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ppgrainbow — 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.
Stamp template (c) 2005 ~deviantStamps and $liquisoft .
Stamp template can be found here .
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Comments: 317
Tracing is absuolutly okay, as long as it is not used for fame, or profit of some sort.
In first and second school, I traced more than I drew my own stuff. That's how I learnt anatomy, and all that stuff.
Copying, on the other hand, I have no problem with, unless it's not credited, and if they're earning money, or something with the copied work.
I just think all copied/traced works should either be filed under 'FanArt' or put in the Scrapbook.
And it should ALWAYS be credited.
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That was this stamp is about. All traced/copied material has to be put in the Fan Art category and proper permission must be used so I strongly agree.
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Tracing may be legal, but a lot of times it's concidered a slap in the face to those who work on original poses. Also, a lot of tracers refuse to admit they do it, even if you present to them the source material tehy traced from and overlay their picture, showing it matches exactly. =/
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Unfortunately, deviants cannot accept the legality of tracing, because too many artists refuse to admit that they traced. Deviants MUST at least credit and provide permission to the original artists, because if they don't they will not, I repeat WILL NOT respect the original artist who created the illustration in the first place.
Like I said before and I'll say it again, if deviants want to trace drawings, they should only use original 3D works that they created as well as original photos.
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Sadly people also don't know the difrence between refrencing and tracing, and think that you can learn to draw via tracing when refrencing is a much better way to teach yourself.
I started out tracing in grade school, and a lot of people start that way- so I at least can understand the thought behind people who do it to lean.
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It's sad enough that too many people don't know the difference between referencing and tracing. I don't think that they'll learn if they go overboard on tracing illustrations in which I don't find it right.
People can learn to cease tracing if they can find ways to improve on their own.
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For personal usage, to me it's out of the question: legal.
However, as soon as it's shared on a wider range, especially on the net, we get the problem of copyright. In the USA I think this could go as "Fair Use" and as long as the author doesn't complain.
Copying is still a very delicate matter, especially on the net where copying of files (=> images, too) is really easy. However, copying can also help someone develop and if we get too stuck up with ideas, inspiration and copying, new businesses will always have to stark with tires made of stone and sticks. :s
Personally, I don't support tracing, but I still think it's legal. Why should I mind if my stuff is being traced? xD Sure, it's not original, but that's a matter the artist has to debate with him-/herself (or maybe with other in a community, but it's still legal imho).
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I agree. It's okay if people are neither supportive nor neutral on tracing, but it's not okay for some to harass others simply because an artist refuses to admit that they traced.
The worst part is that traced drawings have been used for popularity and profitable uses and that is what upset lots of artists. Tracing has been under fair use for years and unfortunately, it has been widely critised by lots of artists over it due to these complaints.
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For profit? Are there actually good tracers out there? o,o I mean, if they're not and they still want to make money with others' art, they could always just plainly steal others' art as long as they find stuff with no watermark on it etc.
Although people like ~psychoman4 took art theft to a whole new level by not only using watermarked material, but also putting their own watermark on it, too. Some of his entries have vanished after talking to him, but he's not really showing the will to comply as long as he isn't afraid of cops devastating his home. I've already contacted authorities/flagged his stuff, but until now, apparently no action was taken
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Artists have who tracing art and claiming it as their own is considered theft. It is unfortunate that deviants who got caught tracing aren't willing to comply and if they can't comply with the artist's wishes, they will so no respect.
It would have been better if deviants explained the reason why the traced art is being redistributed on another artist page without their permission and showing off the original piece. That way the admins will look over it before any sort of administrative action is taken.
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The excuses vary from "my cousin did it/took my password" to "my friend told me to do it, so talk to him" or "I can do whatever I want" :S They most likely do it for pageviews, favs, comments and attention, I guess. Some of them don't know what they're doing and think this is photobucket.
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Correct. Such excuses will most likely lead to the removal of their traced artwork and most people don't find this acceptable.
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most people don't find this acceptable.
The behavior of the tracers or those who removed the stuff?
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It goes on two occasions regarding my wording:
1. It's about the behaviour of the tracers themselves.
2. It's also about deviants who had their artwork traced without their permission.
Apologies if this is confusing for you.
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You don't need to apologize, nothing was broken
Hm... this is still an open conflict. I hope in the future the artist and tracer can come to a compromise or agreement more quickly and solve the matter.
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That's okay.
