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An all around anti-everything group, we see technology and society as a flaw, misleading the human race to believing in things like children's cartoons and anime shipping couples. We hate everybody and everything equally. Come, let us share our opinions!

However, remember, our opinions are LOUD.

:icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz::icontrollheartplz:
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May 12, 2012

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522 Members
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U.S. law and dA policy on copyright infringement

Journal Entry: Sun Mar 27, 2016, 3:27 AM
Hello! :wave: If you have been addressed by this article, then you came to the right place.
Everywhere by Username-91


NOTE: I am not telling you this just to be rude; I am doing this for your own good. I am NOT doing this because I have nothing better to do in my life; I am doing this to get you out of trouble. I do not like seeing people banned from here because they broke the rules. If you block me, flag my comments as spam, or hide my comments, I will still be able to report the deviation that is violating U.S. Law and dA policy.

 I will only report the deviation if I see it's breaking the rules or I have an evidence of it.

You are committing a serious crime called art theft, or commonly known as "copyright infringement."

When an artistic or literary piece made, an automatic copyright is created for that piece. However, when someone takes a copyrighted piece and claims it as their own or edits the copyrighted piece, they are violating someone else's rights as the original creator. This is what is called "copyright infringement."

Copyright infringement is financial gain, making a commercial work accessible to members of the public, concealing intent of infringement, providing false copyright, distributing or importing for distribution false copyright information, or removing or altering copyrights. (DAmn-Army Blog: US Law and dA Policy) Not only is it another form of plagiarism, it's a civil violation in the United States, where one can be sued for if "Fair Use" cannot be proven, and posting someone else's work, Photoshopped, Edited, traced or recolored or not, in your gallery does not qualify as "Fair Use." When you post something up in your gallery, it is automatically copyrighted to you. However, if you are posting something that someone else has created, he or she already copyrights the piece. Therefore, by posting something that is not yours, you are claiming the image as yours, even though you may say that you are not. In simpler words: What you post up here is automatically copyrighted to YOU. If someone else created the piece you are posting, then you are altering the original copyright, which is illegal. Therefore, unless you have the original permission from a creator of a piece that you want to submit it, edits it. Then do not post it! It is not under "Fair Use" at all.

The only time "Fair Use" applies is if the work you are using, that is not your own, is being used for commentary, criticism, news reporting, research, or teaching. Therefore, you do not need to write permission from the original artist. ("Wikipedia: Fair Use") Unfortunately, "Fair Use" does NOT apply to the policy of deviantART community, so you will have to write a permission to the original owner of a work that you want to use it, edit it, photo manipulates it, create a free outline... etc.

However, if someone files a suit against you and infringement is proven, then it is a violation of U.S. law and the following penalties may apply.

Bullet; Red 5 years in prison and a fine of up to $500,000 dollars, 

Bullet; Red Second offenses (or more) can range up to a fine of US $1,000,000 and up to 10 years of imprisonment. ("Digital Millennium Copyright Act" ) Alternatively, commonly known as DMCA takedown notice.

Moreover, because DeviantART is a company located in the United States, you have to abide by the U.S. laws that are in place. 

"As we are a U.S. based company the laws which govern deviantART are those of the United States of America. By agreeing to abide by the deviantART Submission Agreement and our Terms of Service you are also agreeing that you will abide by the laws which govern our website

(FAQ #250: The laws of my country differ from those of the United States- which ones apply?). Even if you are not from the United States of America, you can still be grounded by the U.S. Federal constitution, whenever from country you are coming from.

DeviantART also gives addresses, emails, name, and IP information (electronic address) upon court order as stated in deviantART's privacy policy: 

"We will disclose Personally Identifiable Information when required by law or in the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on deviantART, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of deviantART." (Privacy Policy). See for more.

Here is more material under electronic contract law; you signed a legal, binding contract stating that you read before joining deviantART: dA Privacy PolicydA Etiquette Policy and dA's Terms of Service. Giving credit to that made the original is not acceptable; you need WRITTEN PERMISSION from the original copyright owner first, before using the work or posting it anywhere. (FAQ #306: Does "Crediting" let me use whatever I want?)*

Remember that after deleting an account or a deviation, you can still be sued as DeviantART retains all this information for up to 1 year. (Comment from BiOzZ). 

