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Copyright RulesMANDATORY READ


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#1 winter soldier

winter soldier

    current sexuality: the winter soldier

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Posted 18 October 2015 - 05:58 AM

Overview

 

TDA, as an artistic community, takes copyright very seriously. However, we also endeavour to understand that it can be hard for members and artists, particularly new ones, to understand and comply with copyright. This topic is intended to be a guide - and hopefully one that is easy to understand - that covers what you can do, and what you can’t.

 

Please click on the link to the section you’re interested in

 

  1. Overview (this post)

  2. For artists

    1. Finding images

    2. Creative Commons and licenses

    3. Public domain images, model photography, movie and TV images, and other types of images

  3. For requestors

  4. For commercial requestors

  5. For rights-holders

Ripping

 

Ripping means taking portions of someone else's graphic, or using another artist's PSD by simply copying their layers onto your graphic and then passing it off as your own - please note that for that reason we have a blanket ban on PSD use, meaning: no PSD's can be used as a resource for your own graphics, unless they are of your own creation.

 

If we catch anyone ripping, it will result in an automatic demotion and 6 month promotion ban or even a full ban from the site, depending on how severe the ripping was.

 

Disciplinary system and repercussions

 

1st infraction: Verbal warning only as we understand it's not always easy to think of copyright if you're not used to it as a new member or an artist coming from other graphic sites with less strict copyright rules. Further, we understand that this is a complicated area of our site rules (and of the law in the outside world!) and hence the rule is loose for earlier infractions.

 

2nd infraction: Warning point raise + second verbal warning.

 

3rd infraction: Demotion (if applicable) and 6 month promotion ban.

 

4th infraction: Ban.

 

This is just a rule of thumb. Most of the time we rule on a case by case basis.


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#2 winter soldier

winter soldier

    current sexuality: the winter soldier

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Posted 18 October 2015 - 06:15 AM

For artists

 

Finding images

 

As a rule of thumb: any site that merely reposts other images without crediting their source is NOT safe to use! Example of this are: Google images, tumblr, weheartit, imgur

 

If you are not sure if an image is safe:

  • Check the copyrighted image master list here

  • Read over this guide

  • Use a reverse google image search (see here) to try and find out the original source of the image

 

Check the copyright image masterlist, as known copyrighted images and websites will be listed here: The Copyright Image Masterlist . Anyone using images from this masterlist will be breaking our copyright rules.

 

Good images sources found by TDA members are:

 

deviantART

Stock Unrestricted (group)

Unrestricted-stock@DA

UnicornReality@DA

Ransie3@DA

night-fate-stock@dA -- rules for stock

vikyvampirs90@DA -- terms of use

noczvijezda-stock@DA

AshenSorrow @ DeviantART she just needs credit

Claudestine-stock @dA Credit not necessary but appreciated.

chaoticfae@DA

masterjinn@DA

amptone-stock @da credit

lucieg-stock @da -credit

steppelandstock @da -credit

crazykira-resources @da -credit

adaae-stock @da -credit

candycrack @da -credit

cosmos-resources @da-credit

hybrid-genesis -credit

redheadstock @da -credit

f3rd4@DA -credit

 

flickr

Jeff Kubina on flickr has some nice photos that are posted under an attribution license (i.e. you have to credit him). Be sure to check the license on each picture, because he has some that are fully copyrighted and others that he doesn't want used for manips. But there are plenty that are fine to use. :)

Also Rick Harris on flickr.

 

other

Creative Commons Search - best for image searching through google or flickr.

celestial-star. - credit

Magdeleine + - check individual images - some require attribution, some are released to the public domain

 

for the following sites no credit is needed:

unsplash.com +

little visuals +

new old stock +

Public Domain Pictures +

pixabay.com +

morgueFile.com +

photocollections +

streetwill +

Life Of Pix +

epicantus +

picjumbo.com +

 

contributors: (sol), wanderlust., !lifeisasong, .brookeabee, Professor Snape, Brighid, SwissMiss, Astariel, hayley jade, Crookshanks

 

Please always check our Copyrighted Images Masterlist


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#3 winter soldier

winter soldier

    current sexuality: the winter soldier

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Posted 18 October 2015 - 06:29 AM

Creative commons and CC licenses

 
Many sites use CC licenses to indicate how the image can be used, if at all. You can undertake a creative commons search here and read about creative commons licenses here. A website that follows this model is flickr.
 
