The following are MY terms about using MY art and or drawing of my characters. Some people may see this as being mean, or being stingy, but I have had way to many accounts of art theft and or having my work posted on sites I did not approve of or had my characters drawn in ways I would never allow. So I now have very strict guidelines to what I allow and don't allow.
Note: Users MAY FREELY TAKE/COPY/USE the following as either a reference for their own Terms of Use page or just flat out copy it and use it as is. I would just recommend if you plan to use it to clearly read though -all of it- to be sure there's no parts you may want to edit/leave out.
________________________________________________
Art Usage USING MY ARTWORK : While I do understand people would want to take and use my works in one way or another, rather to learn from or just cause it 'looks cool'. However it is not 'cool' to go around and take something someone has worked very VERY hard to create and use it however you see fit. Sorry, but that
is theft. So to put it bluntly,
you may NOT alter, change, recolorize, resize, reproduce/trace, modify, redraw/ or republish, for any means or purpose, in any way shape or form, any of my works found on this site (or other locations I may post my works) without my Specifically Indicated Approval & Permission. Would you like it if someone walked into your home and take a video game of yours with out asking cause they thought it was 'cool'?
POSTING MY ART ON ANOTHER WEBSITE : My works may NOT be saved and posted on any other sites but my own and the few art communities I've joined. DA being one such. In the past I use to allow people (with permission) to post my works on their websites, but that started to lead to those works being stolen, or sites moving and me losing track of where my art was being posted and how it's being used. I've even found my work posted on Russian websites, making communication with them to have it removed near impossible. So I am no longer allowing other people to post my works sans the VERY few art communities I'm apart of.
If you see my art posted or someone posing as me on another site that is NOT listed, then I would like to be notified.
TUBES, TAGS, ICONS, AVATARS, SIGNACHURES, LOGOS , MOVIES: My works may NOT be used for Tubes/Tags/Personal Icons/Avatars/Signatures/Logos/Movies etc on any blogs/forums/communities whatever UNLESS they have been made to be used as such and or given to the person it was drawn for, for the same reasons above. I've seen my work badly bastardized (edited, recolored, people saying that 'made it' ) in avatars or signatures etc. Along with seeing my works popping up in movie side shows alone or among other's works with little or no credit given and with out permission.
Let me make it clear.
THIS IS NOT ALLOWED I don't care if you are 'showing off your favorite art". It is still
theft and not allowed by myself, and a LOT of artists.
If you are however the recipient of a gift art/trade/commission then you are free to use the work as such, so long as you put a visible notification and copyright that I drew the work.
COPYING/REDRAWING/REFRENCING MY ART : While I have no problems with you using my art to reference from and learn, I do however have problems if you copy/trace/color over/eyeball my work. What's the difference? Referencing is looking at something and learning how it works to benefit your own picture (i.e. how markings on an animal look, how a joint moves, how shadows fall, what proportions of a subject are etc). Copying/Eyeballing is looking at something and copying exactly what is there, rather in part or in whole. Coloring over/Tracing something and posting it on the net calming it as your own is theft. You did not draw it, you traced over what someone else drew/photographed, you did not create it, you did not think out where each line should go, how the pose should look, what proportions to use, or wait for just the right moment to shoot with a camera, you copied it. I will not tolerate people tracing/copying/eyeballing my work. This also goes for tracing a work and 'editing it' to add in/change someone to be your own characters.
Copying (aka 'Eyeballing' ) is a term used to mean duplicate. There was a single image that existed and now there are two that look almost exactly the same thanks to your pen, pencil, tablet or whatever your choice of utensil is. If you look at a picture and try to replicate it, EVEN IF YOU CHANGE WHO THE CHARACTER IS, that's called copying, and is against copyright laws... You are replicating the image without the original Artist's permission and claiming credit/ownership of the art.
Using an image for reference is fully fine and is encouraged by a lot of artists and art schools; it's not against copyright laws, as you can not have ownership over a pose. But it's when you get down to copying full aspects of someone else's work (where you can TELL they got other parts from your work, not just the pose)... ie.. copying someone's work, but changing a few things to make it your 'own' character, is still copying, and against copyright laws.. It's seen the same as editing someone’s existing art.
SAVING TO YOUR PC/USING AS WALLPAPER : You MAY however save the works to your Hard Drive (WITHOUT putting them online), as well as printing them out (although I do offer prints), and or set them as your desktop wallpaper. I have no issues with any of that at all, in fact if you find a work you'd like as a wallpaper, I may turn around and make a version of it to be used just for that, and even make it to your monitor size.
________________________________________________
Drawing GuideIn the past, I have had issues with people drawing my characters in ways that I did NOT approve of. Such cases led into a lot of hassles and trouble. That is why I set aside a strict set of guidelines regarding the use of ANY of my characters, original or fan-created.
So if you wish to draw art that involves any of my characters you MUST follow the Terms below.
Characters will retain their original form. Do not draw them as something they are not... Now while a change of clothes is fine, you must stick with what the character would wear. As in; don't put them in something they wouldn't be caught dead in. *Unless you're doing something silly or a joke, but you need to ask first
)
You will not draw or associate my characters in any hateful art that's directed towards a real person, or their own characters. If you don't like someone, then take it up with them.
You will not be drawing my characters doing any form of drug use, or any kind of smoking (unless they do smoke) whatsoever.
You can certainly not draw any of my characters in -any- sexual poses or manner whatsoever. That includs nude, tasteful nude.. or even a censored image. It will NOT be done.
You will NOT draw or have any of my characters as mates/partners/lovers to your own. I have had this issue in the past when someone started drawing my sister's character as a mate to his.. drawing images (mostly sexual) of such and even going as far as doing a story. I outright forbid this. Now, drawing someone having a crush on one of my characters is one thing... But my characters are not free game for you to choose. You can not have them as mates to your characters, and you will NOT draw them as such.
