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| Altering an image/picture made by someone else. | 14% - 7 | |||||
| Using part of an image/picture made by someone else. | 8% - 4 | |||||
| Tracing an image/picture made by someone else. | 2% - 1 | |||||
| Copying/recreating a picture/image made by someone else | 4% - 2 | |||||
| Drawing heavy inspiration from an image. | 4% - 2 | |||||
| All of the above. | 44% - 21 | |||||
| Even drawing inspiration from other images is theft! | 0% - 0 | |||||
| Who cares?! | 21% - 10 | |||||
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This has been heavy on my mind lately and I wanted to ask this community, what do you consider art theft?
Where do we draw the line?
Just because you site the original artist, does that make it not theft?
Do you think the original artist should be notified if someone intends to use their work for something?
Discuss.

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As found on: http://www.theotaku.com/worlds/eminor/view/174995/
This is a very good guide to what is art theft, and it is easy to understand. I find this to be very relevant to MissBimbo editing/designing/whatever. This person knows what they are talking about.
Also - Those of you who voted "who cares?!" in this poll are either stupid or a$$holes, sorry but it's true.
Art Theft, Tracing, and Referencing: A Guide
By: Emi, Nekotenshiemi, Flombone-Emi, etc.etc.etc.
Now, on various Art sites/other sites that I have visited in my years as an internet user, I have noticed that some people don't understand what counts as Art Theft, what counts as referencing, and how to deal with crediting!
WELL TODAY IS YOUR LUCKY DAY!
I have been a part of various online art communities (mainly as a pixel artist) for almost 10 years now and am amazed at how many people are either overly cautious or have no regard for others' artwork. I am by no means an expert, but I think I know how things work by now.
Please feel free to comment, ask things, tell me your opinions on this guide~!
What Constitutes Art Theft?
Art Theft is taking something that you did not create yourself and reposting it/editing it and claiming it as your own.
Some examples of art theft include: Screen shots of an anime, manga scans, things found on google image search, photobucket, or deviantart/sheezyart/other art sites (ESPECIALLY art sites), photos of celebrities, etc.
All of these things belong to the original artist or photographer and are not "free use" just because they are on the internet.
The Gray Area
"but I didn't steal it, I just traced it!!" : Tracing
You have no idea how many times I've heard this.
Yes, tracing IS a good way to learn anatomy or to learn how a certain artist draws things. It is NOT something that you should post online looking for comments on. Are you really proud of yourself for something that you copied from someone else? It's not improvement if you only continue to trace. Even if you admire an artist and want to draw like them, you never will if you only copy their art and don't try on your own. It's like riding a bike. Using training wheels is fine, but someday you're going to wish you could ride without them.
Recolors
Recoloring is REALLY similar to tracing - It often starts as a trace which is then recolored or edited slightly in order to make it into an OC.
Again, if your OCs are inspired by other characters and you want to do things like this and send them to your friends, fine.Just please don't post them online on theO or dA or other art sites. People WILL be able to tell the difference between your addons and the original art. Most of the art is not yours and unless you have permission(explained later), it is still theft.
Using Stock, Bases, etc.
Now you may be like - but I wanted to use a photo of a beach for the background of my picture! What do I do?
There is something amazing called STOCK. Stock art is art that is MADE to be cut up, traced, and made into your art.
There is a stock category on DA, go check it out! Remember, though, all stock artists have different rules for what their art can be used for, so please read their rules before using their stock! I would like here to recommend the awesome Senshi-stock . She has a lot of awesome photos that you are allowed to trace over.Please check her out!
Bases have started to become a touchy subject. Bases are naked bodies for you to draw clothes and hair on. The only issue is a lot of people have started TRACING bases, which makes them not such good resources.
I use bases myself in my art, but I try to avoid traced bases because they ARE still art theft. If you want to try using bases, search "Original Base" in Deviantart. I believe there are several groups devoting to finding original bases and avoiding art theft. Again, most base artists have their own rules for usage, so make sure to read them!
Referencing
Now, some people probably knew all of this already! BUT, besides the overly lax artist, there is also the overly cautious one.
If you find a couple pictures online and use them as REFERENCES in your art, there is NO NEED TO CREDIT!
Referencing is looking at a picture for a pose/detail/fold help/etc. These sort of things can not be copyrighted. As long as you drew the image yourself and did not trace or DIRECTLY copy the image, nothing is wrong!
Do you credit your own hand if you look at it while drawing? Or if you have your little sister put on a long skirt to see how it flows? Nope, and the same goes for anything else you look at.
If you are unsure if you are copying directly or referencing, you CAN credit; there is nothing wrong with that, but it is unnecessary.
Getting Permission
Now, if you DO find something by another artist that you'd like to use, such as an icon, lineart, etc. and you aren't sure if it is stock, then ask!
Send the artist a message or email and tell them what you'd like to do and ask.
Most artists LOVE to hear from fans, and will probably try to find a way to either let you use it, or find something similar.
What if I don't know who the artist is?
If you don't know, don't use it. I know, that may be hard, but you could get sued for copyright infringement if the owner finds you. There are sites such as TinEye that help artists find thieves.
How would you feel if someone was getting popular on another website using your art? Not cool.
How to Credit
If an artist has credit rules, please follow them rather than this!!
The most common way to credit is simply:
Stock by: LINK
Textures by: LINK
Font by: LINK
Where you fill in a LINK to the artist's page. Using a link is important because on the internet, there are often multiple people using the same Aliases, and if someone else also wants to find that stock, they never will without a link! Artists also appreciate links so that they can get more people looking at their work - similar to dedicating a piece of work here on theO!
All of this is pretty much what I was also taught in art school. It's not BS.
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All of the above




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Wow Nebby, nice find! That's really insightful and informative.

