20 replies to this topic

[magic]

I guess this question is more for those who are related with creating stuffs.

I had a magazine with this pic on the cover:



Around 2004 I wanted to try something different, different style. So I decided to try this style, with working with shadows only and came up with this:




Since I put it online in 2006 I see other ppl started to base my work and idea of this pic using it or even stealing it and telling they did it. I remember the last time it happened was about a year or 2 ago when a person added my work in one site and it was clearly noticable it's the same as 1:1 cause there can't be two the same works in the world even from the same artist. I wrote it to site owners and were able to prove I added it online in 2006 and person came up with it later and they also couldn't see any difference so they took the work down. The other time was when I saw this one work being used in an icon but I didn't object. It's kind of nice if ppl are thinking it's good for using it although they could tell it first, so as they didn't claim to be artist of the drawing, I didn't do anything.

Now I've noticed one work in DeviantArt that looks a lot like mine as the shadows you can see are exactly the same as mine. I like to believe that other ppl see less or more shadows in normal pic so they would come up with their own versions where shadows look different. Maybe to draw some line on nose to point out its shape, or line for forehead, maybe more details to ear, different shadow on eye etc. I mean even me would do the drawing different now. The person tells it's their tribute. As I believe they took my work and copied it. It seems more like person even didn't take real pic as a preview but my work.


Here's the link http://nicolesilverl...ckson-147350307

So what do you think I should do or do nothing? Maybe ask person to add reference to my drawing or something? Or maybe it's not even worth it? Or do you think this person didn't use my drawing as reference?

[soap]

It does look similar.
But there is nothing wrong in drawing from other pics.
It's easy to see this girl tried to do it herself. It's not just a digital copy. This is done on a paper and then scanned.
You draw from a pic, she did the same.

[sandwaterfall]

ACTUALLY THIS DRAWING IS NOT GOOD. I DON'T THINK YOU SHOULD WORRY ABOUT IT THAT MUCH. It seems like this person is not creative at all. I understand you when it is not nice when somebody uses your work, but your work is much better you can't compare your work with her. So, I think you don't need to worry about anything.

--->>> Soap, IF IT IS A COPY THEN SHE SHOULD WRITE THE ORIGINAL ARTIST.

magic, if you want of c course you can ask her to put the credit to you because you have all rights to ask that IT IS YOUR WORK and she copied it.

[soap]

It's not like Magic credited Michael or the photographer.
And it's not a copy.

[sandwaterfall]

soap, on 30 December 2009 - 09:34 AM, said:

It's not like Magic credited Michael or the photographer.
And it's not a copy.

If person can't make copy it is not my fault. I never seen when person credits a photographer because if you take a photo from internet you will not find always a photographer name on a picture file or photo. Never have seen when someone credits photographer if person doesn't use a full photo or a part of original photo like a collage. If it is in section "Fan art" you can understand when there is Michael photo used. Magic didn't said it is from live as far as I know.

You can give a credit for photographer. He will be happy.

E. It seems like now we should write all copyrights to our icons, signatures and etc.

[soap]

Lol. But this is the same as posting pics on the forum without showing credits. Also credit might not even be enough if they don't allow us to use their work/photos.
It doesn't hurt so much, because they are big and we are small
But it's the same as this.

It's not even legal for Magic to make her drawing public. As she doesn't own the rights to use the source photo.
With this said Magic can't have any rights to her own pic and can't do anything about copies.

[sandwaterfall]

soap, on 30 December 2009 - 11:16 AM, said:

Lol. But this is the same as posting pics on the forum without showing credits. Also credit might not even be enough if they don't allow us to use their work/photos.
It doesn't hurt so much, because they are big and we are small
But it's the same as this.

It's not even legal for Magic to make her drawing public. As she doesn't own the rights to use the source photo.
With this said Magic can't have any rights to her own pic and can't do anything about copies.

You are talking about credits? I will remind you when you said yourself when that work is very similar to magic's work and can't say when it is made from photo because then it would be different. Let's suppose this when she took magic's work and the photo from which she drew. She could write "Inspired from (e.g. magic's) work ). All copyrights of photo belongs to (that) magazine or (that) web site or (that) photographer".

