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My thoughts on DMCA ( Digital Millennium Copyright Act )
11 years ago
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DMCA That! DMCA This!
Right this is an odd topic that has been on my mind, As I was wondering around the internet and sites like DA, Weasyl and even here on FA. I have seen those abbreviations more and more as of late. Coming across numerous a discussions about how (as we all like to call it) "art theft" is a terrible crime that is taking place in our little communities and to the most part I can understand the viewpoints of the artists behind the works. On the other hand I myself have traced, referenced and used other artists work in the faintest hopes that i can learn from them... how one artist drew their characters eyes, the other their hands. In the end trying to find out what I enjoy drawing and what I don't.
And thanks to that I feel that I have improved. Am I to be stoned for it? To be pinned as an art thief? See I have a little book that is quite close to my heart that confirms my views on this whole situations and I recommend giving it a read, its not very long nor is it very big but it's "Steal like an artist" by Austin Kleon. Now at first the title will raise some red flags but go on and give it a read... It may open your mind... even just a little.
Anyway I'm off track with what I was going to say about the the lovely little abbreviations "DMCA" see how I understand how copyrights work is that its a lengthy application placed within a state or area and is either approved or denied. a valid copyright is not slapping this little guy "©" wherever "YOU" see fit,
be it on anything.
This is to protect companies that actually take the time to go through the lengthy applications for said copyright. I cant go around and claim coke a cola's brand or can design as my own? I'd get thrown in jail for that! But here is where artists get their nickers in a knot. Your work is your own but you are by choice uploading it to the internet, to the world for all the see. You can not stop people from "stealing" it. You can stop them from downloading it with fancy scripts ( well you can try ), but you cannot stop their eyes from seeing. Their ambitious little minds saying "Oh! i like that "," That looks just like my idea of a character " and if you cannot handle that idea then by all means step away from the computers and stop posting your artwork!
On the other hand I do not condone people that go about and copy entire characters for themselves. Mimicking them for their own benefit. That is what I call "theft". That is the crime here. Not an aspiring artist that struggles to understand the basis of structure and form. Many a artist like myself have had no formal training in the arts, I do it cause I enjoy it but I constantly feel like my art is nothing cause of these fears of been picked out as a scam, a fake, a thief. Why? cause I referenced a knee from another drawing or even a pose.
So if you wish to scream out "DMCA" on someone please remember that you actually need to prove its your own in law and not just by saying but I made it. If its blatant theft then by all means contact the admins and the owner. But hey I'm not stopping you from making another me... I think your just silly for trying to be me. I'm faltered...but you will never be me.
-Nickel
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Jadennh
~jadennh
A very good explanation. Working for an art site, and even working with minecraft modpacks, I have learned that copyright infringment is a civil crime, which is important because you can only bring a civil suit against someone if you can prove monetary damages. If an authour uploads their works to a public site, at that point they no longer have a say in how it may be consumed from then on. I do agree, there is a moral boundary on this consumption, however there is no basis for any sort of DMCA or copyright infringment claims.
