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January 2, 2009
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Are your Terms or Use Sufficient?

Journal Entry: Fri Jan 2, 2009, 6:15 AM


Journal


I'm mainly talking to dollers who own websites here.

There have been some blinkie making groups loopholing around people's terms of use on websites in order to make their graphics and in turn have used a few dolls from people's websites.

isoldel covers more of it in her journal which can be seen here - elvencrystaline.deviantart.com…

I suggest you all read it.
When I get my website sorted I will most certainly be updating my terms of use.

I will post an updated form of the Terms of Use Here on DeviantArt for anyone else to use if they want.

I am sorry this is happening to us and would like to assure you that on deviantArt your work is under copyright protection, and it should be on your websites, but people don't see that.

ASSUME EVERYTHING ON THE INTERNET IS COPYRIGHTED BECAUSE IT MOST LIKELY IS.
You do not need to register your work to have protection, the fact that you made it is enough that people should not be stealing your work.

I would like to quote a few things here from the United States Government Copyright Website

"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created."


however your work has to be registered if you want to bring a lawsuit up.

"Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright.

Does my work have to be published to be protected?
Publication is not necessary for copyright protection. "


as for fair use

"How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports."


blinkied dolls are not commentary, critisism, news reports or a scholarly report.

See - www.copyright.gov/fls/fl102.ht… - for the full fair use laws.

Art Theft Will Happen... unfortunately, but I hope I've made a few more of you aware about things to do with your terms of use that you previously have on your sites that you may have to update.

Sorry to bring you all such bad news but hope we can get it sorted shortly.

DDs


If you see a work that you feel deserves a DD drop me a note titled "DD Suggestion" or something similar, with a link to the piece and a short description as to why you feel they deserve it.
-Make sure they haven't had a DD in the Last 3 months
-I also will not be featuring anything that has been traced.
For more details about DDs see This Journal Entry

DollChat

#digitaldolls

come join us in the digital dolls chatroom, grand opening with lots of prizes to be announced soon.


Stamps


Pyrochan-dolls Stamp by Thiefoworld Digital Dolls Chat - Stamp by mokia-sinhall Suggest a DD stamp by Thiefoworld CR - spankingly new by UnicornReality
FairExposure by ppgrainbow Stamp - License To Steal by stop-tracing :thumb102770141: Pro-Criticism Stamp. by mewmewmewichigo
Tea by ChibiRiceball UK Flag by mysage I Support Imagination stamp by c3ph31d

Until Next time

Pyrochan
UK by clairebearer

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:iconisoldel:
isoldel Featured By Owner Jan 2, 2009  Hobbyist Digital Artist
[link] <--Made a middle-ground post for both communities to come together and discuss the issues in a civil manner. I hope I wrote it up in a good fashion. :D Anyways, this will help bring everyone together in an open topic.
Reply
:iconsilverkitty13:
silverkitty13 Featured By Owner Jan 2, 2009  Hobbyist Artist
Thank you for alerting me to this, I will be passing this information to the group of handdrawn dollers on the doll palace forums. I know a lot of them have websites and they obviously need to redo their Terms of Use to counteract what these ridiculous groups are claiming.
Reply
:iconfionacreates:
FionaCreates Featured By Owner Jan 2, 2009  Professional General Artist
so far it seems to be only that one group causeing trouble, another one has backed down, and several people I have been in contact have agreed to remove copyrighted works etc. It's just that one group causing all the fuss unfortunately ¬¬

The big misunderstanding is amoung these graphics groups people seem to believe that dolls are some kind of free type clip art, and once I made it clear that people hand make them, that they are art, and people are upset that they are taking them, they become very agreeable. It always makes a difference if you think you're using freeware. Education is key.
Reply
:iconsilverkitty13:
silverkitty13 Featured By Owner Jan 3, 2009  Hobbyist Artist
I've seen it a lot on the TDP forums. I hate dealing with people like that since sometimes they are incredibly pig headed and we had to take a pretty harsh stance since they kept searching up dolls then editing them. The big problem seems to be that they are younger(or older and think they know everything) and never bother to check the Terms of Use(or sometimes don't even know that they are there). There are still too many people who don't view dolling as an actual art.

I imagine there are other groups all over livejournal and other such sites(I've seen plenty of the editted dolls on those myspace graphics sites), so people should probably be alerted to that too. The blinkie thing with handdrawn dolls is really incredibly common on the social networking sites.
Reply
:iconfionacreates:
FionaCreates Featured By Owner Jan 3, 2009  Professional General Artist
it of course will be impossible to stamp out, but if we can make an impact on just one person, or one community, it will be an improvement on none at all.
Reply
:icontejinashinsen:
Tejinashinsen Featured By Owner Jan 2, 2009  Hobbyist Artisan Crafter
When I redo my layout (Was going to for yule, that fell through) I'll fix my rules. Thanks for bringing it to my attention, I've been neglecting the forums lately.
Reply
:iconfionacreates:
FionaCreates Featured By Owner Jan 2, 2009  Professional General Artist
it's what I do as community relations after all :D glad I was of assistance.
Reply
:icontejinashinsen:
Tejinashinsen Featured By Owner Jan 2, 2009  Hobbyist Artisan Crafter
Oh I know it's your job. XD I just really feel bad about avoiding the forums lately. must be because I'm in a slump heh.
Reply
:iconfionacreates:
FionaCreates Featured By Owner Jan 2, 2009  Professional General Artist
meh, anything that appears in the forums I feel is serious enough to affect people I'll bring up here too, the more people who know the better.
Reply
:icontejinashinsen:
Tejinashinsen Featured By Owner Jan 2, 2009  Hobbyist Artisan Crafter
I think that's why I'm glad you're on the team here. And that I'm glad I started watching you (Other than I still think your dolls are OMG amazing.)
Reply
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