Art Theft-What it is and how we can prevent it.

trigger_mortis's picture

ART THEFT

To be honest, it is a nasty topic, and one that likes to be kept hidden like the dirty underclothes of our society.

However, after being brought to the attention of a few things, I decided to make this little blog to try to inform the public about what art theft really is and how we can help it from becoming an epidemic.

WARNING-IF YOU FIND THIS OFFENSIVE, THEN JUST DONT READ.

This is meant to be an informative blog, not one where we argue and complain and point fingers.


---------------------------------------------------------------------------------



WHAT IS ART THEFT?

While art theft comes in many forms, there are a few that are the most common here in the community:

-using a person's artwork without giving them credit or asking permission
-using a person's linework without giving them credit or asking permission
-tracing over a person's artwork without giving them credit or asking permission
-using a person's story without giving them credit or asking permission
-taking a person's character, changing a few things, and calling it yours

As you can see, in general using anything that belongs to another person without first asking them or at the very least giving them credit is considered art theft.

To sum up:

ASK PERMISSION BEFORE USING SOMEONE'S ART AND GIVE THEM CREDIT IF YOU DO



Now...

This is good to know, but now we need to figure out what we can do to prevent art theft from happening in the first place from the position of the artist.

HOW TO PREVENT ART THEFT

There are many ways that art theft can be prevented by the artist. Here are a few simple tips of the trade:

-watermark your art--many upload sites offer watermarks with their logo on it, or you can create your own in your art program by creating a new layer (with at least 50% transparency) with whatever design you want over top of the picture

-monitor your art--if you notice someone using art that you recognize as your own, double check, and then inform that person of what they've done, as they may not be aware that what they are doing is considered art theft

-speak up! if you see someone using art that belongs to a friend of yours, or even just someone you know, tell that person and then they can deal with it however they please

-if all else fails, remove your art from the site and upload it either with another site, or with a new watermark so that there can be no confusion as to who the art belongs to--if the thief continues to steal, then make the decision as to whether or not you should remove your art completely

From Iaurdagnire, regarding legal fears:
Here is a tip for people who are paranoid about their stuff being used commercially or for profit. I know this blog is for the smaller art-use issues on the internet, but a lot of people can get very touchy so this is a way to stop that. With this, even if you see someone using something of yours, their effort is made redundant:

Place everything you have ever done for a particular character/idea/project (drawings, writings, print outs of where they are on the internet etc) into an envelope/package, and mail it to yourself. When it gets back to you, it will have a dated stamp on it. If anything occurs after that with legal implications, you can produce that envelope unopened containing all the original work prior to what anyone else claims.



BUT WHAT IF I CANNOT FIND/CREDIT THE ARTIST?

THEN DO NOT USE THE ART. SIMPLE AS THAT



ART SHARING

Most artists love to have their art shown to other people. This is ok to do, but if you're going to do this, here are a few tips:

-Credit the original artist in all instances

-Provide a link to the artist's gallery or webpage

-If you cannot find who the original artist is (ie, you found the picture by searching in Google) then at least link to the webpage you found it on

-If the picture comes from a stock photo site, check whether the image is free for use or if you must pay





I understand that things like watermarks can be ugly and annoying, but if they protect your art, doesn't that make them worth it?

As much as anyone else, I do not want this community to become a place where artists are afraid to share because they fear that their art will be used without their knowledge.

All I ask is that as a community, we work together to keep an eye on this problem and make sure that it doesn't become something that we all regret.



-Trigger
GlobalBeauty's picture

I only ever bump after I

I only ever bump after I report. Sort of like an explanation for why I did what I did.

Edit: New page. <3
Siggies by Carry & Amazengalo

Perfect! That's what I like

Perfect! That's what I like to hear GlobalBeauty.
Mr.Sanguine's picture

~O~

Kaoori's picture

person has been confronted

person has been confronted kindly, but i think it's time for friendly reminder, too.

bump, needed.

bump, needed.

.

.

bäm.

.

.
Scythe's picture

.

.
Apoidea's picture

Bumping as a periodic

Bumping as a periodic reminder.
SoliloquyChryseis's picture

bump

bump
Illume's picture

Bump.

Bump.
quadraptor's picture

Bumping

Apoidea's picture

Bump

Bump
cicadia's picture

Why the bump?

Why the bump?
Kaoori's picture

^ curious too

^ curious too
Apoidea's picture

Deserving of a bump again!

Deserving of a bump again!
Xemi's picture

Every time I see this blog

Every time I see this blog bumped it dwindles away my remaining hints of faith in humanity |: /useless comment
Apoidea's picture

Aww Xemi! *hug*

Aww Xemi! *hug*
Xemi's picture

-hugs back and scoots back

-hugs back and scoots back into negativity corner- T^T

bump

bump
Kaoori's picture

I find it sad this has to be

I find it sad this has to be bumped all the time..
Poppyflower's picture

Really hate to bump this,

Really hate to bump this, but.... 8C
~Poppy~
Profile picture by ahimsa ♥


Pixel Wis by squeegie~

What does 'bump' mean? ;u;

What does 'bump' mean? ;u; Such a noob.
by Niriya and SoliloquyChryseis♥

Bunnycorn: 'Bumping' a thread

Bunnycorn: 'Bumping' a thread just means commenting in it to 'bump' that blog back to the top of the recent posts page. Usually this is done to give the blog more attention. Any comment will do this but some people just prefer to say 'bump'.

