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ppgrainbow β Tracing is Legal
Published: 2009-02-13 20:29:15 +0000 UTC; Views: 7415; Favourites: 92; Downloads: 0
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This is my first submission for the 2009 calendar year and before you start slamming me and making further gross misrepresentations in regards to this stamp about tracing and I am only neutral on the issue:Tracing is legal under the most circumstances and dA has professional lawyers who clearly investigated the issue. They found that it's okay to do it as long as:
1. It belongs only in the Fanart category.
2. Proper credit is given to the original artist. This includes permission and linking back to the original artwork.
3. No profit is ever made out of traced imagery at all.
4. The artist who traced the drawing has no intention to claim the image as their own. Otherwise, it's considered art theft and misrepresentation.
5. The original artist doesn't object towards the said deviant who traced the image. The original artist has every right to report it to the admins if they object and have it removed.
Many professional artists do not like people who trace their art as it is considered an insult to them if it's reused elsewhere.
Please DO NOT brand deviants who trace drawings as copiers in their entirety. Copying art in its entirety can be seen as theft and misrepresentation.
Comments on this stamp are closed. The reason is that only a small percentage of users agree in a neutralised matter. Totally disagreeing with this matter on the legality of tracing is unfortunate.
I cannot stress to the fullest extent that if you are unable to deal with it, then there are other websites where you can post your artwork.
If you still have a problem with this, I suggest that you note me privately.
If you are a subscriber, you can put this in your journal or shoutboard by using : thumb112764560 : somewhere in the field.
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Comments: 317
If you traced a piece of art from someone, you would have to provide credit from the original source...otherwise, you may get in trouble.
This would be fair and legal by dA's standards.
(I will soon have to close comments on this stamp as early as tonight as there will be no replies from anyone. By the way.)
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Oh, but of course "Mickey Mouse Β© Disney" would be up there somewhere.
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I think this would be ok if:
-Any traced images were just kept at home and offline. No one can critique a traced image, and honestly I don't find it very expressive and definitely not representational of the artist.
-Most of the issues with tracing come from the fact that most of the works posted have no references or credit given to the original artist, and hardly ever get permission to use. Those who don't follow the rules you've (or rather DA) listed by far outweigh those who actually have the courtesy to do.
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You have a right to a opinion on this issue, but if people want to trace drawings, they should credit the original artist. And they don't even listen at all.
Artists like you have literally cut support for dA, because they don't respect dA's polices regarding the issue on the polices and the legality on tracing. This is a controversial issue that will never go away.
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Yeah, that's the real issue is somehow convining people to understand how utterly important it is to give credit. You're first line in your response basically sums up my entire comment :/
How exactly do I 'cut' support for DA? I've been on this site for over 6 years now and have seen it go through many changes. Some of them I simply feel do more harm than good.
I'm keeping an open mind on the matter, and believe it or not I am capable viewing this subject from both sides.
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When I say "cut" support, I mean people no longer supporting dA due to the policies on tracing in which they think that it's controversial and complicated.
The biggest problem is that there are a lot of deviants who are stubborn and don't give proper credit to the original artist at all...or even written permission from the artist as well.
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I never said I no longer support DA, and if that was true I probably wouldn't be here at all anymore.
This policy on tracing is just concerning for artists that don't accept it because they're afraid of having their original works being traced into bases and posted up for 'free use'. If a base like that gets posted it would be impossible to find all the dolls made from it. Artists are just trying to protect their work.
The rules are there, but it only takes a few people to ignore them to cause some major issues for artists.
I'm honestly not trying to argue, but there's always two sides to everything.
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You probably have a good point there. If someone gets caught tracing without crediting/providing proper permission, they'll eventually be very sorry.
As for artwork, it's literally impossible to protect artworks even with the watermarking on it, but if the artist is being that careful, then they shouldn't post it at all unless they know what they're doing.
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i like to trace other peoples custom sprites with graph paper and colored pencils but i make sure I give them credit
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That's what people always needs to do. Without it, they get in trouble.
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I really don't like seeing traced images, to be honest. I guess it just frustrates me that I work hard on my drawings, and then people go on photobucket or tinypic, find a picture, trace it, and get more comments than I do.
