Deviantart Copyright Question?

Deviantart Copyright Question? Topic: Media research source
July 22, 2019 / By Dorothy
Question: I've just joined DA recently and I'm at a bit of a loss about copyright rules. I've posted up drawings I made that were referenced from images online and from books. I credit all the sources and I don't sell those drawings. But, according to this page (http://about.deviantart.com/policy/copyright/), an example of copyright infringement would be "Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting." Also, it says there "It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission." What do you think? Should I delete those posts or is there something I am missing about copyright rules? I've been researching all over the place and I'm am pretty confused.
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Best Answers: Deviantart Copyright Question?

Catharine Catharine | 7 days ago
It doesn't matter whether you cite your sources, and it doesn't matter whether you're making money. The owner of the copyright has the right to give or refuse permission for just about any use of their work, and unless you have explicit permission, it's assumed that the owner has NOT given permission. There are some exceptions. If you're quoting a small part of a work in a review (or using a small clip from a movie), that's OK under the "fair use" exception. If you're satirizing something, that's sometimes OK. But in general, copyright prevents you from using the work unless you have gotten explicit permission from the owner.
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Catharine Originally Answered: Copyright question. i asked a question last night about makeing sculpture of a popular anime character?
The other respondent is incorrect on several counts. First, copyright most certainly does apply to both the anime and to sculpture. To state otherwise is to demonstrate profound ignorance of even the basics of copyright law. Second, it does not matter at all whether or not the works are to be sold. The selling of a work has absolutely no effect on the applicability of copyright to it. Again, anyone with even a casual understanding of copyright law would not have gotten that wrong. What you propose to create would be a "derivative work." That is, you propose to recast, reshape (no puns intended), or modify a work that is copyrighted. In the copyright laws of every nation (and in international treaties), the right to create derivative works of a copyrighted work belongs ONLY to the owner of the copyright in the original work. Therefore, if you (who do not own the copyright in the anime) create a derivative work of the anime, you would unquestionably be committing copyright infringement. (See Section 106 of the U.S. Copyright Act, for example.) Sometimes, creators of copyrighted works are tolerant of derivative works created by their fans, because they do not wish to haul their biggest fans into court. That tolerance usually ends as soon as a person starts to sell or otherwise distribute the fan-art. Basically, you would be putting yourself in a position where you have a gun to your head, and you would just be counting on the person holding it to not pull the trigger. That is not a good position to be in. Even if they were okay with it for thirty years, they could just decide one day that they're not ok with it anymore and cause you an awful lot of trouble. There is also the possibility that you would be infringing trademark, in addition to copyright. If your work could create the impression that it is authorized by or actually from the actual anime creators, you would be violating trademark rights. It does not matter whether or not anyone is ACTUALLY confused; just the chance of confusion is enough to violate the law. Therefore, the better your work is, the more likely it would be to violate trademark rights. In sum, two lessons: (1) use your creativity to create sculpture from your own imagination instead of trespassing on the intellectual property rights of others, and (2) ignore the "legal" advice of Yahoo users (like that earlier respondent) who do not present any indication that they actually know the law. Happy sculpting!
Catharine Originally Answered: Copyright question. i asked a question last night about makeing sculpture of a popular anime character?
boredbook (?) the lawyer has your answer... nowadays artists have to have some knowlege about copyright law or face getting into some trouble. it may not be difficult to get license from the producers for your project, though. it never hurts to ask what the price of license is...(they rarely just give anything away, but if you show willingness to pay and let them know what your project entails, they will be more willing to work with you).
Catharine Originally Answered: Copyright question. i asked a question last night about makeing sculpture of a popular anime character?
CASTING IS EASY TO DO.....you make a copy of the final item out of oil based plastacine clay...its used in claymation,,, it won't harded because it is oil based..surrond the item with plaster leaving the base open. after the plater dies slowly remove the clay from inside. pour resign or liquid rubber into the mold ;;;;when drie you know have a master that you can repeat the process on
Catharine Originally Answered: Copyright question. i asked a question last night about makeing sculpture of a popular anime character?
yea u can make them as long as u dont sell the cuz its not copyright if u dont sell them so go ahead and make them and i love lots of anime expesily naruto and fullmetal alcamist haha

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