(ANYHOW I TAKE IT LIKE A COPY. IF WE LOOK AT MAGIC'S WORK AND AT THE PHOTO WE CAN SEE DIFFERENCE BETWEEN THEM BUT CAN NOTICE THAT WHEN THAT GIRL'S WORK IS SIMILAR TO MAGIC'S WORK THAN A PHOTO)

[soap]

We can look at it in different ways.

If we don't care about copyrights and credits, then yes, it's surely looks more like a copy of Magics drawing than a copy of the pic.

But as Magic has no rights to the photo, she can't claim copyright to her own drawing either. Magics drawing is a 'copy' of the original pic too. She said that herself.
Maybe she should just be happy that somebody likes her work so much, that she feels inspired to copy or create something very similar

[sandwaterfall]

soap, on 30 December 2009 - 12:06 PM, said:

We can look at it in different ways.

If we don't care about copyrights and credits, then yes, it's surely looks more like a copy of Magics drawing than a copy of the pic.

But as Magic has no rights to the photo, she can't claim copyright to her own drawing either. Magics drawing is a 'copy' of the original pic too. She said that herself.
Maybe she should just be happy that somebody likes her work so much, that she feels inspired to copy or create something very similar

IN A NAME OF RESPECT she could write at least "Inspirited of (e.g. magic)".
If we look we can say when we all are thief's because where are all copyrights gone from avatars, signatures and etc? We don't count photos but just creative work.
LIFE IS UNFAIR. For example I will tell about book plagiarism. If a person uses only 30% of a original book and for example changes a style how it is written (with a censured words). The original book writer can't say anything because he used only 30% and it is allowed. It was always and it will be.

[soap]

sandwaterfall, on 30 December 2009 - 12:18 PM, said:

IN A NAME OF RESPECT she could write at least "Inspirited of (e.g. magic)".
If we look we can say when we all are thief's because where are all copyrights gone from avatars, signatures and etc? We don't count photos but just creative work.
LIFE IS UNFAIR. For example I will tell about book plagiarism. If a person uses only 30% of a original book and for example changes a style how it is written (with a censured words). The original book writer can't say anything because he used only 30% and it is allowed. It was always and it will be.

See. This is something different

She could show respect and mention Magic. If at least she copied from Magic and she knew she did it. That would be the least she could do when publishing it.
At least when it's as obvious as this one.
But we are all really bad at giving credits
And I don't think Magic has the right to demand it or even to get it removed. Legally that is.

I don't know about copying from a book. But you are not allowed to copy from a photo. Not even use 1% of it.

[magic]

Quote

But as Magic has no rights to the photo, she can't claim copyright to her own drawing either. Magics drawing is a 'copy' of the original pic too. She said that herself.

As you can see I didn't make a copy of the drawing so back off. If drawing celebrity would be against law there wouldn't be so many sites to lets ppl to add their drawings.

Quote

Maybe she should just be happy that somebody likes her work so much, that she feels inspired to copy or create something very similar

If she would take Michael's pic and would do her own work from it, I don't care. I don't own the pic. But she took my work and made a copy of it and claimed it's her.

Quote

She could show respect and mention Magic. If at least she copied from Magic and she knew she did it. That would be the least she could do when publishing it.

This is why I am talking about. So I don't see why you have problem also in this thread.


Nik relax, you are the reason why I am not posting my drawings in this forum anymore so you don't have to worry about you getting in jail cause of me. Hallelujah to boring things!

p.s. I made this thread to creative persons, not for law obsessed ppl. So I want to know opinions of ppl who understands what I am asking about.

p.s.2. sorry about posting pic of Michael in this thread as it's against the law I guess. I hope God will forgive me and I will not burn in hell for that.

[soap]

magic, on 30 December 2009 - 02:24 PM, said:

As you can see I didn't make a copy of the drawing so back off. If drawing celebrity would be against law there wouldn't be so many sites to lets ppl to add their drawings.

Back off. Lol. Why is it that you always say that.
I can see clearly that you copied the photo. And I guess it's the only reason for you to show the photo too.
Drawing celebs are not against the law. Copying is
And they don't just close all shops, because one person is stealing from them.

magic, on 30 December 2009 - 02:24 PM, said:

If she would take Michael's pic and would do her own work from it, I don't care. I don't own the pic. But she took my work and made a copy of it and claimed it's her.

