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x0rcist — Censor THIS
Published: 2002-05-30 09:33:18 +0000 UTC; Views: 9485; Favourites: 47; Downloads: 397
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Description
The fair-use copyright exemption:-Is used for nonprofit educational purposes.
-Is a parody of another work.
-Is used for critical purposes such as in a newspaper review of a work of art.
-Is used in a work of scholarship.
-Is the very subject of something you're commenting on in your work.
-Is strictly for your own personal use and does not affect the income of the original creator.
-Does not contain the very "essence" of the original image.
[link]
Educate yourself.
Related content
Comments: 313
- What A Drama That'z Fun No i'm Just Kidding But
i Think U Have The Right On Sticking On 2 Your Thoughtz Just
Don't Let It Ruine Someone Elsez Fun In The Site
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Chaos Project - [link]
Best Ever - [link]
RmXz Pack - [link]
HardCore Return - [link]
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alright
why can't all this crap going on just be handled privately?
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- - - - - - K I P T O N - - - - - -
KIPLESS: [link]
TERRAGEN and more
- - - - - - K I P T O N - - - - - -
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I offer you this:
Deviantart has now chosen to be actively involved in making wide sweeping judgements of copyright abuse, and some parts of the community are obviously upset. This issues here really go beyond the simple Britney Spears wallpaper rip. There is judgment by DA staff regarding what is "art" and what is not with these new rules. How will this effect the community, so far not so good. With these seemingly black and white copyright rules, we would have missed out on some of the greatest artists throughout history. That's a fact.
The grey area of copyright is very large and censorship is, in my opinion, a dangerous path to go down for any website.
What some people in this thread don't seem to be comprehending, is the reality that the people making the judgements are not always right. It then falls into the category of persecution, slander, and oppression.
Is hotmail is responsible for content moving throughout thier systems? Is any usenet provider is responsible for the content in thier archives? The answer is no, they are what's called a "blind middleman" and not personally responsible for the content. Material is removed by police investigation or court order. On the other hand, I bet 99% of the people opposed to this opinion had Napster installed and were freely downloading away without a care.
Food for thought.
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.: [x0rcist] :: [link] :.
.: [ABN0RMiS.C0M] :: [link] :: [BREED] :: [link] :.
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Can't agree with you much more! Some of my wallpapers were deleted, though I've used the public photos to make them. I put a LOT of work in them, and all I was said - "Prepare to be judged, coz I am the Law!". Eeh... whataver...
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If the point of this piece was to create further discontinuity among the community, it has certainly been achieved. If there wasn't any point at all, I think the outcome is even worse in its invalidation. It leaves me with a sick feeling in my stomach- I am tired of this issue. All hail *jt8376 for bringing such a classic Apocolypse Now quotation to perfect and ironic use. On that note, "The Horror! The horror!"
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"i have just one question: what was your intent with the creation of this image?"
lol.. I have a question for the admins, jark: what was your intent with the creation of this website?
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see? some people are actually educated on copyright law.
I think before you start a website of the potential size of deviantart, youd take a law class or two..
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looked the pic, read the comments, looked the pic again.
no comment
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Cheers...
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I don't know whats sadder.... this image... the fact that I read through all of these 199 replies, or the fact that I'm replying to this...
Too much for my fragile little mind....
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[link] (--Evil I tell you! EVIL!
I like Cheese ^_^
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wow I can beleive the idiocy of some of you people... if you don't like how they run the community then leave... very simple
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-AstraX
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👍: 0 ⏩: 0
why the hell is this in top favs. ask yourself......is this even art? no.
there are many more "talented" artists that actually work on something that deserve daily top favorites.
If i take a picture of myself grabbing my nuts, will it make top favs? didnt think so. this is trash.
get rid of it.
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____ +++
___/ /¯¯¯siron+++ [link] [link]
+++ ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
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This is the stupidest thing I have seen on DA. A lot of other hard workers should be in the Daily Favs, but if the masses like stupid shit. Then so be it.
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to be frank i hate it.. its distastefull and i dont see why its in the deviantart favs..
very little talent here,
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i can't stop laughing. this guy looks hilarious.
and....
"'Why the hell is that guy wearing a cross?
Is that appropriate?'
lol no its not by gholly. i think we should censor it."
that's just fucking funny too.. ahhahhaa
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i'm not defending this image with my description. sorry if i've led you to a literal conclusion of its meaning nhavar.
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.: [x0rcist] :: [link] :.
.: [ABN0RMiS.C0M] :: [link] :: [BREED] :: [link] :.
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So you loved the "educate yourselves" part eh roosta, but did you, educate yourself. Or did you just assume that x0rcists quoting someone else's paraphrasing actually truly reflected law and that his work truly "passed" those rules?
If you think you might be a sheep it's easy enough to look at the ass in front of you to find out. Is it white? Is it fluffy? If yes then you are most certainly a sheep.
