7 replies to this topic

[winter soldier]

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

• Overview (this post)
• For artists
  • Finding images
  • Creative Commons and licenses
  • Model Photography and TV/Movie images, etc.
  • Stock, Textures, Brushes, Fonts, and Other Elements
  • GIF and PNG Use
  • Prohibited Sources: Tumblr, PSDs, and Pottermore, etc.
• For Requestors

Disciplinary System and Repercussions

Please remember, these are guidelines as to how the staff deal with copyright issues. Most of the time we discuss repercussions on a case-by-case basis.

 
1st incident: 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!).
 
2nd incident: A second verbal warning and one warning point added.
 
3rd incident: A demotion (usually of 1 rank, e.g. Master Artist to Graduate Artist, depending on severity) and 6 month promotion ban.
 
4th incident: A ban from TDA

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.
 
Members of TDA who are proven to have ripped will face an automatic demotion and 6 month promotion ban. In some severe cases, a ban from TDA may be necessary, though this is discussed on a case-by-case basis.

Edited by miss atomic bomb, 06 August 2017 - 02:18 AM.
removed links that didn't lead anywhere

[winter soldier]

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:

• Ask 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
vikyvampirs90@DA
noczvijezda-stock@DA
AshenSorrow @ DeviantART she just needs credit
Claudestine-stock @dA Credit not necessary but appreciated.
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
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.

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
hybrid-genesis -credit
 
for the following sites no credit is needed (either Public Domain or released under a No Rights Reserved license:
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, starbuck.
 
Please always check our Copyrighted Images Masterlist
 
If you are unsure about a site or image please post HERE++

Edited by starbuck., 06 August 2017 - 03:26 AM.
removed broken link

[winter soldier]

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. 

​​You are free to use images that fall under the following licenses on TDA:

Attribution: Requires credit; may be used commercially.
 

Attribution, non-commercial: Requires credit, may not be used commercially.
 

Attribution, share-alike: Requires credit, may be used commercially, only if you license your work under the same license, i.e. allow others to further modify your graphics.
 

Attribution, non-commercial, share-alike: Requires credit, may not be used commercially, only if you license your work under the same license, i.e. allow others to further edit, manipulate, or create derivative works based upon your graphics.
 
No rights reserved or Public Domain: Does not require credit, may be used commercially.

 
You may not use images that fall under the following licenses on TDA:

Attribution, no derivatives: Requires credit, may be used commercial, may not be modified.


Attribution, non-commercial, no derivatives: Requires credit, may not be used commercial, may not be modified.
 
© All Rights Reserved
 

 

Using creative commons search

 
You want to avoid this: 


 
Therefore, select the following search options:
 

 
Your search options should have things like this:
 

 
Click on the license (the bit that says some rights reserved) to find out more about the specific CC license applied to the image you've chosen. 
 
If you're confused or have questions, feel free to PM a staff moderator or an administrator.

Edited by miss atomic bomb, 06 August 2017 - 12:28 AM.
removed duplicates

[winter soldier]

Images of models, model photography, magazine editorials

The stance: these will be highly dependent on circumstance. Please make sure to check the website you're looking at, look for the actual source of the images (not sites like Bellazon and The Fashion Spot, as they just repost images), 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 don't 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/creator. It is best practice to contact the website/creator, and ask what their stance is.

You may 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. below, 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.

You may use model photography, 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).

You may not use photography that has a CC license that doesn't allow derivatives or transformative works (see above for information on CC licenses)

You may not use photography that requires credit/attribution without providing credit


To sum up - you may use editorials, fashion shoots, model photography, runway&backstage photos as long as you credit the photographer (not the site where you found them, eg. Bellazon, The Fashion Spot, Behance, Models.com ...), don't use them commercially (so TDA use is fine) and don't use images with a watermark or ones that have a license which disallows their use (All Rights Reserved or a Creative Commons license that says 'No Derivatives'). If you are unsure about a site or image please post HERE++.

 

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).

