The latest Journal entry on this issue [link]




Okay, There has been quite a bit of unacceptable behavior around the site of late related mostly to the anime/manga/anthropomorphic sub-communities.
What seems to be happening is that members of these sub-communities are submitting images of subjects with which they have a close personal idenitfication; a disproportionately large number of these users tend to foam at the mouth if someone else submits a subject which seems similar to their closely-guarded-and-identified-with subject.

The offended party then does one or more of the following;
Reports a policy violation.
Begins verbally assaulting the offending user.
Recruits their own little group of 'fans' and launches a verbal assault against the offending party.


Let me take the time to explain something to these people:

Current deviantART policy allows for the submission of works which have been heavily inspired by other existing works.

This includes, but is not limited to;
Digital paintings of photographs
Using someone elses general idea.
Drawing the same thing that someone else previously drew.

I will be the first on to agree that the simple reproduction of someone else's idea is not particularly original, but as long as the resulting work has been created entirely through their own effort (by actually airbrushing and not by 'filter washing' an existing photograph for example) the work is not in violation of our current submission and etiquette policy.

Much of this situation could be attributed to confusing some of the protections afforded by copyright with the protections afforded by trademark.

It is basic copyright law that an idea or a concept is not protected by copyright. Only a single, specific expression of that idea in some tangible form is protected. Anyone can create a comic book about a man that came from another planet as a baby and obtained super powers on earth, but only DC comics has the right to portray " Superman" or anyone who is confusingly similar. Anyone can paint abstract portraits, but only Picasso, or his heirs, have the right to reproduce his specific abstract portraits.

If we are refering to 'exact' reproductions or tracings; the only time that I delete a 'tracing' is when the original work has been so precisely duplicated that each line is in the exact place and the reproduction work is done in such a way that I cannot tell the differance upon close scrutiny then I will side with the original artist.

The main problem here is that most complaints of 'character theft' have the 'copied' version not being very exactly copied at all; in most cases the resemblance is superficial at best and even when it is clear that one work is based on the other the copy is so crudely done or so less skillful that there is no chance of confusing the two.

Now, if I were to propose a policy change to an incredibly hardline stance that would mean the uniform removal of all instances of 'similar looking' works from the site.

Think about what that would mean;

How many similar looking characters exist in the Anime and Anthro sections, let alone the other sections and categories?

How many characters have you seen which are based on Sonic the Hedgehog (trademarked by Sega), his videogame pals, or other japanese animations or manga in the Anthro section? How many lupine characters which look alot alike? How many felines?

How many 'confusingly similar' characters populate the Anime section? The specific style of manga practically dictate that nearly every character, male or female, have practically the same interchangable features...do we call them all copys?

How many items in the Photography category exist on the site which look very much like something which was previously posted?

How many similar space scenes in the IndyArt section?

How about similar looking interfaces or other skins?

Under such a hardline approach what happens if somebody decides that a certain species, certain mode of dress, or design or whatever is 'theirs' because they posted it here first and they decides to strech the concept of tangible expression to include everything which looks even remotely similar?

If we adopt such a hardline stance are you prepared for the PVA Team to take a huge scythe and cut away maybe half or threequarters of the submissions here?

Are you prepared for deviantART to become a place where beginning artists or new members are no longer welcome unless they can somehow create something which doesn't resemble something already posted here?








DeviantART isn't going to become that site;

We must not lose sight that our user base is a largely amateur population, which has a vested interested in growing in their artistry through tracings and other recreations which will ultimately help them develop their skills.

We realize that posting copies, and 'borrowing' poses, clothing, and other concepts directly from other works is unoriginal, a 'cheap way out'- but people need to learn how to crawl before they learn how to walk, draw what they see somewhere else before they can draw what they see in their own self, their own mind.

That is why the policy stands they way it does.

All I can say is that if you identify so closely with your drawn character that it rips out your heart to see a beginner crudely draw a copy of it then you shouldn't show it to anybody who might be so impressed that they want to draw it themselves.



Don't come away from this believing that you must now "handle these 'thefts' on your own"-

We are not going to tolerate lynch mobs, abuse or harassment of your fellow deviants and as some of you are already discovering we will ban you to get our point across.

This is not a schoolyard where the gang with the most members gets its own way;

This is deviantART
We're a community which welcomes artists of all levels.

Learn to be polite.