Each CC license contains different stipulations, and they can range from being very restrictive, to quite free and only requiring attribution. Here is a rundown of what the terms mean:

  • Attribution: requires credit
  • Noncommercial: image cannot be used in a commercial way
  • Share-alike: this requires you to  share-alike, meaning that you must distribute your own graphics under this same type of license
  • No derivatives: this disallows modifying, transforming, adapting or building on the image - hence, it cannot be used for graphics

​​You are free to use images that fall under the following licenses on TDA, however you cannot use them for commercial purposes: 

  • Attribution105d6pv.jpg
  • Attribution, noncommercial cojgy.jpg
  • Attribution, share-alike, noncommercial (but remember, you must comply with share-alike) 14vqjo8.jpg
  • Attribution, share-alike (but remember, you must comply with share-alike) qnvdwl.jpg

You cannot use images that fall under the following licenses:

  • Attribution, no derivatives 1z3neja.jpg
  • Attribution, noncommercial, no derivatives 2iw9ah5.jpg
  • All rights reserved

Using creative commons search

 
You want to avoid this: 

2hydrvn.jpg
 
Therefore, select the following search options:
 
358e64h.jpg
 
Your search options should have things like this:
 
1zce7go.jpg
 
Click on the license (the bit that says some rights reserved) to find out more about the specific CC license applied to the image youve chosen. You are free to use images that fall under the following licenses (this information is in the green box at the top of the license page):

  • Attribution 
  • Attribution, noncommercial
  • Attribution, share-alike, noncommercial (but remember, you must comply with share-alike)
  • Attribution, share-alike (but remember, you must comply with share-alike)

PLEASE SEE THE IMAGES ABOVE ONCE MORE.
 
If youre confused or have questions, feel free to PM a staff moderator or an administrator.
 

Tumblr, Google, etc
 
These are websites that regularly repost other images. Therefore, they are not the original source.

 
DO'S

  • Check for a link to a source, and if there is one, follow it and check for copyright information there and comply with it. Credit that source, not Tumblr, for example
  • If there is no source link, do a Google reverse image search (see here) to try and find out the original source of the image
  • If the image has a watermark, as a rule of thumb do not use it - that generally means its copyrighted
  • Some tumblr pages will be used to host image and texture packs. If this is your situation, make sure to check the crediting requirements for that pack and the copyright information present. 

Public Domain

 
Public domain images are free to use, generally both for commercial and noncommercial purposes. 
 
There are many places you can find public domain images (a Google search is good)! Here are some examples of public domain and free to use image sites:



Images from movies, tv shows, music videos, etc.

 
The stance: these images may be used in graphics and credit should be given to the site/creator. However, please be aware that this is at your own risk as most of these images will, undoubtedly, fall within copyright unless they have passed into the public domain (in many countries this is the life of the creator + 70 years). This is the case with all fan art (and is also the case when it comes to use of characters, plot devices and names in fanfiction).
 
DO'S

  • Use screencaps and promotional images from TV shows etc., crediting your source for these images. If you took the screencaps yourself, there is no need to specifically say that

DON'T'S

  • Use images with a watermark on them (as these will be far more obviously copyrighted)
  • Use images without crediting from a gallery or use screencaptures created by someone else that requires credit,
  • Claim you own these images

Images of models, model photography, magazine editorials

 
The stance: these will be highly dependant on circumstance. Please make sure to check the website youre looking at, look for the actual source of the images (sites like Bellazon and The Fashion Spot are not the source for images, they just repost them), and check for any photographer copyright. When in doubt, its always open to you to contact the photographer and ask. If there is no copyright that you can find, you can assume the image is safe to use, as we dont want to unnecessarily restrict our members. However, you must provide credit and it is your responsibility to check for any updates on copyright information provided by that website/creditor. It would be best practice to contact the website/creator, and ask what their stance is.
 