You copied a photo and she copied a pic. It's the same you both are doing. The only difference is that she copied a lot more than you did.
She made the drawing. She is right about that. But she hasn't been as creative as you.
And as long as no pics are for sale, it should be 'ok'.
Noone looses anything from this.

magic, on 30 December 2009 - 02:24 PM, said:

This is why I am talking about. So I don't see why you have problem also in this thread.

I don't have any problem.

magic, on 30 December 2009 - 02:24 PM, said:

Nik relax, you are the reason why I am not posting my drawings in this forum anymore so you don't have to worry about you getting in jail cause of me. Hallelujah to boring things!

I'm always relaxed. OK. So now it's my fault you don't post drawings.. great..

magic, on 30 December 2009 - 02:24 PM, said:

p.s. I made this thread to creative persons, not for law obsessed ppl. So I want to know opinions of ppl who understands what I am asking about.

Then I'm creative. Threads are for everybody.
I'm not obsessed with the law at all.
And we all understand. You just don't like critics.

And as I said. Why not just be very proud of it. That she likes your drawing so much, that it inspires her to try to make her own.
She doesn't claim to have invented this style or anything.
I could understand if you had put it up for sale and she did the same.

[magic]

Quote

I can see clearly that you copied the photo. And I guess it's the only reason for you to show the photo too.
Drawing celebs are not against the law. Copying is

I did NOT copy anything!

Quote

And they don't just close all shops, because one person is stealing from them.

what shops? having nightmare again?

Quote

And as I said. Why not just be very proud of it. That she likes your drawing so much, that it inspires her to try to make her own.

She didn't make her own. She could take a pic and make her own. But she took my drawing and made the same. It;s not making their own.

Quote

She doesn't claim to have invented this style or anything.

Read my first post aout how ppl see different things in pics and they draw differently especially if drawing deasn't look original pic.

[soap]

magic, on 30 December 2009 - 03:23 PM, said:

I did NOT copy anything!

If you did not copy, then why are your drawing so similar to the photo?
It does look like a copy.

magic, on 30 December 2009 - 03:23 PM, said:

what shops? having nightmare again?

I just compare to other things.
You say why do they have these websites, if it's illegal to draw. It's not illegal to draw.
But it doesn't mean that all people only do legal things.
Then I compare to shops. Because one person steals, it doesn't mean we will not have shops.

magic, on 30 December 2009 - 03:23 PM, said:

She didn't make her own. She could take a pic and make her own. But she took my drawing and made the same. It;s not making their own.

She could take another pic. But probably she didn't see the photo. She just saw your drawing and liked it.
Lots of people are not as creative as you and have the skills to make their own.
What this girl did is a start. Everybody needs to start and then evolve. Learn to do better.
Of course she would be proud of what she managed to do here. She didn't just copy. She used a pencil and didn't copy exactly 1:1.

If we look at some of your other drawings, then they also look a lot more like the photo. You copied more.
It's different how people do it from drawing to drawing.

If she just made a digital copy in paint and added few things, then of course it wouldn't be right of her to do. But she actually put work into this. Maybe even lots of work.

magic, on 30 December 2009 - 03:23 PM, said:

Read my first post aout how ppl see different things in pics and they draw differently especially if drawing deasn't look original pic.

I did read your first post and I do understand what you mean. And I do agree it's a copy of your drawing.
She might not be as creative as you. Or she just like it so much, that she doesn't want to change it.
Drawing an exact copy is a big task for many people. Even I would have a hard time doing what she did.
And she didn't just click copy/paste. She did put time into making this drawing. Although it might seem too simple for you and just look like stealing.

[magic]

Quote

If you did not copy, then why are your drawing so similar to the photo?
It does look like a copy.

Copy in drawing means take pic, use copy paper or whatever. Or take a pic and make in in Photoshop to make it look like drawing or paitning. I am not doing that.

Quote

Of course she would be proud of what she managed to do here. She didn't just copy. She used a pencil and didn't copy exactly 1:1.

Yes, she did it 1:1 from my drawing. I made it and I didn't make it 1:1 as original pic. As you can see it looks a lot different than original pic.

Quote

If we look at some of your other drawings, then they also look a lot more like the photo. You copied more.

ee above about what copying pic is.

Quote

And she didn't just click copy/paste. She did put time into making this drawing. Although it might seem too simple for you and just look like stealing.

