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Are fan arts allowed these days?

Journal Entry: Thu Jan 2, 2014, 12:29 PM
  • Mood: Neutral
  • Listening to: Listening to Joe Rogan pod cast
  • Reading: Currently reading Stephen Kings Carrie
  • Watching: Ridley Scott Blade Runner
  • Playing: GTA 5
  • Drinking: red bull
It's been years since I wrote a journal here on deviant art. But this time I think I am entitled to it because a  moment ago, I had received about 13 notes from deviant art staff regarding my fan arts of a fitness individual I did are not allowed due to copy right infringement. I don't blame deviant art coz they have a business to run and have to make certain situations like this avoidable so that their site is running. What annoys me so much right now is that ' fan arts' how is fan arts not allowed, I'm NOT selling my shit fan arts coz I know its wrong to do, so why not target those who steal art and sell art, not users who do fan arts for fun. What exactly is wrong with doing fan arts of something we choose to like? The reason I brought this up now is because I am tired of getting threats about fan arts not being approved or allowed, and on top of that in this case. Deviant art had to delete the ones I did because a photographer was, or should i say unhappy with it its use. Mate its a fan art, get over it, if anything you take joy that there are people out there who enjoy your work that they go and do their art based on it crediting you and the model, I know with most of my fan arts, most times - I can't credit the photographer because i don't know who to credit it since the image i worked on, there are other funny logos slapped on it, so why not hit them to with the complaint? For the past hour, raving and ranting via my facebook about this, this thought also came across.. why not ban comic con events, cos the individuals who dress up as their favorite icon or hero, the creator, photographer, model or the person who wipes their ass with it is unhappy with it being used from us as costumes or fan arts. Why not take the fun out of it, take the fun out of art and creating art whether it be fan art or art.. 

This has happened to me numerous times and most times I don't usually get a say on it, because I try not to allow it to annoy me.. but for fuck says mate.. it's a fan art of your work. If I was the photographer and an individual took the time to do something off my work, and he or she credited me. I'd fucking show the world that I have a fan, not file dmca reports to make the artist feel shallow about it. What's also upsetting is the thought of this, I'm stretching it now, but its a possibility the photographer must of contacted the model to find out whether she approved the fan art or not, not that fan arts need permission if you are doing nothing wrong with it, the model could have easily told the photographer to chill out and take joy that someone did a fan art of our work. What's the big deal? But if she didn't, then I have completely lost respect for her and the photographer for being so up tight about this. There are hundreds maybe millions of users via this site who do fan arts of marvel, you see Marvel file dmca reports to them? (depending if they stole art and sold it without the proper rights and process, then yeah hang em.)
But before you comment and say most individuals hate us for doing fan arts of their materials or based off their materials, fair enough, there's this thing most normal righteous people do, email kindly about it for it to be taken off. Rather than hit below the belt. I've made errors in the past, but as soon as i get an update from other users about the source of material (depending if they know), I always update the description box with the updated info and credits to the source, then I email them about it to see if its cool. And they are cool and thankful for the fan arts I do and consideration of emailing them the update.  Sometimes they ask me to take it down, I take down.  No complaints or head ache. 
But this, warnings and threats of deleting accounts based on fan arts, knowing that we have been members here for years doing the same routines in fan arts for recreational fun creation outlets and credited the reference material, yet the system here warns you of three strikes and you're out.. REALLY?? 

Right now, i am tired, extremely  pissed off, and fed up of all the silly ass restrictions regarding art or fan art, these codes or numbers written in books to protect copy rights and  holders, are confusing and most of it isn't fair at all. Why not hit people that actually steal peoples art rather than hit us who enjoy doing fan arts as a recreational hobby.  I do my best to credit everyone, and if I can't - I leave a note on the description box asking for info so I can update it later.. and others do that too. 