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That's the biggest problem on this site. If you don't like seeing traced images and if you have found proper evidence, report it to the appropriate channels.
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in my opinion tracing is a nice way to learn But
should not be uploaded or claimed.
as much i heard of DA rules itΒ΄s not allowed to post traced artwork here
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If someone does post traced works here, then they should credit the original artist or take the image down.
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yea but i think thereΒ΄s still a difference for manga or anime pictures that are coming around a lot that everyone knows or pictures of random artists like for example me, then they should really ask for permission
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That's correct. Otherwise, they can't post the traced art out of the respect of many artists.
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Personally, I'm ok with people tracing as a learning mechanism. It's not the best learning mechanism ( that's my bias) but it is one none the less. What I'm not ok with is when they post the traced art up online and lap up all the hardwork that someone else deserves.
Also, I think it is unfair to post a peice of traced art under fanart, that's just insulting. There are tonnes of original fanart that people work hard on- why isn't fanart given that same amount of respect then?
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Most people are not okay with deviants publicly posting traced artwork online and intentionally (or deliberately) claiming it as their own. Not only that, it may not be suitable for a deviant to have artwork that maybe traced from other sources.
And it would be disrespectful and pointless to convey a false sense of support for most deviants to publicly support deviants who are tracing, because if someone is doing it for profit, they'll get caught and won't be sorry.
While tracing from official artwork and photos can be seen as a learning mechanism, it would be absolutely insulting for someone to do it from another artist who has worked so hard on the illustration.
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I totally agree with this stamp, the rules are perfect
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Well said. Unfortunately, not everyone agrees with the rules.
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According to art thieves even those who literally don't bother tracing the original but take credit for the original instead.
I only see tracing okay if it's an animation cause that's how it was done before, the old fashion way.
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Good point.
That's the biggest problem. If people trace without proper crediting, they're going to find themselves in serious trouble.
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[link] People like That deviation she doesn't credit Disney nor did she even get the company's permission to upload their work under her username plus she posts in the artists description box 'Please don't steal or upload without my permission'.
People like her should be in serious trouble but I don't think DA care's enough unless if Disney wanted to sue them bringing down the site. I'd say the biggest problem is when people like her are allowed to get away with it.
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Well anyways, if you believe that she traced the drawing, please report the issue to the Help Desk.
Also, dA no longer allows reports from third party sources unless, the complaints are made by the original artist.
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Been there done that. No response yet. It's been a few days too. Guess they must be over swamped with reports.
Wow, that's sad.
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The admins have been swamped with reports and cannot get to everyone at the moment. They'll eventually get to it as soon as possible.
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I guessed as much.
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So... it's okay to trace? What if the original creator doesn't know someone traced his work? That way he can't object...
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I'm not saying it's 100% okay to trace, but if the original creator doesn't know that someone traced his/her artwork without consent, the original creator (if on dA) can file a complaint with the Help Desk and wants to get the traced work removed.
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You are allowed to express your opinion, but if you have nothing to say, don't say anything.
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My opinion is unable to be described in words. I let picard do it for me.
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Well...you should have posted your thoughts regarding the tracing issue and the reasons why you didn't like it.
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I would often trace doll bases before I start drawing them myself so I can get used to the shape of the figure. Then, I would draw a skeleton inside the doll base, draw the skeleton on a fresh page, flesh it out and from then on I can do it from memory! 
Cute stamp, by the way.
xxx
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Thank you so much for the nice comment. I really appreciate it.
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Tracing is okay as long as the original artist has allowed you to do so.. oh and unless someone can bring up evidence that you are not allowed to do so, go ahead ^^
well just for the sake of things you ain't got permission to trace mine!
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Tracing can be okay, that is if the deviant only credits the original artist. If deviants to traced your art fail to give credit to you, they can't respect you and you can't respect them back. It's that simple.
deviantART no longer allows reports of stolen (or traced) artwork and other copyrighted material from third party sources unless the original artist is contacted and is aware that they're a victim of art theft.
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I was talking about the practical implementations of DA's rules; its highly unlikely anyone will contact me or anyone else to get permission to trace art when, to get a complaint, the original artist has to be informed of the trace existing.
