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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.
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Comments: 317
I agree. Anti-tracing campaigns are totally pointless and it is no help to financially supporting the site.
If artists don't get treated with equal respect, they don't learn. Also, deviants who trace should never be treated as copiers in their entirety. But sadly, a lot of artists do that and I don't think it's right at all.
You have a very good opinion on this issue. I've been trying so hard to edit the artist's comments as much as possible, but still, so many people don't get the point.
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Actually, under dA's new policy, traced work isn't allowed to be put in scraps. It can only go under the fanart category.
And of course, tracing is legal. The problem on dA arises in that most of those who post traced work
a) give NO credit/link to the original work, or worse
b) try to claim it completely as their own.
Really, if one follows all the necessary guide lines, what would be the point of them even posting that work in their gallery? The original is already in existence.
Also, I think the issue is less a question of whether tracing is evil/legal/viable/art, and more a question of whether that tracing becomes ORIGINAL art, which is the only thing that should be in a deviant's gallery.
I DO agree with you on one point, though: people take it too far. Flaming and spamming and trolling and hacking someone is NOT the right way to handle tracing, and people should know better than to stoop to those kinds of tactics.
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Very good point. I've noticed that the policy isn't new and didn't know that it can only go under the fanart category. I'll check with the :help: for more information to see whatever it's correct.
I'm trying very hard to get more viable information in regards to these issues on tracing.
I just don't like it when people take it way too far in regards to the tracing issue. If people take it too far, their stay on dA might not last too much longer.
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I've surmised the main points here, if you're interested: [link]
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That would be good. I'll check out the link in a bit.
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Why have i not read the rules you posted here in the last 2 policies that were posted?
For the admins: It seems like the more they explain things, the worser it gets. When i read the 2nd news the second time... There were sentences that was already clear. Then followed by confusing explanation which cause more uproar.
For the users: My only hope is that they do not brand tracers as copiers in their entirety... Though they are just pointing a specific type of tracer, they blame all tracers altogether.
Tracing is a form of copying... But tracing is not copying in its entirety.
Very nice stamp! I wish i was subscribe!
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That's correct. You are a great help.
If the ordinary user do not agree with your thoughts and put up a big fuss over the tracing issue. The friendly dA supporters, seniour members and the helpful dA staff are the only miracles that can help clear up the mass confusion. Now, if I were to edit the artist comments on this stamp more, it could try to clear up the confusing explanation more.
dA should never brand tracers and copiers in their entirety. But keep in mind that tracing without giving proper credit is considered art theft and misrepresentation. Giving credit to the original artist is the proper key.
The reason why the more they try to explain things in regards to tracing, the worser they get is that the users don't want art thieves on dA. This indeed lead mass confusion and incivility that caused scores of deviants to make more than 3,300+ combined rejections on two news articles alone.
If people don't like dA's policies, there are other websites where tracing is not allowed at all even though tracing is unfounded in the law as it is considered a protection of free speech towards to end user. That can be achieved if the person keeps the tracing issue for practice purposes and not in the main galleries on dA.
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You're welcome. I'm glad i could be of help.
The reason why the more they try to explain things in regards to tracing, the worser they get is that the users don't want art thieves on dA. This indeed lead mass confusion and incivility that caused scores of deviants to make more than 3,300+ combined rejections on two news articles alone.
Screw those art thieves, they are the real scums of our community... =/
In total i can enumerate three scums...
1. Art Thieves
2. Complete-Copy Tracers of famous anime characters/scenes
3. Meat-heads who support the two mentioned above.
*sigh*
I hope the whole "tracing" issue come to a close soon.
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Yeah. That's why art theft and misrepresentation is not allowed on dA. Also, anime and entertainment studios cannot sue dA, because the website itself is not allowing tracing all the way such as anime vector art due to numerous complaints against a certain user.
The tracing issue needs to come to a peaceful close soon with enough negotiations before it gets out of hand to a point where someone could get reported for harassment.
No one wants that. No one also wants to see dropped watchers or anyone believing that I and/or the dA staff betrayed the trust towards other users, because they don't like people who trace...even if their works are only submitted in the scraps.
