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Copying vs. Plagiarism vs. Copyright Infringement

Journal Entry: Mon May 3, 2010, 3:02 PM



So, there's a good number of you out there who have heard of the debacle involving the Alliance for Young Artists & Writers.

If you have not somehow bumped into this issue over the weekend it involves The Scholastic Art and Writing Awards which is a judged contest which received well over 150,000 entries this year and which handed out Gold and Silver Medals to 1300+ entrants with a lucky and talented fifteen of the Gold Medalists receiving a $10,000 scholarship.

The Awards themselves aren't what I am addressing but rather the fact that (at least) one entry this year was a direct copy of a work originally created by one of our very own deviantART members.

I'm deliberately not going to name the deviant or the plagiarist because the situation has been resolved with the plagiarist having their award stripped and there is no reason to feed more drama into the issue; if you really want to know I'm certain you can find the information yourself.

What I want to do is to use the overall issue to compare the differences between copying, plagiarism, and copyright infringement.

These three subjects are all tightly intertwined; sometimes they can all be the same thing and sometimes they are not but the reason I want to talk about them briefly is because the Great Campaign Against Art Theft rarely bothers to notice the distinction and for CEA in 2010 we are pushing a bit more education on these subjects out into the community.

Another problem is that the vague term "art theft" gets applied to all three of these situations and as I've pointed out the "art theft" and "stealing" terms just really don't acknowledge the sometimes subtle shades of grey (not to mention not being the right terms to use at all).

Copyright Infringement

Copyright Infringement is what most people are referring to when most people scream "art theft" or "stealing" but of course "stealing" and infringement aren't the same thing.

Copyright is a bundle of five rights which are exclusive to the copyright owner. These rights include the right to reproduce, distribute, create derivative works based upon, preform and display the protected work.

The owner controls all of these functions, subject to certain limitations and exceptions built into the law.

For most people copyright infringement involves the posting of their work or the manipulation (or "blending" or "editing" or "rendering") of their work. In these cases your actual work has been taken and directly used in some fashion.

There are a bunch of different ways which an infringement can occur but there are also exceptions and other situations where infringement might not be occurring so it is really important that you recognize when actual infringement has occurred and that you know how to proceed to remedy the problem(hint: mob action and death threats is not part of the procedure)

Plagiarism

Sometimes plagiarism and copyright infringement are the same thing; sometimes they are not.

A plagiarist is a person who poses as the originator or a work which they actually obtained from someone else; they claim to have come up with words they didn't really write, ideas they didn't think up, facts they didn't discover, etc, etc.

When you guys talks about people "stealing your ideas" you are talking about plagiarism.

Now copyright infringement and plagiarism aren't always the same thing. For the purpose of plagiarism the material "stolen" doesn't have to be protected by copyright and the plagiarist cannot be sued for copyright infringement if all that they take are unprotected ideas or facts or things which can be considered to be in the public domain.

If someone were to take and submit one of your original works to deviantART and claim it as their own work, that person would be considered to be a plagiarist as well as a copyright infringer.

If someone were to take and submit your original work but not claim it as their own they would simply be committing copyright infringement.

If that same person were to take and submit the Mona Lisa they would not be committing copyright infringement (because the Mona Lisa is in the public domain) but if they claimed that it was their own painting then they would be considered a plagiarist.

Copying

Aside from plagiarism, which is essentially copying while taking credit, we have just plain old copying.

Just like with the comparison between copyright infringement and plagiarism, simple copying is not necessarily either of those and this is where things get really, really confusing.

Artists have been copying from each other since the dawn of time but copying isn't always plagiarism and it also doesn't necessarily equal copyright infringement either.

Copying usually becomes copyright infringement when the copying is "verbatim"; the entire work is copied and copied exactly. There is usually no doubt that infringement has happened when two works are essentially identical in every way.

If there has only been "substantial" copying involved, with the works being obviously similar but not exactly the same it can become harder to have a valid claim of infringement, even more when the works are only superficially similar.

The main problem with copying is that the underlying idea behind your work, lets say a wolf howling at the moon in a dark forest, isn't protected under copyright.