And if you think this shouldn't be taken seriously and think you can get away with something like this:
Look at what happened to MegaUpload.com, the file-sharing site.

Founder of the site, megaupload.com, and several people were charged by the U.S, for trafficking copyrighted content worldwide, worth $500 million. Which is copyright infringement? (MegaUpload founder Faces New ChargesMegaUpload No More, One Month Later)

This site-shutdown resulted in the SOPA/PIPA boycott back in January, where many sites went "black" in protest. These bills were going to not only censor the Internet from online infringement but also kill creativity at the same time. Sites like deviantART and YouTube would be shut down for copyright infringement, just like the way MegaUpload. In a nutshell, goodbye "freedom of speech" and "freedom of expression." Do you want that?

So, if you did not make it, do not post it. You are taking away the original artist's talent and stealing their credit as your own.

Make the work YOURSELF, by grabbing a pencil and a paper. It will take a while to get as good as a professional artist, but it only takes a lot of patience and a lot of practice.


-> If you want to use someone's work: 
1. Find a way to contact an artist. E-mail, dA page, IM, etc.
2. Ask politely if you can use their work, linking them to exactly what you want to use and WHAT you plan to use it for.
3. Ask for their written permission, to prove you could use it.
4. Provide the evidence of the original permission form an artist, and give them credit for the work, even addressed back to the original work.

Copyright law of the United States:

The Copyright Law of the United States tries to encourage the creation of art and culture by rewarding authors and artists with a set of exclusive rights. Copyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works, and the right to perform or display their works publicly. These exclusive rights are subject to a time limit and generally expire 70 years after the author's death.

The Copyright Act of 1976 governs United States copyright law. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, and Clause 8, known as the Copyright Clause. Under the Copyright Clause, Congress has the power:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

The United States Copyright Office handles copyright registration, recording of copyright transfers, and other administrative aspects of copyright law.

More info on copyright infringement:

       

International Copyright Law
Copyright Infringement
NET (No Electronic Theft) Act
DMCA (Digital Millennium Copyright Act)
Copyright Term Extension Act
Online Copyright Infringement Liability Limitation Act
Fair Use
More info on Fair Use
Exclusive Rights
dAmn-Army Blog: US Law and dA Policy

*But even if you gave a credit for something that you found on Google, it is still wrong and the deviantART staff on a request of a copyright holder can still remove it! (This does not count when it comes to stock images, free bases, line arts /aka/ outlines, character makers etc.)

FAQ #306: Does "Crediting" let me use whatever I want?

"No

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. Failure to obtain proper permission for the use of works protected by copyright can leave your deviantART submission vulnerable to being removed following a claim of infringement against it.

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 and please be certain to obey all rules, terms, and conditions which may be attached to that resource.
"

Just because protect art said that crediting an art is an art thief choice, does not make it okay. (Unfortunately, he really said that when I had an argument with him about crediting and fair use!)

To avoid any infringement, or if you are unsure about posting work here, just remember this: If you did not make the work 100% by yourself and you do not have proper permission, you do not have the right to use it or post it.
I hope you will consider this, or you will find yourself in serious legal trouble. You need to learn that you are breaking serious, international copyright laws by posting art that is not yours in your gallery.

The official Copyright website can keep you up to date with anything you need to know.

I hope this clear some things up. Will be updated when I get to new information about this matter.

:new: Update!

"I didn't even realize that drawing characters (e.g. Disney) was a copyright infringement of sorts unless you had got permission from the original artist. *snip* Let's face it, though, most of these sorts of people don't care too much and see it as free publicity or flattery, providing you're not making stacks of cash from their intellectual property."