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I trace photos (sort of) only to save time, when I'm doing a comic (current one 180 drawings and counting) I don't have time to draw them perfectly or else I would never get anything finished. 180 drawings in a month, if I did the same amount of drawings '
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Yep. It takes a lot of effort to get good at drawing and a lot of people have no problem with it at all. ^^
Thanks for the comment. Tracing photos sounds for personal use like fun.
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My thinking is that I could easily do the quality of art in my gallery freehand but rather than 30 minutes it would take at least 3 hours. I don't have much free time so I see myself being no worse than someone who drives to work rather than walks because its quicker.
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Yeah. That does work for some people who like to practice on their drawings.
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People trying to clarify things in a civil manner! Can't believe this
Politeness, as in asking other artists permission, could avoid so much drama XD and it's true that there are colourists too, who can display the best of their art on lines not made by themselves: as long as they clarify the lines aren't theirs, I don't see way they should be attacked even if they used lineart from well-known shows or comics...
And I also can't understand why so many people also deny that actual improvement can come from tracing... I've seen people getting way better at free-hand drawing with their tablet after doing a lot of tracing exercise. I can unserstand people debating if their exercises should be posted on dA (but here we go straight to the "is this worth this artistic website?" and that's like opening a can of worms), but simply declaring is useless? or just for 2-years old kids? that really strikes me as pretentious...
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Correct! More art on the front page, less traced scraps and drama.
If a deviant got caught tracing, it's hard for someone to not deny that they traced.
Your point is very valid.
Later on, I'm going to do a new journal entry with an update from one particular user in regards to this issue.
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But if you have to ask the original producers, then that wouldnt be just about tracing, it would be if you want to do fan art for them, as one of the characters you draw might happen to look exactly the same as theirs. Thats why i rarely draw cartoon characters, to save me the trouble of asking the producers
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Hehe. Very correct. Lot of people have no problems at all.
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This may be legal but it goes against what DEVIANT art is supposed to stand for.
Deviate:
aberrant: markedly different from an accepted norm; "aberrant behavior"; "deviant ideas"
In other words ORIGINALITY. Tracing is NOT original. Therefore it goes against what DEVIANTart should be.
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Tracing is not original and will never be original as it is. I don't know why the dA staff allows this, but I wish that they were more specific rather than throwing thousands of users in a massive uproar against the admins over two news articles that were not well written.
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It may be legal, but I still disprove of it. The admins are just against banning it because they make money off the popular trace artists who get years worth of subscriptions.
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Well...a lot of people like you are definitely welcomed to express their dislike or the dA administration regarding its tracing policies.
My point is that artwork that is traced should NEVER may money off of it at all.
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I understand the point, but deviants like chixor totally went about 'clarifying' this the wrong way (aka unprofessional). I just think this stamp encourages the wrong uses and abundant abusers of tracing overflowing on deviantart.
There's a reason why deviants are so frustrated-I don't think it is as much those who ask to trace a piece (tho I think it is silly),but the large amount of those who have unrightfully and ignorantly modify and trace then credit themselves.
But, to each their own.
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You have a very good point there and I agree with your thoughts regarding the tracing fiasco.
What she did was not respectable and trustworthy towards thousands of deviants over a news article that took tracing the wrong way and clarifying this issue hasn't helped too much either.
Deviants have been incredibly frustrated due to this issue. The point is that many people believe that tracing a drawing and claiming it as their own doesn't make it fell right.
While this stamp has hardly gotten any favs, people are believe that the allowance of tracing on dA only hurts the site the trust towards its users rather than helps them.
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I think the problem with copyright in general is that it has SO MUCH gray area that people find loop holes and can bend laws. The tracing dilemma is a great example.
People aren't going to take the time to understand.
I don't like it, but I don't think legal tracing is harmful, just the cloudyness of the rule makes it easier for people to misunderstand and bend it. ;[ But, there will always be that.
However, I think there are FAR MORE vital and annoying issues on the deviantart system right now.
Though the issues may not be a question of legal or illegal, deviantart has lost a lot of its reputation for quality and varied art for example.
Like, I'm tired of seeing ten year olds being humped by bunnies in underwear, and shaved vaginas smushed up against camera lens posted by 10000 different artists.
This will cool off in a few weeks.
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It's okay if people don't like tracing, but people should never take things too far if they don't like it. I do agree that dA has lost a lot of reputation over this mess that we've been in.
