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May 5, 2012
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Comments: 8
Favourites: 0
Views: 8,243 (1 today)
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Blacklisted and Copyright infringment

Journal Entry: Sat May 5, 2012, 11:02 AM
:iconbest-textures::iconmastergimpers::iconall-resources::icondigital-brush-depot::iconressources-atoz::iconactionsandbrushes::iconwalkthrough-rookie::iconscifistock:

Skin by *KonekoD


Spanish,and all native language be resourceful to translate this.This will not be a reason.

Rules of DA :
FAQ #8: What are violations of the deviantART copyright policy?
FAQ #257: What sort of permission do I need to use someone else's work?


*YOU share resources ,without permission from the original artist, as PACK like your BEST BRUSHES OR FAVORITE (RESOURCES) , AND SIMILAR from artist work without permission,this is a violation pure and simple.

*YOU host a website sharing artist work without permission,is a violation of the copyright and can be pursuit even if the work is freebie.Free is free , download in return for money is a violation.Read the Bern convention.DMCA-OCILLA-WIPO LITERARY AND ARTISTIC WORKS.

*YOU need to know : Webmaster sharing your work;(letitbe,fileshares and all of these family link for download give reward to the owner of the link where the download are coming from with the quantity  of download they will have ,don't think its free when you use these link, they make money with your work and download in return).This is the major reason why many of these websites share are closed today.Almost 95% of the resources from these websites are coming from DA and similar artist websites.Pay attention before to add these link to your work as credit,you can be reported,be resourceful to find the original."TIPS ,DO NOT DOWNLOAD FROM THESE WEBSITES"

*Artist sharing manipulation work = Abuse of this without proper credit breaking the rules will be considerate no respectful and will be reported.

*Deviant will be reported to DEV.
*Webmaster will be reported to the
Hosting websites

Now FYAQ:For Your Asking Question

Can't I download an image and put it online?


If you are not the original creator or copyright owner of the image, you cannot legally redistribute that image. Downloading image and placing it online is redistribution and it is a breach of copyright.

Example ,you cannot legally create a "fan site" using copyrighted photographs without the expressed permission of the photographer or copyright owner.

But I'm using a photo of my favorite singer as an avatar in the forums and/or on my webpage, that is okay ... isn't it?


Most likely, no.

However, if you took the photograph yourself, then the photograph belongs to you. If you purchased a license from the copyright holder to use the photograph, then you may use the photo without breaching copyright.

But, if you are using a photograph (you have scanned the image or taken the image from a site online) that was taken by another photographer, you are illegally violating the copyright of the photographer and/or management company of the performer.

Just because an individual is in the "public eye" as a performer (singer, actor, politician, etc.), you cannot legally use the images without the expressed consent of the copyright holder who is usually the original photographer and/or the performer's management company.

Be advised, in most cases, public performers use what is entitled Publicity Rights and do not allow the unlicensed use of their likeness on anything (including personal websites, fansites, etc.) because it implies that the performer endorses the website, individual, etc. Many lawsuits have been brought, litigated and won against individuals for the unlawful use of a performer's likeness.

Be advised that publicly displaying an image of anyone without their expressed permission is a breach of their Privacy Rights.

I learned how to make an image with a tutorial. Is that image mine?


If your resulting image from the tutorial is a reproduction or derivation of the tutorial writer's original image, the image you created is not held in copyright to you.

The tutorials are copyrighted to their creator. The original image is in copyright to its creator.

The use of images created from these tutorials are restricted to and by the terms of use (license) of the tutorial writer as the creator of the original image.

However, some techniques may not be copyrighted due to the limitations of methods or procedures to accomplish a task, create an effect or produce a file.

Fonts and dingbats can't be copyrighted, right?

Wrong.

Fonts and dingbats are copyrighted. As such, to share fonts, place them in a collection, make them available on your site for download, distribute them in newsgroups, etc., without the expressed permission of the copyright holder is an illegal act of redistribution.

Purchasing a font online or on a CD grants you "license" to use the font provided you follow all of the Terms and Conditions of the license.         

Many font and dingbat makers restrict the use of their property in redistribution in the form of collections, and in the creation of tubes, brushes or nozzles aided by the font or dingbat.

Will watermarking my images protect them from being stolen?

No. Watermarking simply provides the copyright owner with specific identification properties to mark their images.

Watermarking is no different than engraving your name or identification information on your VCR. If stolen, you can readily identify the VCR in court and before the authorities.

The identification, however, does not prevent the items from being stolen.

I found a website using someone else's original property but it does not seem like they have permission to use it. What do I do?


While is it very disturbing to see the alleged theft of original art, it is a matter between the artist whose work is being violated and the alleged violator.

You and/or R.I.G.H.T.S. cannot legally confront an alleged violator due to the laws against harassment, slander and libel. In addition, the only recourse is to notify the original creator of the alleged violation by sending a polite, considerate email containing the URL of the alleged misuse of her copyrighted intellectual property.

Only the original creator/writer (or there assigned agents) have the legal right to confront the alleged violator regarding copyright infringement.

Can't I take an image and change it to make it mine?

No. Because one of the exclusive rights granted under copyright is the individual right of the copyright owner to create derivative works from their original copyrighted material.

Modifying or altering an image is infringing upon the copyright owner's rights unless expressed permission is granted or the modification falls under fair use (which is highly unlikely).

In a few court cases, a modified image was not considered infringement because the original image was no longer recognizable due to the extent and variety of the alterations.