Under fair use laws, anyone can use characters regardless of whether they belong to Disney or someone on Deviantart providing it's not commercial or damaging the brand in some way. If it's personal use, for education, a critique, review and it's not making you money, then legally as long as you've added onto the content in some way or edited it then you are allowed to use it under fair use (as long as it won't damage the brand image. If it is damaging to the brand then you could be sued). For critiques and reviews, this gets a little tricky. Legally you can only use the absolute minimum required to get your view across, but there is no set criteria on what would be considered the least amount of footage or pictures you would need to show the audience what it is you are reviewing. Moreover, with fair use you do not require the original author’s permission either. However, to avoid future confrontation it can be a good idea to ask the author for permission anyway. Moreover, if they say no then legally you would be in a bad spot if you still used it because you sought their permission. If someone gives implied permission (as if someone said they love seeing fan art of their characters) then legally you would be on good legal grounds to use that character for fan art (but again, not for commercial unless they say commercial). 

Now here is the tricky part. There are some cases where selling something using a company IP has been legally considered fair use. Like a single painting of Darth Maul. However, if you were to repeatedly sell Star Wars stuff then it would no longer be personal/hobby grounds and pass into commercial grounds. Therefore, there is a lot of gray in the area as to what is or is not copyright infringement due to fair use.   

youtu.be/xKBsTUjd910

^ if you haven't seen it already, that would be worth watching. It is a lawyer talking about copyright laws in regards to fanart.

As to Disney, almost none of their work is original. They take old stories and alter them using fair use laws. The only reason copyright infringement exists as it does now is Disney (the company) changed the way that law worked when Mickey Mouse was about to enter the public domain. Even after that law was passed, they are still not using original stories. Most of their works even now are just rehashing old stories. Of course, we cannot do the same to Disneys characters, but we can still re-write stories for our own entertainment or re-write stories from before the copyright infringements laws were changed without any problems

F.A.Q. What does fall under the copyright claim?


Everything that you create!

Bullet; Red Digital art; 

Bullet; Red Traditional art; 

Bullet; Red Commissions; 

Bullet; Red Personal Characters; 

Bullet; Red Animations, like avatars, [unless they were made for free, then it's okay];

Bullet; Red Short movies, commonly known as deviantART films;

Bullet; Red Literature;

Bullet; Red Poetry;

Bullet; Red Poem;

Bullet; Red Stories;

Bullet; Red Fan fictions;

Bullet; Red Fictions;

Bullet; Red Non-Fictions;

Bullet; Red Lyrics /aka/ songs that you wrote;

Bullet; Red Literally, everything that you create falls under the copyright claim.

What does not fall under the copyright claim?

Bullet; Red Journals;

Bullet; Red *Tutorials;

Bullet; Red *Freebases; 

Bullet; Red *Character makers.

*For things like these, you need to give a credit for, or otherwise, Staff members will remove them on a request of copyright owner. Unless an artist did not give full permission to use them, then you have nothing to worry about.



More Journal Entries

Information

:bulletred: Swear as much as you like! You can submit any deviation you want, as long as it is a loud opinion.
:bulletred: No extreme hating. This means wishing death on people, bashing a certain deviant, stereotyping and bashing others opinions unsophisticatedly. Not accepting other opinions is prohibited too.
:bulletred: The only time you may show a deviants name/shame them is when you have a screenshot of something they have said.
:bulletred: There does not have to be swearing in it, as long as it is a loud opinion.
:bulletred: No stealing. If someone here is stealing work, please let us know.
:bulletred: If you have anti pictures of something, we only accept ONE. We are not going to accept your daily anti-Jonny Test or whatever pictures, ONLY ONE.
:bulletred: Please, accept others opinions in this group.
:bulletred: Anything that breaks the deviantART rules will be removed.
:bulletred: Any extreme hate towards race, gender, nationality or religion will not be accepted. FAQ #12: DeviantArt doesn't allow 'Hate Art', 'Hate Speech' or 'Hate Propaganda', what is this?
is "clearly racist or bigoted and often promotes genocide, or the killing or destruction of an identifiable individual, race, religion, nationality, sexual orientation, or another specific group."
:bulletred: No harassing the group or other members. Trolling is not allowed either.
:bulletred: Posting stuff which creates more drama than use will not be tolerated.
:bulletred: Any stamp or opinion which you find offensive is not our problem unless it breaks these rules or the DA rules.
:bulletred: We accept both sides, so, for example, anti-religion art and anti-atheist art is allowed here.
:bulletred: This is a place of opinions. If you can't handle that, then it probably just the best that you steer clear of us or just stay off the internet.
:bulletred: If you feel that there is a need for another folder in the gallery, please note the group and we will be happy to add it.