I just hope that things will die down within a few weeks once a lot of people have made their point towards the staff over the two recent news articles.
We all got to learn how to deal with it and move on into other things...both on dA and off the site. ^^
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I wouldn't call tracing art theft unless the deviant plainly stated it was purely theirs and made no mention of tracing or gave no credit to the original artist. That is Art theft (I believe it says in the terms of agreement when you sign up that everything you upload is either of your making or you have permission to upload it). I'm not against people using tracing as a medium to learn, although I personally don't see how much help it'd be, but I don't think that sort of thing belongs on an art site.
It's almost as if a Chef made instant Ramen at a cooking competition. It evokes a sense of "Why would you think that's appropriate?"
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I agree with your thoughts. Your comment made my day.
There are a lot of opinions, both positive and negative regarding the issue on tracing and the situation between the members and the dA staff are the worst since the termination of °jark a few years back.
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It all seems silly to me. I see both sides, but don't really understand why there's so much malice being flung around.
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Me either. There is so much fear over this argument.
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Well, I'm certainly not going to flame you or anything for your opinion, but I will have to disagree to some extent. Tracing is "legal", however it doesn't make it right. In this discussion between you and I, I'll be the first to admit I used to trace...when I was a dumb teen and still learning. c.c However, I stopped when I was still in the teen years and moved to more original works. That's where the real learning process began.
I mean, it's one thing to use a ref or inspiration image, but when one is outright copying every single detail, that's when it crosses the line. Why trace someone else's drawing, when there's countless stock images to practice on? That's why stock images are there, because the person who put them there wants others to use them.
Granted, one cannot get permission from directors and all, but the art posted by independent/amateur artists oughtta be left alone. Plus, when people post mostly traces, it really hurts their credibility as "artists" - even if they are learning. Most artists aren't even aware when people trace their works, or even give a mention to where the original is until someone notifies the original artist. Assuming anyone even knows, or willing to do anything about it. ._.
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I'm pretty saddened that in these worse economic times, thousands of deviants are very upset regarding the tracing dilemma and that they're very disappointed that dA has allowed it for quite sometime.
Certain people have the right to trace, but a lot of people don't find it right at all. I'm deeply upset about all of the confusion that has hurt dA's trust.
You have a very valid and civil point there even though you have disagreed with my thoughts regarding the issue on tracing.
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Of course, who needs drama? 
I think this policy on tracing just added to everyone's "oh, hell no..." list, with the economic crisis. Plus a lot of people, from what I've seen, feel that it's because DA is favoring to tracers that have not only gained ridiculous popularity, but are also subscribers. Thus a lot of artists feel betrayed. Watermarks can only do so much, I'm afraid. ._.
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Yeah...but even so watermarks might not stop people from tracing.
The problem is that traced galleries have became so popular on the front page and sold as a print, it has hurt the value and the respect towards a lot of artists.
dA doesn't need anymore drama at all.
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That's what's hurting the injury even more. ._.
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That's correct.
This stamp will be withdrawn from this gallery, because I'm about to post a new journal making further clarifications in regards to tracing...and I've gotten more information from another user.
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Well...you have a right to disagree that it's not okay for someone to trace. It's always best to ignore it if you don't like it.
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Well said!
People don't have to like tracing even if it's legal on dA.
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Yep. I can't draw or trace, so I'm not affected by it in the least.
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Hehe. That's a good point there!
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Horray for not being able to create drawn art/animation!
Wait, I don't like that. Dammit.
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I don't trace but it doesn't really bother me when people trace as long as they colour it themselves. There are some extremely talented colourists on dA and people tend to forget that the colourist's art is just that ... also an art. A lot of line artists can't colour for toffee.
But if you're going to colour someone elses linework - whether by tracing or actually using their linework- you should ask first and give credit - that's just plain politeness.
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That is absolutely correct! ^_^
I personally don't want to see people get flamed for not asking and giving credit. Politeness is the key!
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Unfortunately even people who do ask and give credit are sometimes flamed by muppets who come along, recognise the lineart and don't read the comments.
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That's a valid point. Some people think that they will completely not allow them to trace at all. I just don't find that right at all.
That is called incivility and it will only cause a lot of trouble.
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