/outfit/character – most artists don’t care so long as you don’t post the work and claim it as your own. Referencing pictures is not considered theft. Copying things from pictures is. What’s the difference? Referencing is looking at something and learning how it works to benefit your own picture. Copying is looking at something and copying exactly what’s there. This could be simply a pose or an entire character.
2. Tracing – tracing something and posting it on the net claming it as your own is theft. You did not draw it, you did not create it, you copied it.

Copying and Tracing varies in degrees of severity. If it is a major part of your work, like the pose provide credit. If you are outright using the character or part of the character design (like the outfit) then always ask permission before posting it. This doesn’t apply to fan arts, but it never hurts to ask.

Fan Art:

1. I drew so-and-so a fan art of their character – If you post it, ALWAYS send the owner of the character a link. If they ask you to take it down, respect that, but most wont, most artists are thrilled to receive fan art. Always credit the creator with a link to their gallery/site in your description for the character design. If not, you are stealing their character.

Using:

This applies to any kind of usage of a picture. Want to make wallpaper? Layout? Blog? Theme? Want to color it? It is this simple: No expressed permission from the ARTIST to use the image = theft.

1. What about personal things? Things that will never be shared or posted on the net? – this is generally considered fine, most artists don’t mind if you make yourself a wallpaper or theme for your computer so long as it NEVER leaves your computer. This is a touchy subject for a few artists, it’s always best to ask anyways.

Most artists are very liberal with their works unless it is from a personal series or one of their characters. You need not fear asking permission to use a work, here is the best way how.

How to ask an artist for permission:

1. Introduce yourself – a real name is always good as well as whatever alias’ you may use. If you are asking someone through DA, provide your DA name, if you are contacting someone from another site; provide a link to your site.
2. State which piece you are requesting to use – Provide links, most artists have many pictures and do not always know to which piece you are referring to. “That one of Link” that I get a lot, NEVER helps me, be specific and give the artist links to the works you are referring to. Always be specific “Can I use your art?” will never cut it.
3. Tell the artist what you want to do with it – If you are going to make a wallpaper, tell them you want to make a wallpaper out of it.
4. Always tell the artist where you will be putting it – If you want to offer it on your website, say so. “I want to offer the wallpaper on my site for others to use”.
5. Ask what kind of credit the artist would like for it – Some artists may request a link back to their site on your site under the wallpaper, some may want you to include credit on the wallpaper itself. This is ALWAYS up to the artist, do not presume anything. If you are looking to offer only one kind of credit. “I will only offer a link back to your site under the wallpaper” while an artist wants their site right ON the wallpaper, it will not work out. If you have an unbendable method of doing this, tell the artist.
6. Let the artist know you will let the see the complete product – An artist shouldn’t have to request it; all artists want to see what people are doing with their works.
7. Ask the artist if they have any special requests/requirements/guidelines.

Always be polite, never demand. Never apologize for ‘bothering’ them. Artists appreciate people asking permission first. A lot of artists may actually give you higher resolution, unwatermarked copies to work with if you come across well enough. If an artist let you use their art, it is ONLY for the requested purpose. If they give you permission to make that wallpaper, you may NOT go ahead and make a layout as well.

Coloring an artists work is using their work. This varies very much from artist to artist, some will be very open to it, others will not be. If you are asking to color a piece of lineart, always ask if there are particular colors the artist wants you to use. If you are coloring a very personal character of theirs, the least you can do is color it the proper colors.

And that is all I have for you today folks. I’ll add more as it comes up, but I hope this is helpful to you, or at the very least, didn’t make your brain bleed. I believe every person knows when they are stealing someone’s work. There is never an excuse to do it.

(this is all about Budgie!!! but I feel the same hehe X3)
Below are some FAQ people have asked in the past about having art stolen:

Q. Are you ever flattered someone though your work was good enough to steal?
A. No, never. A thief doesn’t use your piece because they love it; they use it because it is there. If not my piece, then someone else’s. There is no flattery in this. Say you built an amazing computer, from scratch, a nice, custom computer that is amazing, and then someone steals it. Would you be flattered or pissed? You repaint your car, awesome. Someone steals it and keys it. Are you flattered or pissed? Someone tapes you making an AMAZING sports play, then goes around claming that it was them out on the field. Are you flattered or pissed? I’ll tell you what, you’re pissed.

Q. Why do you get so touchy about someone stealing your work? Why don’t you just let it go?
A. Because every artist puts a little piece of themselves into a work. It can take months and months to finish a piece. It takes 2 seconds for someone to steal it. If someone stole your most precious possession, and you know who it was, would you just let it go? If you take pride in crafting or designing anything with your own two hands, you would understand this concept.

Q. Do you consider using stock theft?
A. If they follow the stock artist’s guidelines? Then no. If they break the rules, then yes.

Q. Why wont you let me use this piece!? I Asked!
A. If an artist says no. It means NO. Letting you use a piece of art is a privilege, NOT a right. If an artist says no, then bloody well respect that. I’m very liberal with permission to use wallpapers, fanarts and random characters that I do, but I rarely give permission to use a piece from say one of my manga.


End of Budgies Guide X333

Thanks so much that u allow me to post you in my journal!
It was very helpful for me because my English isn't the best.



THE ARTISTS WHO DRAW FANARTS X3


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They are FANART

Fan art or fanart is artwork that is based on a character, costume, item, or story that was created by someone other than the artist. The term, while it can apply to art done by fans of characters from books, is usually used to refer to art derived from visual media such as comics, movies or video games. Usually, it refers to artworks by amateur artists, or artists who are unpaid for their fan creations--so that, for example, a professional comic adaptation of The Lord of Rings movie would not be considered fanart while a version done by an unaffiliated fan would be. The distinctions here cannot always be finely drawn and the actual status of particular works can often fall into a gray area.

Copyright

The legal status of fan made art in America may be tricky due to the vagueries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C Section 107. However, fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful. However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption. Generally small excerpts from larger works that have no financial impact on the original and that are done for non commercial purposes could be considered a fair use (depending on a number of circumstances). American courts also typically grant broad protection to parody and some fan art may fall into this category. This is a legal gray area, however, and legality can often not be determined under after litigation has concluded.



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I don't act against the law, I'm just a fan who draws the things I like!
I name the Copyright holder on all my drawings!
I don't make money with my art!
I just draw them to share them with others.
hope that's clear now!

That's why I COPYRIGHT my ARTWORKS because I made them in many hours, I draw them with my heart because it makes me happy. I love to share it with others because there are so many DMC lovers on deviantart and most of them are my friends.
I don't want that anybody steals my work even like someone tolde me "it's okay because you gave them original poses(omg)"
hey why OMG?
I need hours to draw and colour something good!
I think everybody would also be very angry if someone steals their hard work!
And there are many artist who fight for the right of others and we all hate art thieves!
The thing your bro did wasn't fun! He acted against the copyright and also the terms of deviantart!

Here is also a damn great journal about art theft and copyright by : [link]

hope that case is closed now!
Thanks for your attention



All my pictures are Copyright Evil Siren/Verena Eßbüchl.
You don't have the right to use my art without my written expressed permission.
If you want to use one of my pictures (or a part of them) for your forum signature or an avatar, then ask me first, please.
Thanks for your understanding.