If anything the photographer could have of easily emailed me, rather than threaten me dmca and account lost via deviant art. That to me is below the belt considering how long of a member I have been with Deivant Art. And to top that, most users here are fan art based who do fan arts!!!! So it's a mix of artists and fan artists.  So all this nonsense is really invalid. And there will always be haters out there fucking with us.. 

Sorry for the raged rant and on a lighter note of things.. happy new year 2014 for all. I guess on the brighter side of things I still do have an account here which matters, but man.. its just fan arts..  why the hate??

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AboveTopSecretDotCom Featured By Owner May 8, 2014  Professional Filmographer
I appreciate your experience/story about the unlawful censorship and removal of your original art. Thanks for what you've shared/promoted on dA. Please consider joining, if you need more support and/or more freedom to post your fan art. Most (if not) all of the staff-members at Shadowness are user-friendly.
KHUANTRU Featured By Owner May 8, 2014  Hobbyist Digital Artist
morning 'Abovetopsecretdotcom' for sure mate, i've already signed up with shadowness a while ago, not sure what level i am on..  think level 8, need to rank up more when i can. :)
AboveTopSecretDotCom Featured By Owner May 17, 2014  Professional Filmographer
I appreciate your kindness and reply. It's cool to know you already have plenty of exposure on Shadowness & dA now. My name is Chad, but I am known as CAS b/c it's my nickname too. This year, there's going to be many art-community pages started for us (free & independent artists) to promote uncensored galleries, musicians and art portfolios. So if you ever want to share control of our facebook and pinterest pages, allow me to personally promote you as co-admin of the future "Art Portfolios" pages being developed now.

We may get a lot exposure because we manage fan-pages for art companies and independent artists daily.
FreezeFrameIt Featured By Owner Jan 7, 2014  Hobbyist General Artist
I think I <3 you. And I defiantly love fan arts! As a matter of fact, I saw your work on the Die Antwoord Facebook page and came here just to see more of your work. I guess Bosch would be rolling around in his grave, because I added The Garden of Earthly Delights as an overlay to my fan arts :O 

KHUANTRU Featured By Owner Jan 7, 2014  Hobbyist Digital Artist
:) luv you too mate, thanks for dropping by with the comment and support on the art, glad you enjoy the fan vectors I do here and on FB as well.
crcarlosrodriguez Featured By Owner Jan 4, 2014  Professional Digital Artist
My dear friend, the worst thing is you recieve notifications for some art pieces and the 80% of the stuff in DA (portraits, pin ups, illustration, etc is made from referencial photos or like fan art tributes, so why some works are accepted and others not?

I believe when we decide show our art to all world we lost part of our rights about it, because now all our stuff is on the web to be shared in many ways from people of different places, so i think is really stupid waste time trying to control everything about our artistic stuff as a fucking police department.

As I've said in FB, try to do your stuff inspired in referential pictures but creating your own characters, don't do a exactly copy of referential photos, use it only to inspiring you, is the best way to avoid that kind of troubles and say to all these assholes: FUCK YOU with many pleasure.

And other way is you try to hire models to work with you, is very usefull and nobody can say shit about copyright and the blah blah blah drama of always.
KHUANTRU Featured By Owner Jan 5, 2014  Hobbyist Digital Artist
thanks bro, will definitely keep that in mind, i'll reply back via you on FB for personal reasons. I don't blame deviant art for deleting the images because they do have a business to run, but i am tired to this point of the threats and codes for something that is so minor where i people credit the source and use it for non commercial use aside from sharing it to show that they, i like the material. I've dealt with people before, and even emailed them the updates of fan arts etc etc, a few select few would ask me to take it down, so i do. No harm so i take it down because i respect their wishes, most allow. which is great, some don't. It's something i am fully aware, but the photographer or who ever could have easily emailed me and asked rather throw bombs at my way and try to delete accounts based on this 3 strike rule. I've got a friend who owns cut and jacked site which is this site for health and body building and he basically says the same thing as others, which is more or less the same thing. 