Okay, thanks for telling me.

Okay, thanks for telling me. I figured that's what it meant.
by Niriya and SoliloquyChryseis♥
Apoidea's picture

Bump time. It's been a long

Bump time. It's been a long time.
Deyna's picture

I just read a blogger's

I just read a blogger's horror story on getting sued for posting a picture without permission. *shudder* I love you all so much that I'm bumping this, while adding:

-If you do not know who the picture you're posting belongs to, writing a disclaimer that you do not own the picture does not protect you from a copyright infringement claim. If you know who's it is, and even give them credit and a link to their site, it is still copyright infringement if you did not get the owner's permission to use the image.

-Not only can the copyright holder demand you take down the image, they can demand money for having used it.

-Even websites like Tumblr and Pinterest state that by uploading any photo you use or pin on your page, you are claiming to have a legal right to that photo. I know if copyright holders started really digging in their heels about it, 99.9% of bloggers would be in serious trouble, but just because you haven't had any problems does not give you the right to keep illegal pictures up.
Apoidea's picture

Bumping for obvious reasons.

Bumping for obvious reasons. I suggest we all take the time to review this thoroughly.
AlisonRobin's picture

Tracking because this is a

Tracking because this is a smart thread.

The legal advice of mailing things to oneself is good. I have a housemate who is an aspiring author with lots of sealed envelopes he has mailed to himself over years for all his different projects.

I did some curious googling around on this issue and most google hits for art theft regard things like stealing paintings. The second hit for "art theft" was an FBI page. It's interesting for me to see the sort of caste system that exists among different art media. But that's off topic.

Just building off what

Just building off what AlisonRobin mentioned, they are right the actual definition of 'art theft' is in fact stealing physical art (paintings, sculptures, ect) and I don't think a digital version of the term exists as of yet. What this thread mentions is technically a case of copyright infringement (if the art has been copyrighted) or more likely intellectual property theft.

A note on the term copyright. Just because you create an idea does not make it 'copyrighted' to you, and stating 'copyright _____' after posting something does not quality as copyright protection. It is something you apply for and are granted. However, any idea you do produce is your intellectual property, and you can defend it if someone commits intellectual property theft by taking an idea that was yours and produced something using it without your expressed permission.

This is based on my knowledge of Canadian copyright obviously but I suspect the same applies similarly in other countries.
AlisonRobin's picture

Terabetha, Canadian copyright

Terabetha, Canadian copyright law and US copyright law are similar along those lines--you have to apply for the copyright, get it granted, and keep tabs on it. Having ideas is very difficult.

As for intellectual property theft it seems like it's getting to be a big problem these days thanks to the internet. The internet moves so fast and the courts move so slow. Sad I think it is also very difficult to get anything done about anything unless a person uses your work to make a profit. I can't imagine judges really caring about it otherwise, which is sad.

That's why I'm glad that lots of the sites I see where professional artists put up their work are very serious about original work, and I'm glad that this community cares about intellectual property theft too.
SoliloquyChryseis's picture

I do believe once you make a

I do believe once you make a piece of artwork it is already copyrighted. The mailing to yourself thing definitely helps. I'm actually really glad dA puts a date on the work when you upload it too. But you do have to apply to copyright certain things as well I think. I had a book on copyright when I was in college. If I can find it, I will write some stuff up or take snippets of scans or something so people can read.
AlisonRobin's picture

The U.S. Copyright office

The U.S. Copyright office requires paperwork to be filled out and submitted. It's a lot of work.

http://www.copyright.gov/help/faq/faq-register.html

This needs a applause, great

This needs a applause, great job =)
SilverBlood0801's picture

Sweet. ^^

Sweet. ^^
Skype: SilverBlood (user nerolivers)
Character Hub
ApoideaBee's picture

buuuuuuuuuump!

buuuuuuuuuump!
Avatar by Eyestrain

Frankly I just go by

Frankly I just go by timestamps at when digital files were created to prove things, along with keeping physical sketches of my work, but obviously those don't hold much weight, so I came here.

Thank you for the "mail it to yourself" tip! Definitely going to use that for my art projects...if I ever feel confident enough to post them.

Checking the weather blog one

Checking the weather blog one day I seen a user using my art in there sig. I don't know if they know that's my art but I let them know kindly and offered to draw there character for them so they can stop using my deer. Every sense then they haven't respond or taken it down... >w>

Art by Aihnna & pixel by Mary13~
ApoideaBee's picture

Raise the post! Raise the

Raise the post! Raise the post! Shake your boo-tay!
Avatar by Eyestrain
Keepiru's picture

Found this on tumblr

Found this on tumblr

yes this

yes this
ApoideaBee's picture

Dude... I love that.

Dude... I love that.
Avatar by Eyestrain
IvyChain's picture

Lmao, prefect Keep.

Lmao, prefect Keep.