Altering or modifying published works is strongly not recommended because most artists, writers, musicians, photographers, etc., can recognize their own work even through modifications.

Many people believe the "myth" that if they change an existing image a percentage (10%, 30%, etc.), then they can legally use the image. Be advised: that is not the law.

How do I find out who is hosting a website?

There are three basic types of web hosting options: a registered domain host, an ISP site host, and a free webspace site host.

• Registered domain host - This is a site that has a unique domain name that has been purchased for the exclusive use of the website. For example, www.RightsForArtists.com is a unique domain name. When a domain name is purchased, the name has to be directed to specific server DNS codes. These servers are owned by the host of the site. All domain names are registered in main databases and the host information is available to the general public.

To find the host of a site that has a registered domain name, simply go to any WHOIS engine and search the database. R.I.G.H.T.S. uses BetterWhoIs located at [link] because it offers a comprehensive search that looks through all registrars' databases.

Enter the domain name: RightsForArtists.com (the www. is already provided)

Read through the resulting data to find either "Name Servers", "Nameservers" or "DNS Servers"; that data would be displayed as:

NS.domainname.com  (or .org, .net, etc.)
NS2.domainname.com  (or .org, .net, etc.)

Although the actual domain name may have been registered "anonymously", the server who is hosting the site will always be listed.

In the case of RightsForArtists.com, the name server is "newdream.net". Simply go to newdream.net and follow the site to the web host information.

If the nameserver information does not directly lead you to the host website, repeat the WHOIS on the listed host's NS information.

Read through the host page(s) to find their own Terms of Service; locate the clause referring to the illegal use of copyrighted material.

Find the email address of an administrative contact or "report of abuse" contact. If they only provide an online reporting form, complete the form accurately and provide all the required data.

•Internet Service Provider Hosted Site (ISP) - These sites are commonly recognized by the extension of a tilde ~ following the ISP main address. Basically the site is being hosted by the same company that the web site owner uses to login to the internet.

The URL may look like this: [link]

The "www.ussouthcenter.com" is the host. Read through their page(s) to find their own Terms of Service; locate the clause referring to the illegal use of copyrighted material.

Find the email address of an administrative contact or "report of abuse" contact. If they only provide an online reporting form, complete the form accurately and provide all the required data.

• Free Web Site Hosting Services - These sites allow web pages to be loaded to their server without charging the website "author" for the server space; instead the host/server places unremovable advertising on the pages to generate revenue. The URL of the site determines which free service is being used.

Read through their page(s) to find their own Terms of Service; locate the clause referring to the illegal use of copyrighted material.

Find the email address of an administrative contact or "report of abuse" contact. If they only provide an online reporting form, complete the form accurately and provide all the required data.

See "Definitions: Notice of Claimed Infringement" or "Examples: Letter to a Site Host"

The data contained within this site has been reviewed and edited by a copyright attorney. However, the information provided within the pages of R.I.G.H.T.S is not implied or direct legal advice. For all matters involving copyright, please consult an attorney.


BERNE CONVENTION FOR THE PROTECTION OF
LITERARY AND ARTISTIC WORKS
and WIPO Copyright Treaty

The Online Copyright Infringement Liability Limitation Act (OCILLA) is United States federal law that creates a conditional safe harbor for online service providers (OSP) (a group which includes internet service providers (ISP)) and other Internet intermediaries by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the "Safe Harbor" provision or as "DMCA 512" because it added Section 512 to Title 17 of the United States Code. By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users.

In addition, the Digital Millennium Copyright Act in 1998 makes it illegal to remove Copyright Management Information from protected works.

Black Listed DA

Deviant blacklisted :
Deviant sharing resources and listed : Sharing artist resources, without permission, the work of someone elses.Without respected rules.

Group blacklisted :
Group admission post and share theses work are also blacklisted.

Available to resources artist and Dev of DA .

People LISTED,will receive a comment "LISTED"

Now group and fan,even friends sharing my resources in pack or in "MY BRUSHES,MY FAVORITE BRUSHES AND ALL OF THESE CRAP" will be banned.

By the way group accepting submission work from deviant sharing artist resources will not be able to share my work more,and deleted from their group.

  • Mood: Joy
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:iconwdwparksgal-stock:
Mood: Love =WDWParksGal-Stock May 11, 2012  Hobbyist General Artist
I doubt if I will get so many pageviews in the next few years even if I combine both of my sites! Many congratulations :aww:
Reply
:icondragondew:
Congratulations dear Frostbo! Though I'm not at all surprised, your wonderful work is inspirational to so many people!:hug:
Reply
:iconseancatt:
Hey Frost..... your work is awesome. thanks so much for letting us all use it.
It's really asppreciated... :)
Reply
:iconrandy-ambrosen1:
*Randy-Ambrosen1 May 5, 2012  Hobbyist Traditional Artist
Couldn't do it with out you.
Reply
:iconirisuediting:
Mood: Love ~irisuediting May 5, 2012  Hobbyist Digital Artist
love love love love love love love love ur work!! uve helped so many with ur resources!! <3
Reply
:iconmarazul45:
*Marazul45 May 5, 2012  Hobbyist Digital Artist
OOH! a lot! congratulations, and keep doing what you know!
Reply
:iconii-s:
875000, wow, that's a number !

Congratulations ! :D
Reply
:iconybsilon-stock:
Many greetings to you my dear Friend Frost and you know, I looooove your wonderful stocks... they are now best quality, so nothing to do more better... we have rain, so I love the rain ;-) best wishes to you :heart: :blowkiss:
Reply
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