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Thread: Before you copy another artists work off the internet to use in your art...

  1. #41
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    I am sorry if I ruffled any feathers by bumping the thread up again. I just had some questions and ideas based on some observations that I had made recently.

    However, the good news is that I spoke with a librarian today and had a few questions answered. Firstly, I had a similar question to Art101

    Quote Originally Posted by Art101 View Post
    I'm wondering if it is breaking copy write protection to use another person's artwork (AKA image) for non-authorized commercial purposes ... No matter if the original artwork has already been sold (think magazine) or not (think etsy). If it is wrong for one, isn't it wrong for other too?
    For commercial purposes, both are not acceptable. The librarian said that if using such info for educational purposes, it should be cited (like in a school report). For personal art is a grey area, but to err on the side of caution, use copyright free images such as those shared above and in a few of the other threads. She also mentioned that people should be careful about where they post their pictures. For example, some social media websites may allow third parties to sell or access images, but users agree to it when they sign up to use the site. However, they might not fully understand what they have agreed to when they check the agree box. She said this is more for like social media photos than artworks, though.

    So, I guess we will all make our own decisions and choose to trade accordingly.

  2. #42
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    HHC posted a link to a very nice flowchart related to determining fair use in this post:

    http://www.atcsforall.com/forum/show...25&postcount=4
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  3. #43
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    Quote Originally Posted by nightowl_too View Post
    If your criteria is that you are not benefiting from it, you actually are benefiting if you trade. The traded item you receive is your payment.
    Case in point for businesses, bartered income is taxable, for example when it is exchanged property or services through a barter exchange [thus the 1099-B form].
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    Not to say that is wrong or right ... but is that not the librarian opinion? Is she a lawyer? How is she an expert on that? I was a librarian in the past, and had zero knowledge of copyright.

    Kynara, I thought paint my photo was for photos that have to be used on their website? Just confused.

    If it helps, here is a website with royalty free images:

    https://pixabay.com/

    And I am sorry, but the thought of a taxable form for bartered cards just gave me a giggle .... what value are you supposed to put? I think my artwork is worth 1000000000000000000000000000000000000000!!!!!!!!!! !!!! LoL
    Last edited by SunTrade; 02-19-2016 at 06:55 PM.

  5. #45
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    Suntrade, I'm in your boat. Ha.
    Since the 1099-B is used for trade exchanges, the value is what was paid (through barter dollars) for the item. Meanwhile, our ATCs are ..... yes, invaluable, impossible to price, never sold and only traded.
    Last edited by Art101; 03-30-2016 at 08:16 PM.
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  6. #46
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    Quote Originally Posted by SunTrade View Post
    Kynara, I thought paint my photo was for photos that have to be used on their website? Just confused.
    no, not just for their website

  7. #47
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    Thanks Kynara. I used to have an account there, and thought it was under the terms of agreement. Perhaps it has changed.

    I think everyone should relax a little. Most likely trading cards are under the fair use clause. Non-commercial use is often fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use.

    http://www.copyright.gov/fls/fl102.html

  8. #48
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    Quote Originally Posted by SunTrade View Post
    Thanks Kynara. I used to have an account there, and thought it was under the terms of agreement. Perhaps it has changed.
    if you post pictures of your artwork there, it has to be artwork from pictures you got from that site. perhaps that's what you were remembering.

    I double checked the Terms of Service just now and it says you can create art from the photos and can "exhibit, reproduce and/or sell" that artwork. And you can download the pictures for using as reference. You just can't "exhibit, reproduce and/or sell" the photos themselves.

    That pretty much rules out collage, though.


  9. #49
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    All of the comments are very helpful, Copyright covers a wide variety of no-nos. I think it is a very good idea to ask before producing a similar piece of art.
    I cherish every ATC that I receive for artist here and on swap-bot. When you get into copyright then lawyers get involved and then there are 2 more sad artist in the world.
    Inspiration can come from anywhere.
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