Your exact rendition of the idea is protected and copyrighted to you, but anyone anywhere is free to use that idea in their own work, and many will do so without ever seeing your work and it is entirely possible that the works could simply share superficial similarities by coincidence without any copying having occurred.

Try Googling "wolf howling at the moon" and check the image results to see the sort of superficial similarities I'm talking about.



If you managed to follow all of this you'll hopefully carry away some notion of how nuanced and laced with subtleties these issues are in reality; something which the Black-or-White proclamation of "art theft" completely fails to acknowledge.

It's the biggest reason I'd love to see the community abandon use of that phrase (along with "stealing") and adopt some of the terms I've discussed here. I think once we do we might be able to see a lessening of some of what you could call "batshit insane" reactions people have to situations which don't necessarily call for such a highly dramatic reaction.

We've got millions of artists here and we get ten times that many visitors so it's high time we all started to better understand the issues which affect us as a community; we're all creative people here and we draw our inspiration from other artists even if we don't do it deliberately.

We can all probably name one person we know of who got "popular" here by copying the work of some other little-known artist and not bothering to credit them (plagiarism) and for every one of those people we can probably name five others who have obviously copied and "borrowed" ideas from works they've seen, not to mention the chronic problem of copyright infringement which is practically built into Internet use.

I'd love to sit down and perhaps have a discussion on these issues at some point; questions, answers, and advice from the perspective of what we do here at CEA could probably work out well.

  • Mood: Content

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:icontrevj:
trevj Featured By Owner Jul 24, 2012  Hobbyist Photographer
Many thanks for a clear consise description of the diffs between goodl old thieving and using others words,but it would be a terrific help if D/A used some of our money on a better watermark,the one provided can and was in fact removed by my brother a computer geek in 3 minutes,thats not so good,we have taken the steps of paying to have a name as our trademark,sad but true,and will be put on all our pics on D/A,should anybody steal our works,we do have recourse thru courts as they will have stolen a trademark,it is so sad to many trolls look at up and coming artists,and there are many talented and gifted ones on D/A,steal their works,there should at least be a page in your website about the importence of protecting your works,and how to do so,withoutit costing a fortune,
i;e making a better watermark from d/a
regards.
Reply
:iconthetruedarkness:
TheTrueDarkness Featured By Owner Mar 31, 2012  Hobbyist Traditional Artist
what if someone took a picture of a set of books using their cell phone camera and submitted it as a deviation but gave credit to the original author? as in something like this --->[link]

can it really be copyright infringement?
Reply
:iconhans-sachs:
hans-sachs Featured By Owner Apr 16, 2012
[link]

"If you photograph a painting or other artistic work for the sole purpose of advertising its sale, for example, in an auction or sale catalogue, then you will usually not need prior authorization."
Reply
:iconsavagefrog:
SavageFrog Featured By Owner Jan 3, 2012  Hobbyist General Artist
Is there some place here that I can volunteer to help find violations & take them down (aside from simply reporting them)?
Reply
:icontmpfan:
tmpfan Featured By Owner Aug 23, 2011
You should and needed to mention Public Domain Works. It is when copyright works time runs out and they are free to be used by anyone.

This is such an important issue and it not to be brought up more when it should be. All the artists should read and learn about this issue so not to confuse or bother other members about it.
Reply
:iconkemurikat:
kemurikat Featured By Owner Jun 29, 2011  Hobbyist General Artist
I wish Extremist Groups like these concentrated on actual DA art theives instead of picking on various pages that post fan art for FUN:

[link]
Reply
:iconaodhan-x:
Aodhan-x Featured By Owner Jul 3, 2011
It doesn't matter if it's for fun.
It's still art theft.

And I don't think you know what is Fan Art:
FAQ #572: What does deviantART consider "Fan Art" to be?
Reply
:iconkemurikat:
kemurikat Featured By Owner Jul 11, 2011  Hobbyist General Artist
However, it's definitely not art theft if you have written permission from the artwork's creator before you use their artwork. It's just something people have to learn to do or make absolutely sure the art being used is specifically 'stock art.'
Reply
:iconaodhan-x:
Aodhan-x Featured By Owner Jul 11, 2011
Indeed.
:nod:
Reply
:iconkuriiko:
Kuriiko Featured By Owner Jun 9, 2011  Hobbyist General Artist
Dear realitysquared,

I'm not sure if you do this sort of thing, but can you tell her that using artwork which you don't have permission is against dA rules. She says that she won't delete them, until it comes from a dA's month.