As for the legalisation of tracing, I do have to agree that this is still a open conflict and that matters can be solved soon.
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I meant it shant be considered "ilegal" XD!
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I think it all depends on what the original artist of a drawing says if someone were torrace over someone's work and say:"Heres some fan art for you" then it shant be considered legal...
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That's your opinion. Certain artists may never allow a deviant to reuse their artwork even with proper permission, due to aggravated concerns over art theft.
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Oh sorry I read over my comment and I forgot to put that it shant be considered "Illegal"
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If you look over this journal entry , `nokari has a journal entry on why tracing can be considered legal under certain circumstances.
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I was never disagreeing to tracing...
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As long as the person who traces asks permission first and credits after I would have no problem with it what so ever but I think it imitation is better than tracing. Like asking permission to copy a fanart like expression and pose and drawing it themselves without tracing and crediting originally to the person who created it. You never learn if you just trace but copying a pose or expression at least your drawing yourself ^^
Tracing for profit is bad defo!
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I agree. People should have no problem if they trace only photos and 3D character poses. Unfortunately, people will never learn if they aggravate and imitative tracers, because neither of these tactics will help.
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Oh definately! Tracing photos and 3D character poses I have no problem with! Because with photos you can just trace the main features but using colouring methods such as photoshop, pencils and pencil crayons make it into your own. and it's always helpful to use 3d character poses ^^
no because the more you complain the worst they get.
I can't stand art thieves tho who take art and just paint over characters hair and eyes and claim as there own. That is out of order.
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Correct on both sides of the story. It is totally out of order for a deviant to reuse someone's art without permission and claim in as their own in a deliberate matter.
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"dA has professional lawyers who clearly investigated the issue"--> as far as I recall, this expertise was carried out by one person, self-taught in terms of law at that.
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Both $realitysquared and $chix0r self-taught themselves in the terms of the law.
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Why am I not surprised by how deviantART policy works in reality?
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That's how dA's policies work.
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Are you absolutely positive #6 is true? You might have made my day.
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All of the five other statements that I made are true. I had a feeling that I made a confusing comment regarding #6. I think that I need to check the Help Desk .
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Okay. I take it you will update your artist's comment if it is not in fact true?
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...I even edited the notice that people have a right to disagree and that they're entitled to their own opinion, but they must keep the comments civil and reasonable.
Sorry for making my second reply to you.
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oh, don't worry about the second reply, it doesn't bother me. knowledge is good ^^ thanks again!
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You're welcome. It's always good to provide knowledge and education in regards to the tracing issue on dA rather than completely misleading them.
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yes, that is always helpful <3 the hard part is getting people to read, lol!
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I agree. It would take a lot of serious work that is not feasible to get people to read the comments and believe what I and the admins are saying in regards to the tracing issue whatever they read these news articles or not.
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Well, I think there's one of the bigger problems is that the dA staff doesn't bother to send these important news articles to us. I didn't receive news of this tracing policy until a friend told me. People will be less likely to read unless they're directly given this article and it has an interesting title, I should think.
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Most deviants are more importantly pissed that they were annoyed that some they received important news articles in their inbox. The staff has been widely criticised in regards to the tracing issue since it was first addressed back in 2005.
The articles on traces not only provoked disagreements, but their behaviour was downright inappropriate to a point where some of the deviants even lost their accounts, because they were unable to control their actions in regards to news articles on tracing.
The one thing is that deviants weren't educated on tracing and that they didn't read the articles correctly in the first place. Even if they read the two articles from earlier this year, they still disagreed.
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hmm, sorry about that. I meant to click preview to make sure i had the right emoticon, and i accidentally pressed send. what i meant to say is that some people just can't get over tracing, and I guess there's really nothing to do about it. I'm assuming this issue has been around for awhile, yes? So why exactly would the dA staff allow it now, when there are so many angry people who are furiousabout tracing? I feel as though I may be asking you to repeat something, but our conversation has been sort of fuzzy (sorry)
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I'm afraid that there is nothing that people can do to completely stop tracing on deviantART and they have allowed it for years and people have a right to be angry over this issue, they don't have a right to be vicious, simply because of one user who got caught tracing in the first place.
Read up on this journal entry on why deviantART has allowed tracing: [link]
dA will try to do everything they can to protect the real artists incase they find that someone has reused their artwork without their permission.
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okay, thanks for the abundance of info!
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