It is a controversial subject, with never ending answers and a lot of "twists and turns". I've ignore and dealt with stuff that is outside on deviant art and facebook, i've done nothing wrong - WE have done nothing wrong, we don't sell the fan arts, we credit the source material and just share it. but as said mentioned before trying to delete an account for example, block and black list a web site and or an account for example via mm is below the belt for me. which i can't tolerate because it makes us feel like we did do something wrong. 

i had this funny argument (exchange of emails) with a traditional artist, he basically said i was in the wrong and it is expected, so when i countered what he said, the paintings, the sketches you did from the british museums and other peoples property isn't that copy righted as well, you have to credit the source right? did 'big ben' or london parliament give you the permission to draw from it exactly or alter it's original form or color? what about the sketch you did of someones property? did they contact the house holder to ask for permission to draw it.  - its all nonsense to me. This is taking it out of context, when photographers take pictures of landscapes or sky, i'm sure or i'm guessing that they got approval from God to allow for them to take pictures and be able to sell it? lol

the codes and restrictions, i understand it - its about control. Its always been about control, - i'm not going to stop what i do, and i'll probably continue doing what i do, (just avoid certain photographers and models) but i hate getting threats for something that is harmless and i've been doing for a while. All they had to do was email and request, and we will follow and respect that choice, and move on.

i'll get back to you on fb bro. 
crcarlosrodriguez Featured By Owner Jan 4, 2014  Professional Digital Artist
by the way, sorry for my bad english, i was typing text quickly and i couldn't have time to fix it. Sweating a little... 
Colourbrand Featured By Owner Jan 4, 2014  Hobbyist Digital Artist
From what I read and what you have told me, I think this individual is a fool; if one puts an image out on the net, decent fan-art is the best thing; I have seen famous people and characters depicted in a LOT worse!

I think if fan art is done in a respected, honourable way, to me there are no issues; its when it descends into something perverse, sick, disgusting, abusive, or offensive then there is a rightful issue about it.

I have seen your fan art and I have never ever seen anything offensive about it; you do the vector of the image; in fact some of your art has made the image of character or person more striking; great examples are the Dark Knight pics.

I personally would name these drama whores who have beef about such vectoring; I suppose asking them first would be ideal, but I think the retalliation that you have described is too stupid and counterproductive to them.

I do a lot of fan-art about my favourite sci-fi; if I ever got a "hater" and "a complaint, I will make sure EVERYONE knew who and make sure that the people are condemned vehermontly. Trust me, the masses do not tolerate a handful of people bullying; if they do not like their image 'touched' - don't put it up!!

Learn from this my friend, think of a cunning plan and you will get through...good luck!
KHUANTRU Featured By Owner Jan 4, 2014  Hobbyist Digital Artist
Huge thanks for the reply Colourbrand, thanks bro. 

It is frustrating to deal with haters, i just wish everyone can get along with it and deal with it in a better way (non threatening manner) I've heard of 5 on my friends list, just a few over the six years who's account has been deleted off here, on face book and other social sites. Even when they invest money on their own website to upload their art, it can also be deleted off because of a group or an individual who files a complaint to google or what ever web service is out there hosting. 

It's always controversial subject with different opinions countering each other with valid reasons and non valid reasons, my grudge against all this is there are layers of codes people are unaware of, or don't even bother with educating themselves with coz its like 10 book novel over the dos and don'ts, and if you do manage to read it all.. its usually.. a no. Which is probably why we do it, rebel against it and just go with the flow with the art, if it goes down. People rave, rant  and maybe troll out their names. 

