copyright rule

Posts: 7 · Views: 123
  • 11227

    i would like to know if there is a copyright issues with drawing a picture i saw here and uploading it/selling it in time to time i see awesome wallpapers and i feel like drawing them and painting them in photoshop but i am in great doubt about copyrights,i mean,i draw it all from 0 and edited everything,so basically the content in the wallpaper is not mine but the drawing is,i wonder if thats okay to upload it ?, since i am more or positive it is okay i already did upload my wallpaper ,i will post a link here for the original wallpaper and my version in case that will help you guys in answering me.

    original : https://alpha.wallhaven.cc/wallpaper/319886

    my drawing : https://alpha.wallhaven.cc/wallpaper/451954

  • 11228

    Drawing and posting them is fine as long as you link the original but selling would not be legal.

  • 11230

    Depends on the country. In Poland, for example, it depends on the copyrights of the original image, and the qualification of your work (derived or inspired).

  • 11234

    MySweetsGone We're not in a position to decide that. It depends entirely on the original creator of the work or whoever else holds the copyright. Generally speaking you have to go ask them.

    There are however many cases where this becomes unnecessary because the copyright holder (in the case of Anime typically some publisher) has given out general permission to create fan work without profiting from it. So basically as long as it's "just fan stuff" and you're not selling it you're usually fine. That's why darkdragon's answer is mostly correct when referring to fan work.

    It doesn't matter whether you draw an exact copy, reuse parts of the original or even draw something noticeably different. In the case of that Anime it's safe to assume that the character itself is subject to copyright ownership. For example if you drew a Disney character in a random pose and sold that for money you'd still owe Disney royalties.

  • 11236

    hello,so basically i shouldn't be worried to share this picture in a non profit way because like you said with disney many people draw disney characters and post them as fans in a non profit way simply because disney allows fan work to be published. thanks alot,please if i may,can i ask 4 more yes or no questions to confirm i got it right?

    question number 1: if i understood correctly the thing here with me is that i actually drew an anime character from "kancolle collection" from a guy that also drew hes own version of that anime character so...he didnt actually invent her so in that case so i dont need to ask that guy for permission to anything right?

    question number 2: in order to even benefit from it by selling it i would have to contact directly to the kancolle collection creators (not to the guy who drew that picture)?

    question number 3: so it is safe to assume kancolle creators allows that fan will publish fan works without benefit from them just like league of legends for example?

    question number 4: you said i'd owe disney "royalties"? by royalty you mean that if for example i drew a league of legend character in a different pose and everything i'd still need to ask permission from league of legend in order to sell it? sorry im dumb lol.

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  • 11238

    Let me just clarify that I'm not a lawyer or even an expert on copyright. If you plan on making a business out of this you should do some research and find some more reliable sources than me. ^^ Some quick googling turned this up, which seems to answer a lot of your questions.

    At it's core copyright is simple: If you're the original creator of something it's yours to do with as you please. If someone else is the original creator you have basically no right to do anything with it at all, unless the creator has explicitly given you permission.

    As the term "copyright" implies, you're technically not even allowed to "copy". On traditional media that was easy enough to enforce. The internet has turned that upside-down, because when you view a picture on your own device you've already technically copied it into your device's memory. That's why copyright has turned into a massive grey zone of mystery and confusion.

    Things get complicated when more people are involved, especially when they come from different countries (laws, jurisdictions). I'd go as far as to say that the only way of really being safe is to just always create original work. If you plan on selling things that's the route I'd take.

    In reality the vast majority of copyright infringements are so minor that simply no one cares. That doesn't make them legal, it's just very difficult/expensive to prevent it. That's why as long as nobody is earning any money publishers tend to ignore it or even support it. What would a publisher gain from expensively tracking down thousands of people to prevent them from posting essentially free advertisement?

    Of course once real money is involved that may change very quickly. Even more so when you deface things in a way that makes them offensive. For example if you start plastering Mickey Mouse dressed as Hitler all over the internet you might get an angry letter from Disney.

    As for the average hobbyist/freelance artist on the internet, they typically don't even have the resources to really prevent others from copying their work. They can yell at you and maybe if they're from the same country they may be able to take some legal action, but that's rare enough.

    In practice I think it's really more of an ethical decision rather than a legal consideration. If you copy an individual's work it's only fair to let them know (or better ask beforehand). If you make money off of someone else's work, don't you think they deserve a cut?

    So with these considerations in mind I'll try to answer your questions:

    1. The guy who created the picture holds it's copyright, so he's the one to talk to. If the picture shows a character that is owned (tradmarked) by someone else that's mostly between them. Of course the reality is that they probably never talked to each other to begin with so I wouldn't worry too much about it.

    2. Probably both.

    3. Ask them. Check their website. In reality they probably probably benefit from fan art and don't have a way to prevent it anyway. But that doesn't mean they necessarily accept it.

    4. "Royalties" means money. Typically if you sell artwork based on characters owned by others, they will allow you to do so on the premise that they get a share of your earnings.

    sorry im dumb lol.

    Nope, this shit is just confusing. I hope I could help a little.

  • 11241

    okay,its all clear now,so basically like you said if someone creates hes own artwork of some lets say "disney character" and i copy hes artwork then in order to benefit from it i would probably have to ask both disney and the guy who did the artwork,its decent enough .. before u answered me the second time i assumed that in a case like that i would only have to contact disney and completely ignore the other guy but nah,thank you and have a great EVERYTHING ALWAYS XD

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