DO'S

  • Use images that have been published in magazines (or similar things - editorials fall under this). This is because these images, in a similar way to those of tv shows etc. above, are now available to the public. You may still be infringing copyright by using them, and you cannot use them commercially. Credit is a must.
  • Use model photography, depending on the photographers license and any CC license attached to the images (see above for information on CC licenses)
  • Use photos from runway shows and backstage, depending on the photographers license and any CC license attached to the images (see above for information on CC licenses)

DON'T'S

  • Use photography that has a CC license that doesnt allow derivatives or transformative works (see above for information on CC licenses)
  • Use photography that requires credit/attribution, without providing credit

 
 Stock (non-people) images and textures 

The stance: always check for a copyright license or copyright symbol on the page. Often, youll be told if the image comes with a CC license - if so, read it, and comply with it. If there is no clear license, reverse Google search the image (see here) to try and find the original source. If it appears that the website is the original source of the image, there is no copyright symbols or licenses present, and youve tried all ways of finding out copyright information, you can assume the image is safe to use, as we dont want to unnecessarily restrict our members. However, you must provide creditand it is your responsibility to check for any updates on copyright information provided by that website/creditor. It would be best practice to contact the website/creator, and ask what their stance is.
 
DO'S:

  • Use public domain stock and textures (see above for public domain sources)
  • Use CC licensed images, as long as you comply with the license (see above for information on CC licenses)
  • Compile and use your own stock images, photography and textures as you wish

DON'T'S:

  • Use copyrighted stock, images or textures
  • Use stock, images or textures that disallow derivative works (this means they dont allow the image to be made into a graphic) (see above for information on CC licenses)
  • Use stock, images or textures that require credit and fail to provide credit
  • Use stock, images or textures from a pack and only credit the pack creditor - you must also credit the original creator of the images, unless its public domain stock or under a non-attribution CC license (see above for information on CC licenses)

 
 Fonts, Brushes, Gradients and Other Elements

The stance: always check if the element youre using requires credit. If so, you must credit the creator (not the site you took the element from, or the font pack etc. that included it). 
 
DO'S:

  • Create and use your own fonts, brushes, gradients etc.
  • Use fonts, brushes, gradients etc. made by others, as long as they allow use, and if they require credit, you must credit them

DON'T'S:

  • Use any fonts, brushes, gradients etc. made by others who do not allow them to be used publicly
  • Use any fonts, brushes, gradients etc. made by others that require credit, and use them without credit yourself

 PSD use

 
PSDs are (by accursed): there are some sites on the internet that other artists have uploaded their photoshop files to, where you can download them and open them up in your own software. These are intended for learning purposes only, if you wish to see how an artist achieved a certain colouring or how they blended so  perfectly etc. Some people take these PSD's and essentially abuse the original creator's work by lifting images straight out of the PSD file, and  transferring them to their own graphics, or simply taking all of the colouring layers  and placing them on their own graphics also. This is considered cheating, since you didn't actually do the work yourself, but the original creator of the PSD file did.
 
It just makes it unfair because there are a lot of artists who do use these files in the way they're supposed to be used, or some just learn as they go and make mistakes, and it's giving an unfair advantage to those who think they can get away with using these files.
 
The stance: we have a BLANKET BAN on PSD use. That means that we will not allow:

  • The distribution of PSDs on TDA;
  • Any mention of PSDs in credits lists;
  • And will absolutely not tolerate their use in any shape or form.

We are not taking this lightly, people have been disqualified from important polls and even banned because of this issue. We have to guarantee that all works from TDA's artists are their own works and that every artist finds their own style. Using PSDs does not allow this, with every gallery looking the same as the one before. It's cheating.