You can NOT sell or make any form of profit on any works you do involving my characters. UNLESS you get my Specifically Indicated Approval & Permission. Along with that, a small cut of the profits would be nice too. You would; after all; be selling something of MY character. It's only right I get something out of it! I would do (and have done) the same for you.
________________________________________________
F.A.Q. You should be happy and flattered that people want to use your art!There is nothing flattering about coming along and seeing your work posted on some website, or on someone else’s gallery, or with someone else saying they drew it. Just cause it's there, or 'looks cool', does not give anyone the right to take something with out asking. Would you be flattered if someone walked into your home and took your TV because they thought it was cool? Or take a family pet because they liked it? Would you be flattered to see your new car stolen? Would you be happy to have a school or job report/homework/project taken and someone else get credit for the work you put into it? I would think not.
But why care so much if someone uses your art?For the same reason above. When you work on something, be it art, a story, or even homework for school, you are taking time out of your life, using the skills you have learned to work on that project. It could take hours, even days, weeks, months depending on the subject matter to get it done. It takes 2 seconds for someone to come by and steal it. Would you like having a big collage final that you spent months preparing to turn in only to have a classmate take it and turn it in instead with their name on it? I personally HAVE seen that very thing happen when I was in collage. The person that had their work stolen was fare from jumping up and cheering for joy.
I can still use your work so long as I change 10% of it, then it becomes mine.Many people believe the "myth" that if they change an existing work a percentage (10%, 30%, etc.), then they can legally use what ever it is they changed. Be advised:
that is not the law. 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 something 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 work was not considered infringement because the original work 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.
The following is from the DA Copyright Policy & the DA FAQKey parts are
Bolded________________________________________________
FAQ #8: What does deviantART consider to be Art Theft?
Copyright Infringement (aka "Art Theft" or "Ripping")Current deviantART policy defines 'Art Theft' to be any situation where a user takes the original art, photography, or writing of another person ( a 'third party' ) and then either misrepresents the original, unaltered work as one of their own creations or includes the work (either altered or unaltered) in a new image.Generally speaking
any submission which is directly built upon the existing work of another artist or photographer can be considered to be a case of art theft. These works may feature screenshots, official artwork or sprites taken from a video game, scans from an art book, artwork found on a website somewhere on the internet or a photograph of a famous person (just to name a few examples), but in every case the 'seed image' is the legal property of another artist. In many cases these 'seed images' are manipulated, colored over, blended with other images, and otherwise digitally worked over but none of this makes the use acceptable or allowed.
These submissions will be removed regardless of whether you have credited or linked back to the original source. Knowing where you ‘found’ the original image or knowing who created it or took the photo is not the same as actually having the legal permission to use it in your submission.
Only valid, legal, stock resources are allowed to be used as part of your deviantART submission. Public Domain imagery and works governed by certain Creative Commons licenses may also be used.
________________________________________________
FAQ #306: Does "Crediting" let me use whatever I want?You must obtain written permission from the proper and legal owner of any work which you wish to use, credit alone does not replace this requirement.
Official written permission or license is required whenever you wish to use artwork or photographs created by someone else; it is also required if you wish to use screenshots, official artwork from a video game, scans from an art book, or any other source material which is considered the legal property of another person.
Permission is still required even if you have planned to manipulate, color over, blend the original with other images, or otherwise digitally work over the original work.Explicit permission is not required when you choose to use valid stock resources. Please check your sources carefully to ensure that they are valid stock.
________________________________________________
FAQ #572: What does deviantART consider "Fan Art" to be?The type of fan art which is deemed acceptable for submission are those work in which the submitting artist has done 100% of the work. This means that the artist had started with a blank slate and perhaps a reference (a pose, character, location, or other source) and proceeded to draw, paint, or otherwise create every line and place every color with their own hand.
When copying from an established source it is considered good etiquette to credit your source.
Also please note that it may be considered unacceptable to precisely duplicate another existing work by directly tracing or reproducing every single detail so that it is difficult to tell your work from the original, so please be certain to add your own personal touches and style.
Unacceptable submissions may feature screenshots, official artwork from a video game, scans from an art book, a photograph of a famous person, or similar items but in every case the source material is considered the legal property of another artist. In many cases these 'seed images' are manipulated, colored over, blended with other images, and otherwise digitally worked over.Due to the fact that these pieces contain the works used without legal license we must prohibit their submission here. These unacceptable pieces will be removed as they come to the attention of the administration.
________________________________________________
What is Copyright Infringement?To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
Some examples of copyright infringement
(this is only a partial listing) can include:
Placing a photograph or creative work online without proper permission. Using a creative work commercially.
Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting.
Modifying or editing a creative work without proper permission.Some CautionsIn most cases it does not matter how much of the material you have used. Whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be copyrighted and you still require the owner's permission for use.
It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.________________________________________________
How Can I Avoid Infringing on Someone's Copyright?The best way to avoid infringing on the rights of another creative person is to
use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before,
when used in copyright matters "original" means that you created your work without referencing or deliberately copying anyone else's work during the process.Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.
________________________________________________
What Happens When You Submit Infringing Works to deviantART?When we become aware that a deviantART submission infringes upon the copyrights of another artist, creative person or company, we will immediately delete it.
This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require deviantART to remove his or her copyrighted content.
If you believe that a submission on deviantART infringes upon your copyright you may either report the submission using our internal reporting system or send us a copyright notice via email. A member of staff will review your notice and resolve the situation.
If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice. A member of staff will be made available to you so that the situation can be properly resolved.
If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated.
If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.