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Regarding Copyrights

Journal Entry: Mon Feb 20, 2012, 12:33 PM
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karlajkitty Featured By Owner Feb 28, 2012  Professional Digital Artist
Great information - thank you so much!
21citrouilles Featured By Owner Feb 21, 2012
Thank you very much Light.
raysheaf Featured By Owner Feb 21, 2012  Professional General Artist
Thanks for your help 2 days ago dear!!! I sent a DMCA form letter (you gave me) to the DMCA responsible of the internet provider of the infringing site and the pictures are down now :-)
GraphicLia Featured By Owner Feb 20, 2012
Excellent post Light! Thank you very much. The day might come when I'll need to escalate to this level. To date a simple, courteous email has worked very well, many times.
GiardQatar Featured By Owner Feb 20, 2012  Hobbyist Photographer
Very instructive ...
fraterchaos Featured By Owner Feb 20, 2012  Hobbyist Digital Artist
while all this information is true as far as it goes, there actually is NO violation of copyright involved when the work is "inline linked" from deviantArt to the offending site.

Perfect 10 Inc Vs. Inc. in the ninth circuit court in the USA has determined that "inline linking" or "hot-linking" is NOT a violation of copyright. One cannot copyright a link.

Due to this, while often asking the offending site to stop linking your work will succeed, the site is actually under no obligation to grant the request, and may continue using your work as they wish. The Wiki article on "inline linking " states that the practice of linking without permission is "frowned upon" but all in all, there is really no legal action one can take.

Case in point: The Galactic Free Press, which has continued to display images from many dA artists, despite numerous complaints. The only method which seems to work with this site is to find each individual occurrence of your work and request that it be removed. The site has possibly hundreds and hundreds of pages, and the art can be on any of them, and as he adds new content (including newly linked images from dA) every day, the location of your art can change from day to day as well. The person who claims to be the coder of this site (and a dA member) and friend of the actual owner assured us all a day or two ago that the site would remove all linked art from dA that had not been given permission to use, but that has not happened, art from numerous dA members is still displayed on the site, and more new works have since been added, still without credits and very likely without permission of the artists. Each day new images are added, and while the claim is these images are simply linked, to his site, if one changes the image being linked, the image on his site does not change to reflect this. I do not know if this indicates that he is lying and is actually copying our work or not, as I am not entirely sure exactly how all aspects of "inline linking" operate.

The important thing I think you must understand is this, no amount of complaining or filing DCMA reports on this person will stop him. He has already received many complaints and yet he still adds new art from dA each day!

I would suggest that you avoid sending complaints to the owner directly and instead send all complaints straight to his hosting service "website-welcome" the address to use to send a complaint to this host can be found in my latest journal entry and I will be certain that it remains there as long as this issue continues.

Just to repeat, in all actuality, this website is NOT violating copyright law unless he can be shown to be copying our art and storing on it his own server or computer. If this really is a case of "inline linking" then the only real option is to be as annoying as possible to his hosting service (politely, as n8tiveattitude suggests) but simply continue complaining to that hosting service until they tire of it and ask him to remove his offensive website
eon-krate32 Featured By Owner Feb 20, 2012  Hobbyist General Artist
Just pointing it out there for anyone reading this, even disabling the share/download functions doesn't guarantee that your material cannot be taken. There are dozens of alternative ways that someone can acquire a digital copy of your work even without the share/download functions. Unfortunately, anything that anyone puts online is free game to download for anyone with the right tools or know-how. If you do not wish to have this happen to your work, then the only piece of advice that I can give you is to simply not post anything online.
eon-krate32 Featured By Owner Feb 20, 2012  Hobbyist General Artist
I've actually had my images taken and posted to wallpaper sites, so yes I have had this happen to me. Personally I wouldn't mind if it weren't for the fact that the offenders never asked me first and then claimed it to be their own. I've done everything that n8iveattitude suggests and so far it's been more than enough.
iytj Featured By Owner Feb 20, 2012
thank you very much!
Epogh Featured By Owner Feb 20, 2012  Professional General Artist
Thanx light :sun:
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