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Did this person stealing my character?? (Case closed)
10 years ago
>>>>
moriaarchi
well her character is so damn similar(i think it downright the same) to my character drawn two year ago... except that big dick
let compare with mine one
https://www.furaffinity.net/view/10198139/
accessary(check), body pattern(check), etc(check)
well once i gather enough stuff this guy is sooo dead....
add-on
btw i did a double check with one of the commissioner who that appear nearly the beginning and he told me that he use the picture of my shark for my reference(given by commissioner)
and it was now rename as my name due to that(ref below)
http://dmxwoops.tumblr.com/post/979.....of-a-character
Matter resolved~ case closed
moriaarchiwell her character is so damn similar(i think it downright the same) to my character drawn two year ago... except that big dick
let compare with mine one
https://www.furaffinity.net/view/10198139/
accessary(check), body pattern(check), etc(check)
well once i gather enough stuff this guy is sooo dead....
add-on
btw i did a double check with one of the commissioner who that appear nearly the beginning and he told me that he use the picture of my shark for my reference(given by commissioner)
and it was now rename as my name due to that(ref below)
http://dmxwoops.tumblr.com/post/979.....of-a-character
Matter resolved~ case closed
But honestly, unless it's a big deal to you or affects you financially, I dunno if it's worth pursuing.
If it were me I'd message an admin and then leave it be.
didnt realize the thief seek even more other than i know~
But id say this is a theft
now i regret that i should have persist and asked who the commissioner is
Yet another scumbag, woo.
And in my comment, I remember asking you if this person bought this cute shark/dragon hybrid of yours, because even if her design is totally stolen from her, during a set amount of time that Moria person was also exhibiting your original picture as well. So the thief art is clearly real.
Really sorry to hear that you wasn't consent, and hope anything is possible to do any justice for you about this story.
Yeah I did, the last comment is me and is from last October 2014, I feel sorry that I failed to forewarn you =/
(I wasn't really active still on FurAffinity, but maybe I would have better chance into contacting you from here ._. )
Wish you good luck against this case of abuse towards your character (which I'm really fond of >w<' )
gg mods.
1. It does not appear that they actually took any of your actual pictures and used them. Instead they had new pictures made, maybe even used your picture as a reference, but still they are not derivatives of your picture.
2. They are not claiming your character's name, nor claiming to be the same character as in your picture are they? If they were, then that would fall under impersonation, fraud, or just simply lying. But I think they're only claiming to be their own character.
tl;dr - The character was based on your pic, but it doesn't appear to violate copyright.
Copyright protects intellectual property. I can add that this violates the creative commons too.
A character concept is part of the intellectual property and this kind of violation cannot be tolerated.
And an artwork is considered a tangible work in the international laws. How do you think authors could protect their works otherwise ?
And if the copyright isn't enough it violates the creative commons that are here to protect creative works worldwide.
And at first it isn't a question about laws but it is an ethical issue. You cannot just pick a character created by an artist and tell everybody "looks it's mine !"
It makes no sense :/. This kind of behavior must be (and will be hopefully) punished.
#1: This might better explain how copyright law does *not* cover concepts:
http://www.dmlp.org/legal-guide/wor.....ered-copyright
"Copyright does not cover ideas, concepts, and principles themselves, only the form in which they are expressed. For instance, merely coming up with an idea does not make you the copyright owner because you haven't actually expressed anything. You become the copyright owner only when you put that idea into "expression" through words (e.g., in a blog post) or other tangible form (e.g., in a video, a photograph, or a podcast).
For example, Einstein's theory of special relativity is not copyrightable because it is an idea (or concept or principle). However, Einstein's article, "On the Electrodynamics of Moving Bodies," in which he explained and expressed the theory, was copyrightable.
If you come across an idea/concept/principle, you can use it in your online work with out fear of liability as long as you do not use the form in which it is expressed (which may be copyrightable). However, you should consider citing to the source in order to avoid a claim of plagiarism."
Basically the artwork is under copyright, the concept is not.