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yeah, i thought so too
The questions I ask myself if for whatever reason I do use parts of copyrighted material, or get heavily inspired by it:
- Does my design still look like the original designers work? So much so that someone will notice?
- Does my design appear to be too heavily inspired from the original work?
... so if you say yes to either question it needs to be changed more. if no to both - you are probably OK
Last edited by Nebby (01-15-2012 07:28)
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Seems legit. 

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So you see if you have a picture from the internet and you dont trace the whole thing just the picture is that art theft? i havent tried it yet tgough and i was going to ask someone until i came here. so is it art theft?
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All of the above.
The only time I use bases now is for point adopts, but those are the bases that I have permission to use that were made by a very close friend on dA and we share the point profit that we both gain from the adopts.
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rosettacharms2 wrote:
So you see if you have a picture from the internet and you dont trace the whole thing just the picture is that art theft? i havent tried it yet tgough and i was going to ask someone until i came here. so is it art theft?
If you trace a photo or illustration that is copyrighted and your design matches up perfectly with the lines/outlines of the image - it is theft. I would say that if your design looks like the image (or part of the image, even) more than 20-40% the exact same you are probably breaking the law.
But there is a way to get away with 'stealing'. Say you are making a pose - find 3 or 4+ images you like that are similar (the pose looks close). Cut out a arm from one picture, the legs from the other, the torso from yet another. The more images you put together the more original your own finished work will be. If I was doing it, I would go so far to have different hands, feet, even kneecaps or something. Once you have the images you want, put them together. Once together, you can trace the collage you've made. Change a few lines here or there - and you just made yourself a amazing (and legal) original piece of art.
I am thinking I will make a tutorial on how to do this soon. I think it could help a lot of people.
Picasso said "Good artists copy, great artists steal"
I am pretty sure what he means by that is that good artists will make designs that are similar to things they are inspired from. But great artists will literally take parts from multiple sources, combine them together, and make great art using pieces of others work. It's known that the good artists are inspired from other places, but it's assumed that the great artists are extremely talented and original. But in reality the great artists get away with this type of 'stealing' all the time, without anyone ever knowing.
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Nebby wrote:
rosettacharms2 wrote:
So you see if you have a picture from the internet and you dont trace the whole thing just the picture is that art theft? i havent tried it yet tgough and i was going to ask someone until i came here. so is it art theft?
If you trace a photo or illustration that is copyrighted and your design matches up perfectly with the lines/outlines of the image - it is theft. I would say that if your design looks like the image (or part of the image, even) more than 20-40% the exact same you are probably breaking the law.
But there is a way to get away with 'stealing'. Say you are making a pose - find 3 or 4+ images you like that are similar (the pose looks close). Cut out a arm from one picture, the legs from the other, the torso from yet another. The more images you put together the more original your own finished work will be. If I was doing it, I would go so far to have different hands, feet, even kneecaps or something. Once you have the images you want, put them together. Once together, you can trace the collage you've made. Change a few lines here or there - and you just made yourself a amazing (and legal) original piece of art.
I am thinking I will make a tutorial on how to do this soon. I think it could help a lot of people.
Picasso said "Good artists copy, great artists steal"
I am pretty sure what he means by that is that good artists will make designs that are similar to things they are inspired from. But great artists will literally take parts from multiple sources, combine them together, and make great art using pieces of others work. It's known that the good artists are inspired from other places, but it's assumed that the great artists are extremely talented and original. But in reality the great artists get away with this type of 'stealing' all the time, without anyone ever knowing.
Oh! thanks for explaining it though and that too very well. I know so many designers in the past who have done this and they all discussed the topic in bimbolinas poses boutique in the start. The y all thought it was ok to do that so i thought it too.
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Honestly I wouldn't say tracing is ok. I've been told numerous times by art teachers at secondary teaching level and at university level (I'm currently studying art and design at Uni) that tracing is ok. I'm not talking about tracing someone elses work. I just think people in this thread are very quick to condemn tracing as wrong.
Also, if something has been changed at least 10% you are not breaking the law when it comes to copyright issues.
Example = Scream mask. I know, I know entirely different in somme aspects BUT ..
The mask used in the films is owned by a novelty company who then sell the masks etc. But there are rip offs/knock offs in stores and online that are extremely similar with minor differences. And the company, at the minute, cannot do anything unless they are violating laws.
Also, with designs based upon RL clothes, since MB and other doll sites can be classed as parody then they can get away with it. This is way Scary Movie and those parody movies can get away with basically remaking 3 to 4 different movies in one movie 
Overall, I do agree with everything said here. Stealing isn't the same as tracing. Blatant stealing is wrong and against the law.
ETA:
Tracing is OK to help you with proportions - tracing your OWN work is OK but If you trace someone's work eg. Dollphane's then you should only use that as help and a guide NOT to pass it off as your own 
Last edited by mariahdianacarey (01-22-2012 15:10)
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