:bulletred: Last, but not least,

FAQ #303: I'm offended by something I saw on the website!

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This isn't the only hateful group out there.
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Comments


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:iconpotatomunchey:
PotatoMunchey Featured By Owner Aug 13, 2016  Hobbyist Digital Artist
i found my homeland
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(1 Reply)
:iconisabellagraces:
IsabellaGraceS Featured By Owner Jul 6, 2016  Hobbyist General Artist
When people self diagnose themself with something serious... ._.
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:icon1nklash:
1nklash Featured By Owner May 28, 2016  Student Digital Artist
you say that you dont allow hate speech yet recently added a stamp where the poster denounces the validity of "transsexuals" and blames them for "opening the door to child molesters and rapists"
unwatched
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:icondisappointed-gastly:
Disappointed-Gastly Featured By Owner May 27, 2016
Every time someone writes a journal about how shitty I am I'm going to submit it here.:lol:
Reply
:iconraichuleaf64:
raichuleaf64 Featured By Owner May 23, 2016  Student Digital Artist
The biggest controversy on DA.
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:iconkitten--sneezes:
Kitten--Sneezes Featured By Owner May 21, 2016  Hobbyist General Artist
Can I join?
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(4 Replies)
Hidden by Owner
(1 Reply)
:iconihashly:
Ihashly Featured By Owner Apr 21, 2016
I Hate Undertale
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:iconerraticbasarafan:
ErraticBASARAfan Featured By Owner Apr 21, 2016  Hobbyist Writer
Oh, and on top of all that, the deviant i wrote about was wanting to legally change her name to that of her alter-ego up here! How conceited she must be, eh!
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:icongreen-eyed-dragoness:
Green-Eyed-Dragoness Featured By Owner Apr 17, 2016  Student General Artist
*CAR CRASHES INTO YOUR PAGE*

Freya: *BURPS* WOOOOOOOOOOOOOOOOOO!!!

Me: FREYA! SLOW DOWN! FREYA!

Freya: WHAT!? *HIC* GO FASTER?

*BURPS* I WILL! >: D

*speeds the fuck off*
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:iconlachgarmarwan:
lachgarmarwan Featured By Owner Apr 12, 2016
Can i join plz
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:iconspeaker-toyota-iq:
Speaker-Toyota-IQ Featured By Owner Apr 11, 2016  Student Digital Artist
Hello, can I join?
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(2 Replies)
:iconisabeiie-pup:
IsabeIIe-pup Featured By Owner Apr 1, 2016  Hobbyist General Artist
lmao i remember the deviantation i submitted here years ago and i looked over at it and cringed
wow was that imature of me
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:icongreen-eyed-dragoness:
Green-Eyed-Dragoness Featured By Owner Mar 27, 2016  Student General Artist
Aries: RAWWWWWWWRRRRRRRRR!!!!!!! X3
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:iconsarahthrel:
sarahthrel Featured By Owner Feb 25, 2016  Hobbyist Digital Artist
hey peeps

just a quick note, we have had calls for it but today after a unanimous decision, we have kicked out and banned themysticenigma from the group, her last 3 deviations were rejected due to trying to cause harassment to others and it won't be tolerated here.

we are making proactive progress on this site and we hope the changes are making this a better group for everyone.

please let us know if theres anything else we can do for you to make it better.
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:iconldbcomics:
LDBcomics Featured By Owner Feb 18, 2016
The user talithestrange has been spamming ad offending to a very good friend of mine.
sta.sh/01zj5yb2qph

Leaving offensive comments on his account and posting offensive journals.
talithestrange.deviantart.com/…
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(1 Reply)
:icondistractio:
Distractio Featured By Owner Feb 11, 2016  Student General Artist
IHE.
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(1 Reply)
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