#2: Patents are entirely unrelated to this issue. Those laws cover concepts and design. Laws on this usually differ by country, and usually require annual payment to keep covered.
#3: I did not state that the artwork doesn't constitute a tangible work. I even stated that electronic works are considered tangible under copyright law.
#4: Creative Commons is not a law, but rather an organization which helps participants to choose and communicate which rights they retains and/or waive under copyright law. Unless the artist has placed this under a creative commons domain and specified which rights they have given up, then it is assumed that they have reserved all rights under copyright law.
http://en.wikipedia.org/wiki/Creative_Commons To read up on a bit more about exactly what Creative Commons is. It is not a law, but an organization.
#5: I can agree with the ethical issue, but this would fall under plagarism not copyright law.
the concept was expressed. through artwork.
by your logic, i can completely rip off any character i want and change the name nothing else, and claim its mine? naaaa.
"Copyright does not cover ideas, concepts, and principles themselves, only the form in which they are expressed. For instance, merely coming up with an idea does not make you the copyright owner because you haven't actually expressed anything. You become the copyright owner only when you put that idea into "expression" through words (e.g., in a blog post) or other tangible form (e.g., in a video, a photograph, or a podcast).
For example, Einstein's theory of special relativity is not copyrightable because it is an idea (or concept or principle). However, Einstein's article, "On the Electrodynamics of Moving Bodies," in which he explained and expressed the theory, was copyrightable.
If you come across an idea/concept/principle, you can use it in your online work with out fear of liability as long as you do not use the form in which it is expressed (which may be copyrightable). However, you should consider citing to the source in order to avoid a claim of plagiarism."
Then go check the original pic from the artist.
This character has a Name and a background. And this isn't only like an idea or something, it's a VISUAL concept. It means it's illustrated. It means someone worked hard on creating it.
How do you think graphic designers get paid ? It's considered expression (and invention depends of the country) so it is copyrightable.
I made a mistake with the creative commons i'd give you this (also nice wikipedia). It has almost the same translated name where I live but it isn't the same thing at all.
To DreamyCoon: Straw Man argument. You're claiming I stated something I did not.
To Tailhub: Please show the copied or edited picture. This user is using pictures that are not traced or edited from the original, instead the user used the design which (again) is not copyrighted. Dragoon86 does not have a copyright on the concept, only the work. This does not state it was not plagarized, but it does show it was not a violation of the copyrighted work.
Why do you think they applied the copyright to visual creations in the first place ?!
This is a simplified explanation, but here we go:
1. I draw a picture of a dragon.
2. The picture of the dragon is copyrighted automatically at time of creation.
3. Someone else draws a different picture of the same dragon.
4. The design or concept of the dragon is not copyrighted by me because I cannot copyright a concept, only the work; so there is no copyright violation.
Plagarism, perhaps. Especially if they claim it was not based off my picture of the dragon. But it is not a copyright violation because it does not violate the copyright of my picture.
Yeah ... believe this if you want.
I'm not gonna repeat what I already said.
The dumbest thing I've read today.
Don't understand why people do that :/
Since the artists were told to use your pictures as a base, I don't get why they still drew it. Did the request had a message like: "don't worry, dragoon allowed it!!11"?
At least the one commissioner you linked gave credit to you now, hope they all do it.
I made a RP character on F-list, a simple black panther that was created randomly with someone else and I liked it so much that I found images that could picture her.
Then I decided to get commissions with the character and everything was fine...
But then someone contacted me and told me that my character and his character was very similar... the refs I had been using was of his character of course (Which I first thought was okay as they they seemed like a generic character so I thought no one would mind... I was wrong on this).
I felt terreible about it so I asked what to do? I had already got 4 pieces of artwork and didn't want to throw them away... he told me to change her hair style and it would be fine (as they both was just black cats so not much else could be changed)
So if you haven't taken action yet... contact the person and hear their side of the story before doing anything with an admin... they might not know what they have done and there can be a way around it without getting messy with admins.
yet dont respond?
take admin action. now.
they claim she came to them in a dream, lol but shes too exact a copy. sorry this happened
read my add-on on my journal~
proof from one of the commissioner