In this case, its another person, sorry its a couple that are on my list to avoid now. The fan art of the fitness model is just as responsible as the prick photographer for hiring an attorney to contact D.A for filing and deleting the fan arts of her off my port.  It sucks, because this examples sort of feels like the little people are not allowed to say or do anything while the upper people can get away with anything, just like how you put it, a form of bulling. 

but now I'm definitely staying away from fitness pics, and will take my chance doing fan vectors of movies, games, and erotica nude models - since there is no harm so far. Cosplay i'll still do fan vectors of those, if anything interesting images catches my attention i'll go for. 

It's pathetic that there are ego maniac photographers out there, as well stuck up ego models too. 

I'm not saying all photographers nor models, since I still am in good contacts with them on doing fan arts of them. Just like you say, if photographers or the general public don't like their image touch, water mark it with their notes, leave a note about it on the given space on the description box (which is pointless since everyone usually steals the materials and claim it for themselves, and uploads it on their account which is another issue - that's where the confusion happens) - or don't upload it on the net. 

thanks for the reply mate. It is always interesting to get yours and others point of view in this. 

Colourbrand Featured By Owner Jan 4, 2014  Hobbyist Digital Artist
My pleasure sir – it’s a disgrace about what has happened but to be honest I am nit surprised; more stunned that some sad pathetic menial individual who “thinks” they are ‘great’ – and that is because his mother and cat say so, think no one should DARE fan art their stuff.

Fine, it deprives them of attention, and without attention, have a wild guess how long their business will last!!

As for the uppers getting their way, I am not surprised – at you yes, but not surprised that TPTB are like this.

Thanks to Edward Snowdon, he has exposed the nature of how the web is controlled; people like the NSA and such would say its about protecting “national security”; in truth it’s a lot of powerful pricks who want their cake, eat it, stay thin, and dictate terms to all. The net is the most democratic form at the moment, but big business and power mad people want to reign it in and control it.

I think you should name and shame, I would – only if its true, and see the fall out; reminds me of the cases where the Elvis Foundation and the Diana Memorial Fund tried to copyright the images of these people and make them exclusive to said organisations; thankfully common sense won the day and these organisations failed – and collapsed.

Just like these fools.

Do what is safe but warn others; with luck these pseudo buffoons will fade away.
ZOMBIEBITME Featured By Owner Jan 2, 2014  Professional Artist
fan art is completely allowed, that or EVERY single artist who sells their fan art on websites and at conventions would be sued! No one has the right to take down your work especially if you are crediting the original image. 
KHUANTRU Featured By Owner Jan 2, 2014  Hobbyist Digital Artist
Hey Shan, it happened, deviant art deleted the images off and that scumbag model and photographer got away with it. Its so annoying to have to keep dealing with this. :(
ZOMBIEBITME Featured By Owner Jan 3, 2014  Professional Artist
deviant art doesn't delete (usually they don't look into it they just remove it) anything unless images are reported. Which means you have some one hating on you which is dumb, You can repost your stuff and I'm sure it will happen again but you can also complain to DA about it too because you are not violating any rules. If fan art was wrong so would cosplay be... we are taking the characters and making our own images from them. Same thing you are. 
KHUANTRU Featured By Owner Jan 3, 2014  Hobbyist Digital Artist
Thanks for sharing Shantel, i could re post it but like you say, its either the model or the photographer just hating and they will just send another dmca complaint and the cycle continues which in the end could cost the deletion on my account, same nonsense happened on my mm account a while back, and the blacklist from google as well, but on the notes regarding the fan arts, deviant art left a note about if i get another 3 strikes on fan arts again, then they will delete the account. There is an option about 'fair use' but with that it's a long process which involves money on deviant art terms, so i'm not going to bother with it. What is gained out of this, is that the photographer and in particular this model who i was a fan of, is now on my list to avoid.  I think deviant art needs to know that half, or most of its users are fan based user who do fan arts or work from existing materials as reference or inspiration, or in many cases - a foundation for people to grow and develop their craft on. As long as credit is added eventually, its all fair and good. It completely sucks that deviant did delete the images filed by the complaint, but it's also annoying- knowing that there are haters out there.
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