Course; I know there are friendly tracers out there who even take pride in saying where it was traced from, they often "eyeball" more than trace, borrowing stances, perspectives and such; but in my experience, its a vast minority and now I'm getting erroneous reports whenever I submit a complaint about even Naruto or Square Enix art that's obviously been traced but I have no chance of contacting the source to ask them, however unlikely it is, whether they had permission to do so or not.
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If someone is not likely to contact you nor anyone else to get permission to trace art, the deviant who did is a total n00bie artist and is failing to learn how to respect the original artist. If deviants fail to respect the original artist's wishes, they won't get along.
I personally don't think that the rules on dA are flawed, but neither I nor the dA staff can please everyone.
Opinions on tracing and accusations against deviants caught tracing are fine; however, personal attacks are not.
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In that case, in my experience as a close to be DA addict, I have to say, I have almost exclusively come across these "N00bie"-s but those that do trace out of an earnest want to become better artists, those I generally watch in hopes of seeing improvement, if I can see some hint of talent behind them.
Getting along is irrelevant if all they seek is recognition for borrowed talents; they will get it in any form they choose.
No, that I know; but listening to arguments between other would-be artists and the administrators does seem to carry the point that they are being lazy. The moderators can't simply handle the newly arisen storm of art theft related reports by ignoring us all, its just not right.
I have yet to catch myself personally attacking anyone, the golden rule is "polite criticism is always okay, trolling is never" there is no fine line between cyber-bullying and putting someone in their place; patience and manners are what set them apart, don't you agree? oh and common sense, if I wasn't -for reasons abundant- convinced it is in fact; dead and buried and has been so for a long time now.
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I think that the admins are trying hard to handle art theft reports, but they cannot do this from third party sources without having the original artist contacted.
The arguments over the tracing and art theft issue has became extremely complicated to a point where it drove users away from this website (and possibly others).
I cannot agree with everyone over this tracing issue and people like you have every right to their opinion...without the use of personal attacks which are against dA policy.
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I have come to the insight that this is going to be the way it is and that every time I see a trace of an artwork I am familiar with or does not appear to belong within the talents of the person claiming fame for having drawn it: I shall be responsible for notifying the original artist and having him/her reporting it; guess I was just reluctant at first but rules are rules.
If I would leave Deviant Art for a reason, then it would be THAT reason, many friends have already done so and many more will, feeling that they are being disrespected, ignored or robbed of hard work, I can understand them.
I personally condemn personal attacks and flaming and though having been attacked on many an occasion of reporting art, politely asking for artwork to be removed and even for openly admitting to these acts I can honestly say that my language will remain within the parameters of the discussion you and me are having, if anyone feels offended by this, then I would obviously need to rethink my vocabulary, no?
This is not about me though, just smuggling a personal view and tidbit in here; wanted to let you know I appreciate this discussion since it is the lengthiest and politest one I have had on this subject, mostly expecting my replies to be hidden.
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Brilliant!
We all have to take the responsibly in regards to the rules that we agree to follow upon signup. No replies are to be hidden at all in this conversation, you were very civil.
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Indeed
Once again I thank you; your patience and willingness to discuss this has been admirable.
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It's no problem at all!
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...in what universe is tracing someone else's work and then uploading that to dA considered fair? Surely, the tracer can note that they traced it from someone else's work and then give the proper link. But then what's the freaking use? What are people supposed to think?
"Oh, you claimed that artist's work wonderfully and traced that very well." Well, of course; it would be quite a piece of failure to do that wrong.
Consider it legal, while it shouldn't even be seen around here. But it's definetely not fair nor very smart.
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Sorry for failing to reply to a comment. I wasn't online for almost a week, because the graphics chip on the system board of my laptop died.
Anyways, you need to learn that the deviantART administration can consider tracing fair use, if deviants can properly use art pieces that they use as a offline reference or stock photos.
Unfortunately, many deviants have used tracing for popularity purposes and it upset a lot of artists, because the perpetrators have intentionally failed to credit the original artist.
You need to have some education over how copyright laws and tracing work, because if you don't, you just will never learn a thing. And I cannot please every deviant in regards to the serious issue on tracing.
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