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Dam five is gettin ripped, nyway i like this alot i think i might be a sheep here and tag it to ma favs. i love the educate yourselves
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Constipated
Check out some of ma Devs ~~~~~> [link]
Finally Caught the Lightning ~~~~~> [link]
When i Look at your Art it is like Praying with my Eyes
👍: 0 ⏩: 0
You need to actually read the law some place like
[link]
or
[link]
or even go to nolo
some journalists attempts at "simplifying" fair use often causes people to misunderstand exactly how difficult copyright law can be.
But lets go by your given example and see how your work fits in:
-Is used for nonprofit educational purposes.
As far as I know you are not an educator, nor do you work for an educational non-profit facility with the purpose of teaching we the viewers of the work. Additionally common sense and previous rules state that the copying of a work for institutional use it typically very limited in scope (i.e. a teacher copies a paragraph and hands it out to 30 students) (THE WORK IS NOT EXEMPT)
-Is a parody of another work.
Typically works of parody mean that you are parodying the original work. Since it's clear that you are not making fun of the primary focus in the work then it is not a parody of the original. (THE WORK IS NOT EXEMPT)
-Is used for critical purposes such as in a newspaper review of a work of art.
Again like the previous idea of parody you are not being critical of the original work. i.e. making fun of whoever took the original photo but using that copyrighted material to make fun of a third-party. (THE WORK IS NOT EXEMPT)
-Is used in a work of scholarship.
This typically includes student papers, work for a degree, or school projects. School projects and papers are typically limited in viewing to the student, teacher and a few other limited number of people. The other clear and obvious factor is that you are not creating this work for school or scholastic acheivement but for general public consumption. (THE WORK IS NOT EXEMPT)
-Is the very subject of something you're commenting on in your work.
This goes along with parody and review/criticism. If you were commenting on the work itself or on the creator then you would be at least partially correct. But for the previous same reasons...(THE WORK IS NOT EXEMPT)
-Is strictly for your own personal use and does not affect the income of the original creator.
The work obviously fails this test by the fact that we are even seeing it. Had it been a wallpaper on your home machine or a poster on your wall that would be considered personal use. By posting it to a website you have made it public. The effect on income to the author does not necessarily excempt the work (see the law) (THE WORK IS NOT EXEMPT)
-Does not contain the very "essence" of the original image.
Since almost 80% of the image is from one specific copyrighted work and the remaining 20% is from another copyrighted work it could be said that the work does contain the very "essence" of the original image, the primary focus. For whatever you had intended it to mean the primary meaning is still in line with the original work and therefore you have not changed it's meaning and it has retained it's "essence" (THE WORK IS NOT EXEMPT)
I would say that in addition to the work failing all of the above you also fail to grasp the reality that passing one does not exclude you from the others. It's not a pass one pass all rule. The law actually states that even should you preliminarily "pass" all of the fair use guidelines you might still be ruled to be infringing dependent on the scope and nature of the work and it's use and distribution.
So in closing you can send me your lovely steaming pile emoticon and a shut the f*** up or you can attempt to argue the issue using your brain.
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im with kaliquiz on this matter..
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Serial Artists.
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...i do that in the mirror often...
but he's got a hair net and a vest and a jesus christ chain and everything , and even shades
funny excon grabbin nuts
looks like aphex twin a little hehe
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Well, I dont know exactly what lead up to the creation of this deviation or this little conflict, but on the other hand... I dont really care. Theres no reason to attack others, or the opinions of others. Thats the beauty of this place (minus this thread), is provides a place for people to be creative and for others to voice their opinions about the creativity.
With that being said, after looking at this thread im starting to think that jackandjohn has a point. The internet is infested with people (mainly minors) who tend to act like idiots in aims to be funny. I can honestly say that I ban at least 20 people a day for such behavior on my forum. So why doesnt DevArt do the same? I may be ignorant to this subject... but I havent heard or seen any sign of IP banning or rule enforsing on DevArt. This is either because its done so well that I havent seen it, or it isnt done at all and this is just a great community with very few bad apples. *notices that hes rambling*
Also after reading some of the attacks on five... dont you people have opinions of your own? You dont know five... heck I dont know five. But from what ive seen, you guys are just attacking him because he expressed an opinion which conflicted this piece. Which is a good thing, and anyone who blatently attacks him with no marrit is simply a poser.
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Vomit in Terror!
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Yikes, people....
I came to devART, and brought people to it because of the fact that I saw it as somewhere I could make a stand, somewhere for actual artists, somewhere that was true, and somewhere where I could finally let my creativity live outside me..
Lately, it seems to have been infected by the same horrible fate that has taken over things like IRC.. Freaking 'kiddiez':
Immature (of any numerical age), naive, angry at the world, and too dumb to realize that if they would just put the wall down, things would actually feel good...
I feel profoundly sorry for these people, and even more sorry for the effect they have on those communities that they leech off of.
If I had my way, these people (the group which encompasses such groups as the script kiddies, the trolls, and the flooders) would be branded and ignored until they realize that intelligence, community, rules, trust and truth are /not/ dirty things.. Until they can prove that they actually have something worthwhile to contribute. We have so much junk in this world today.. why do we need more?
Learn the hard truths.. The main one that apparently must be learned is Respect.