[link]
Reply
:iconkuriiko:
Kuriiko Featured By Owner Jun 8, 2011  Hobbyist General Artist
oops, sorry for the double post.

But this group also. [link]

Also do you guys accept help desk tickets on groups instead of reporting every single person in that group?
Reply
:iconkuriiko:
Kuriiko Featured By Owner Jun 8, 2011  Hobbyist General Artist
Excuse me, but this group [link] are they allowed to make all those signatures?
Reply
:iconkuriiko:
Kuriiko Featured By Owner May 23, 2011  Hobbyist General Artist
Excuse me, but this group allows renders and they said that they are allowed to post them on dA, because of fair use. Is that allowed?

The group in question: [link]
Reply
:iconrealitysquared:
realitysquared Featured By Owner May 24, 2011  Hobbyist General Artist
We don't allow this sort of thing at all- we'll disband and deactivate this Group and check to make certain that the gallery contents have proper licensing to be posted in the first place.
Reply
:iconbeatroll:
beatroll Featured By Owner May 24, 2011
Pardon me for butting in, but one of the Group moderators claimed that they can use Square Enix's materials because of the copyright notice on Square Enix's website. [link]

To me, it looks as though that statement only grants permission to distribute (without modification) things like wallpapers downloaded from that site only for personal or informational use, not edit any screenshot taken from a game made by the company (which she was doing). I would like clarification on whether the mod's reading of the copyright statement really did grant her permission to make renders/graphics or if she misunderstood, because she and others affected by the administrative removal are very upset and a dA admin's clarification might help smooth things over. I don't know if the blog linked earlier had Square Enix's statement featured or not.
Reply
:icontseng-akera:
Tseng-Akera Featured By Owner May 25, 2011  Hobbyist Digital Artist
if you look farther in on squareenix's copyright they have this at the very bottom

"provided that, you may not, without the permission of Square Enix or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials."

SquareEnix are absolute Nazi's when it comes to their work, i know a few people that work for their north american branch and they say it's like being sworn into the Secret service, they can't let anything leek or talk about their work.

beacuse they are modifying the images square Enix veto's their use of the images at that point unless they manage to get the permission from the company it's self.
Reply
:iconbeatroll:
beatroll Featured By Owner May 26, 2011
Yes, that's exactly what I linked him to, and I know SE is tight on copyright. I want a dA staff member's word on this, though, for absolute clarification.
Reply
:icontseng-akera:
Tseng-Akera Featured By Owner May 26, 2011  Hobbyist Digital Artist
lets just hope R^2 gives a response, because right now i'm dealing with the shit storm from this group because someone linked to our group.
Reply
:iconkuriiko:
Kuriiko Featured By Owner May 24, 2011  Hobbyist General Artist
ok, um thanks for the info.
Reply
:iconkuriiko:
Kuriiko Featured By Owner May 16, 2011  Hobbyist General Artist
Excuse me, but I want to know if this person says about Creative Commons is true. She talked about it in a journal, but I want to know if her facts are true.

Journal: [link]

Is it true about fanart not being art theft, like you take it from someone else and post it on dA it won't get taken down?

Is there even a free fiction License?

Does fanart fall under the creative commons act?

And the part about this "I have SEVERAL very old pieces that are straight up RECOLORS of original images. As in, taken into PS and selecting areas and just altering the color. They're STILL UP, DESPITE SEVERAL REPORTS. Why? CREATIVE COMMONS.", is that really why the reason they are still up?

Also this part "And thirdly, with finality, most major picture sites that aren't used for things like personal photos, like Photobucket and Gelburrough, have an area in their TOS, explaining that if you post up an image, it falls under the creative commons licence. " Really is the TOS from these sites make it ok to use and repost it on dA, like can you use the TOS of these sites as a permission slip?
Reply
:iconrealitysquared:
realitysquared Featured By Owner May 19, 2011  Hobbyist General Artist
This person doesn't actually appear to know what it is they are talking about.