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#4 winter soldier

winter soldier

    current sexuality: the winter soldier

  • Staff Artist
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  • Location:Belgium
  • Member Since: 26 Jan 2007

Posted 18 October 2015 - 08:02 AM

For requestors

 

When requesting a graphic

 

When requesting a graphic to be used on a website other than TDA, it is your responsibility to be aware of the copyright rules that website has in place. TDA artists and staff cannot check requests to see if they comply with the copyright requirements of any other site.

 

Requestors will be told if images chosen by them for a request infringe copyright, and links to these images will be removed immediately by a staff member. This is not a violation, though repeated ignorance of copyright rules by a requestor may require further action.

 

Requestors are expected to choose images that comply with copyright where possible.  

 

Check the copyright image masterlist, as known copyrighted images and websites will be listed here: http://the-dark-arts.net/forums/index.php?showforum=463. Any of these images cannot be used in a request.

 

Good sources for images are:

  • HERE

  • Fan galleries for celebrities

  • Bellazon and The Fashion Spot (however, these repost images and you must check the credit, which will be noted under the image, to check whether or not they are copyrighted)

  • Anything in the public domain (see above)

  • Screencap repositories

 

Bad sources for images are:

  • Anything listed here

  • Personal photos of yourself, your friends or family for privacy reasons

  • Personal photos from other people on the internet (such as from facebook pages), as these are personal and should not be used in graphics

  • Sites that only ‘repost’ images, and do not provide a clear source for the image including:

    • Google images

    • Tumblr

    • Weheartit

  • Any site with a clear copyright symbol, or any image with a watermark

 

Using requested graphics

 

You must credit the artist who made your graphic. Not doing so is a violation of TDA’s Requesting Arena rules. You may not use graphics from this website without the artist’s knowledge and permission (i.e. you cannot simply copy and paste a graphic off this website and use it in your story/profile/web page). You may not claim another artist’s graphics as your own, following our ‘ripping’ policy discussed above.


For commercial requestors

 

Unfortunately, TDA cannot generally accommodate commercial requests (graphics that will be used in a way that obtains a profit), due to our own copyright obligations. If you have a potential commercial request, you are welcome to contact an administrator or staff moderator to ask if your potential request may be acceptable.


For rights-holders

 

All graphics posted on TDA are the property of their individual artists. Whilst the staff of TDA take every measure to ensure that its members are not infringing copyright, we will accommodate any requests from rights holders as quickly and efficiently as possible. As an artistic community, we greatly value the intellectual property of an individual. Rights to any characters depicted on this website are neither claimed nor implied. We do not profit from any images posted on this website nor do we claim ownership for them. Whilst advertisements may appear in parts of this website, no profit is obtained from these and money received from advertising only covers the website hosting and server costs.

 

If you believe that a graphic seen on this website violates copyright that you hold, please contact an administrator to have the image removed. However, all graphics posted on TDA are not hosted by TDA or any of its affiliates. All images are hosted by an artist’s own choice of an external image hosting website. If you request an image to be removed for copyright infringement, an administrator will also contact the artist who posted the graphic and request they remove the graphic from their chosen image hoster as well. You as a copyright holder also have the right to contact other websites and image hosters that may be hosting or displaying your copyrighted material.


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#5 golden.

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    stay up 'til the lights go out

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Posted 10 July 2016 - 02:52 PM

Pottermore images

 

The staff have noted a number of cases of members using images from Pottermore in their graphics - particularly the house crests.

 

As can be seen +here in Pottermore's terms of service, these images are not available for use without written consent from the site itself:

 

c9oBwDP.png

 

Therefore, these images cannot be used on this site! 

 

However, we understand there may have been some confusion over this issue and will not be issuing copyright warnings for any current graphics containing these images. Please remove any such images from your galleries/challenge entries/etc.  :) From now on, the use of these images will be treated like any other copyright violation.

 

Remember that it is very important to check the copyright information for all images that you use on TDA.





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