This thread is not about time she put into it. It;s not what I was talking about. It doesn't matter about the time she put in it.

[sandwaterfall]

OH MY PARROT!!!

it seems like button is pushed on repeat... XDDDD

NOT ALWAYS COPYRIGHT CAN SAVE YOUR WORK FROM THIEF'S AND COPYING.

[soap]

Magic. I understand you. Copying to me is just looking similar. How you do it doesn't matter. It's still copying.
You might feel hurt because she is using your work.
I just don't think you can do anything about it.
Of course you can write her and ask her to give you a little credit.
I just don't think she will remove her drawing/copy.

[Eriny]

soap, on 30 December 2009 - 03:17 PM, said:

And as I said. Why not just be very proud of it. That she likes your drawing so much, that it inspires her to try to make her own.
She doesn't claim to have invented this style or anything.
I could understand if you had put it up for sale and she did the same.

Quote

She could take another pic. But probably she didn't see the photo. She just saw your drawing and liked it.
Lots of people are not as creative as you and have the skills to make their own.
What this girl did is a start. Everybody needs to start and then evolve. Learn to do better.
Of course she would be proud of what she managed to do here. She didn't just copy. She used a pencil and didn't copy exactly 1:1.

I agree with that.
Probably, even if she saw the photo, she used your picture because it was easier to "reproduce". I can't draw (at all) but I used to copy images and drawings. BUT - I never claimed that they were mine, MADE by ME. Is that the signature she put on the drawing that bothers you, Magic? What if the girl didn't knew that putting her name on the pic makes it hers? She just made it, wanted to feel like a real artist... Well, you can't know for what purposes she made the drawing - a competition, or just to put on her wall, or she earned some money out of it? Would it change something for you if you knew it?
Be real - EVERYTHING that you put on the internet can be "stolen" weather you put tags on it or not. It's a public space, things are taken from it, modified, mutilated and put back as new... People in forums don't credit others or do it very rarely. We've all sinned...

Let's go back to the questions:
Q: - Do you think this person took it from me?
A: - I'd say yes. --> Did she put a paper on your drawing and copied it? - Nope, I don't think so.

Q: - So what do you think I should do or do nothing?
A: - I don't know, it depends on what you want to get from this person (or this situation). You can leave a comment in DeviantART with a link to your drawing, then wait and see what happens...

Q: - Maybe ask person to add reference to my drawing or something? Or maybe it's not even worth it?
A: - You can try to contact her, ask some explanation... It can take loads of time! And you can get two things:
a ) "I'm sorry, I should have given a credit to your drawing, I'll put "Inspired by Magic" on the pic;
b ) "Back off, I don't know what are you talking about, I didn't copy, it's my drawing!"
If it's the first case - OK, congrats! If the second - sorry, it will be a waste of time, energy, nerves... I'd say, it's not worth it, but it's your drawing, it's for you to decide.

Q: - Or do you think this person didn't use my drawing as reference?
A: - As a reference - yes, but - you can't know it for sure, for 100%... Maybe somebody else saw the same pic and decided to re-make it in the same computer-graphics style as you and came up with something very similar. In fact, the pics that I've seen made in the same style look pretty much like copies.. I don't know how they are made, how artistic they are and how much creativity is needed but nowadays you can take any picture and mutilate it with PaintNet or some other picture modifying programs and mutilate it till you won't recognize the original!... [Careful - I don't say that you did that, Magic!] And I'll say it again - if you put it in the internet, you can't be protected from anything.

[magic]

Eriny, yes, I can't protect it and yes I do know it will continue no matter what. But if I see my drawing somewhere and person claims it's their I do act and contact straight the owners of the site and THEY are he ones removing the pic.

Nik, if that drawing would be mine, meaning if the person would take mine and tell they did it, I would contact DeviantArt and ask them to remove it.

In this case person took my drawing and remade it, I would say copy it. As they didn't take mine but remade it I would expect the link to my drawing as reference or something being provided, not drawing deleted. I didn't mention about it being deleted.. All I was asking in this thread if ppl also think they took my work as reference. Or am I the only one seeing it. If I am the only one then I need to ignore it. If ppl also see it's clearly as person took mine drawing as reference then I need to act.

[Sharon007]

I think u should approach this person about the artwork. It looks exactly like yours apart from she drew it with pencil.