You may 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

You may not use images with a watermark on them (as these will be far more obviously copyrighted).

You must credit your sources, e. g. the person who took the screencaps, the gallery where you found the promotional images, etc.

Please do not claim you own these images

To sum up - you may use promotional images or screencaps of movies, tv shows, video games, music videos etc as long as you credit the site where you found them (usually a fansite) or the person who took the screencaps, don't use them commercially (so TDA use is fine) and don't use images with a watermark. If you are unsure about a site or image please post HERE++

Edited by miss atomic bomb, 07 August 2017 - 02:18 PM.

[golden.]

Stock (non-people) images and textures

 
The stance: always check for a copyright license or copyright symbol on the page. Often, you'll 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 you've tried all ways of finding out copyright information, you can assume the image is safe to use, as we don't 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.
 
You may use public domain stock and textures (see above for public domain sources).
 
You may use CC licensed images, as long as you comply with the license (see above for information on CC licenses).
 
You may compile and use your own stock images, photography and textures as you wish.
 
Do not use copyrighted stock, images or textures.
 
Do not use stock, images or textures that do not allow derivative works (see above for information on CC licenses).
 
Do not use stock, images or textures that require credit and fail to provide credit.
 
Do not 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 you're 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). 
 

You may create and use your own fonts, brushes, gradients etc.

 

You may use fonts, brushes, gradients etc. made by others, as long as they allow use, and if they require credit, you must credit them

 

Do not use any fonts, brushes, gradients etc. made by others who do not allow them to be used publicly

 

Do not use any fonts, brushes, gradients etc. made by others that require credit, and use them without credit yourself

Edited by miss atomic bomb, 06 August 2017 - 12:38 AM.

[miss atomic bomb]

GIF use

The stance:  We allow GIF usage as long as you follow all the copyright rules (there is no difference between the rules for still images and GIFs). Please make sure to check the website you're looking at, look for the actual source of the GIFs, and check for any GIF creator copyright (example - GIF edits on tumblr are most likely not allowed to be used). When in doubt, its always open to you to contact the GIF creator and ask. If there is no copyright that you can find, you can assume the image is safe to use, as we don't 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/creator. It is best practice to contact the website/creator, and ask what their stance is.
 
You may use GIFs as long as you provide credit to the GIF creator. If you made the GIF yourself, there is no need to specifically say that.
 
You may not use GIFs whose creators don't allow their use or if they have a watermark on them. 

If you are unsure about a site or image please post HERE++
 

PNGs

 
The stance: We allow png (i.e. precut stock/model images) usage as long as you follow all the copyright rules. You must credit the original source of the image (if required) in addition to the png creator (if required). If the original picture is from a prohibited source (see below), then the png may not be used here. If the original image does not follow the above copyright rules (e.g. under a no-derivatives or all rights reserved license), then the png may not be used here. In general, all of the rules for stock images (found above) apply to pngs. 
 
You may create and use your own pngs, crediting the original creator/owner of the images if required..
 
You may use pngs made by others as long as they allow use, and if they require credit, you must credit them.
 
Do not use any pngs made by others that require credit, and use them without credit yourself.

Edited by miss atomic bomb, 06 August 2017 - 02:17 AM.

[starbuck.]

Prohibited Sources

 

Tumblr, Google, weheartit, Pinterest, etc
 

These are websites that regularly repost other images. Therefore, they are not the original source. If you would like to use an image found on these kinds of sites, you must do the following:

• 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 the site (e.g. Tumblr) where you found it.
• 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 it's 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 and comply with it.
• sometimes you will find something called 'collected stock packs' with images collected from google, tumblr, weheartit, Pinterest etc - if you can't find the source of each individual image and original license please don't use it

If you are unsure about a site, image, or a photo/stock pack please post HERE++
 

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.
 
If you are unsure about a site or image please post HERE++

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:

 

 

Therefore, these images cannot be used on this site! 
 
Remember that it is very important to check the copyright information for all images that you use on TDA.

[miss atomic bomb]

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: [color=#1155cc]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.