We are all trespassing here in a sense.. It's a private site, and I think it's extremely generous for DevART to host everyone's creations, especially while providing /automatic/ copyright.. Any commercial site would steal every pic that you put up (and most do). DevART has never claimed to be anything like a democracy, and if you are here, you have implicitly agreed to being under the rule of what have proved to be admins worth thier salt. Live with it.
You want to bitch and moan? Complain about censorship? Go see your congressperson.
Challenge others if you wish, but do it to construct and to learn.
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Welcome to another seedy episode of "All My Deviants".
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Hmm.
As for the image...eh, it's not the kind of humor (or, heh, satire) I'm into, so yeah.
As for his description...he wasn't commenting on "the DA admins thought it was pr0n, so they banned it" aspect (that everyone else who has a problem with the admins bitches about), and I'm thankful for that.
I find the idea of revolutionaries on an open community abso-fucking-lutely hilarious, however. (What pointlessness, don't you boys have video games to play?)
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to say this doesn't belong here because it is not art (who's to say it isn't art anyways?) is, for lack of a better word, wrong.
i mean, look we have a flash category that is specifically for humor, as well as a simular one under design. i mean just because its not what you comend as art, doesn't mean you can go about saying everyone you digs this is a total fucking mental retard. i mean if we all went by that same ideal where would we be today? oh wait, we'd be right where we are now, damn.
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HAAAAAAAAHAHAHAHHAHAHAHAHAHAHAHHAHAHHAHA HA
nice opiniated "art"
really
to voice something doesnt mean u need to create a masterpiece
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forgive. but never forget.
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i have just one question: what was your intent with the creation of this image?
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the American Dream does not come to those who fall asleep ...
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kailiquiz, you're taking this WAY to seriously. just because it's simple doesn't mean its not art.
the point is, yes, it is stupid. very stupid. and at the same time, it shows how absurd the whole arguement is.
if this helps:
"Good artists create. Great artists steal."
-Pablo Picasso
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This will not help the situation to get any better. If that's what you think, it's fine with me, but making this another 'open letter' just reopens the wound again.
As much as I love your work, I can't say I like this.
That link about 'fair use' is quite interesting, but as that site says 'these waters can get very murky, very quickly'. Someone could bring this work to court and sue you for copyright ingringement (assuming you didn't take the picture) and he'd have a good case.
So, can't we just live through this? Or have we to assist to the death of a community?
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..:: ::..
You dont have to speak
I feel emotional landscapes
..:: ::..
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whats the point in bitching if someone doesn't like your image? If you're that worried that someone isn't going to like it, don't post it.
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_. [link] ._
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decent manip and some points for originality.
so
I guess this is the way deviantart is now.....too much drama and way too much porn.
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Yeah, me cry to mommy? You're the one who's so angwy at evewyone who doesn't wike your deviation.
Put a sock in it; this will be my last post on this image.
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David Topping
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*does a jig*
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Living is easy with eyes closed
[link]
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Just because this pisses off so many people makes me want to add it to my Favs.
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big community = much shit
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__________________________________
deviantART 0wnz j00! help prevent rectum cancer: [link]
. com: [link] . deviantART [link] . Featured Dev: [link]
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the people that dont like this are right on some level i think..but people that's the point i dont think they get it. i dont particularly like it but i love the idea...you might get in trouble for it by someone sooner or later, it was brave of you to put it on. nice originality here, it would go in my favs but i just dont like it enough
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Ran home to mommy? LOL x0rcist you should be talking. Something doesn't go your way, so what do you do? Instead of making an educational comment or trying to be intellectual, you grab your cock. The sad thing is apparently people -like- it when you grab yourself in this way. Don't monkeys laugh at the exact same joke? Sad.
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heh, guess you showed us all didn't ya. who cares if you deleted all your work. you obviously can't take the heat, so ya ran home to mommy. now you devote your days to spreading your wisdom (or so u think) to everyone who really could care less about your opinion.
excuse me while i go cry in your honor. move on with life sad little man.
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.: [x0rcist] :: [link] :.
.: [ABN0RMiS.C0M] :: [link] :: [BREED] :: [link] :.
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Tthank you, x0rcist, for so brazenly continuing this bizarre, ridiculous, and idiotic drama.
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dygel[eric|kolb]
deviantART Policy Violation Support
deviantMAG Editor-In-Chief
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yes! i am in my mid 40's and still submiting pictures that appeal to younger teenage bopping artist!
you are suppose to be a fellow deviant, and yet you still plauge this community with such acts of blashpemy and bullshit.
you want to make a statment, write poem or make a peice that actually speaks.
instead of this irrational, and immature attempt at getting your point across.
i cannot stand to see how many of these little shallow followers you have blown up like inflatable dolls.
this is pathetic, and this is why i deleted all 57 of my deviations, including two Daily Deviations that you will never see.
thanks for your time, and your comments.
cough*
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at first i thought "carlos santana"
but that just wouldnt be right.
must be yer dad.
im think i'm being optimistic.
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joeyjojojr shabadu
-money for nothing, chicks for free-
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