I don't think I saw very much information there at all which is correct- it all seems based on rumor and justification or is just plain made up rather than any sort of fact or real information.
Reply
:iconkuriiko:
Kuriiko Featured By Owner May 19, 2011  Hobbyist General Artist
ok, thanks you for the info.
Reply
:icongabriellebonez:
GabrielleBonez Featured By Owner Dec 17, 2010
This journal is very informative ; I can see the distinctions between the 3 issues .

"they claim to have come up with words they didn't really write, ideas they didn't think up, facts they didn't discover, etc, etc."

Recently, I've learned of something called, 'Intelectual Property Theft' & was wondering if this is the same idea as plagiarism.? From what I've heard, this is the most difficult of the 3 terms to prove or disprove .

Also, with copying, where is the line drawn (I guess I'm looking for the example to come from dAs' policies, here) in saying who copied what, where & how long ago did someone have this idea.? If no one has the proof online, are the cases dropped for lack of evidence.?
Reply
:iconkometto:
Kometto Featured By Owner Nov 26, 2010  Hobbyist General Artist
Can you explain to me the Fair Use Policy for dA. I read the FAQ, but I still don't get it.
Reply
:iconrealitysquared:
realitysquared Featured By Owner Nov 27, 2010  Hobbyist General Artist
We don't actually have a "fair use policy"; it is expected that you will have permission to use any materials or content which are not your own.
Reply
:icontmpfan:
tmpfan Featured By Owner Aug 23, 2011
What about works that have no copyright on them because they are so old they have no need for one?
Reply
:iconkometto:
Kometto Featured By Owner Nov 29, 2010  Hobbyist General Artist
ok, thanks for the info. C:
Reply
:iconi-stamp:
i-stamp Featured By Owner Nov 15, 2010
I know this comment is really late and I'm sure you're really busy, but I'd love to hear your opinion on the use of screen shots or other graphics in stamps and demotivational posters.
Reply
:iconrealitysquared:
realitysquared Featured By Owner Nov 16, 2010  Hobbyist General Artist
Needs to follow the official copyright policy just like everything else.
Reply
:iconi-stamp:
i-stamp Featured By Owner Nov 17, 2010
Hmmm, that makes me curious. Because there's certainly a lot of stamps which use commercial artwork belonging to a copyright holder. Though I'm told by stamp enthusiasts that it's so small that it doesn't matter. And I haven't seen any removed before.
Reply
:iconhawkbri:
Hawkbri Featured By Owner Nov 2, 2010
I've copied before, but I gave credit where credit was due, since it was JUST a CRAPPY re-sketching and re-painting of the artist's art. I was also lucky enough to grab her attention and approval for when I posted it on a site that actually can take action.
Reply
:iconsachie-chan:
Sachie-chan Featured By Owner Sep 18, 2010
Um, excuse me, but is it ok if I post demotivationals posters, but give credit.....like this person---->[link] Would the pictures be under Fair-Use? Also if I report a picture, how long does it take before I get notified that the picture is removed?

Thanks for your time.
Reply
:iconrealitysquared:
realitysquared Featured By Owner Sep 20, 2010  Hobbyist General Artist
"Credit" is never a replacement for having actual permission, and the deviantART Submission Agreement requires that you have permission to use the content which is in your deviations.
Reply
:iconsachie-chan:
Sachie-chan Featured By Owner Sep 20, 2010
oh, ok thank you.
Reply
:iconmaggirl93:
Maggirl93 Featured By Owner Sep 9, 2010  Hobbyist Digital Artist
I'm just wondering, what's your opinion on "copying" a photograph in a pencil/charcoal drawing? I for one often do portraits of people such as celebrities for my art class, and a friend of mine does it regularly and she is phenomenal at it--they look like actual photographs almost. Is there any honour in doing this? It does take a lot of skill, obviously.
Reply
:iconrealitysquared:
realitysquared Featured By Owner Sep 10, 2010  Hobbyist General Artist
Well, for one thing "copying" within the context of an educational class is extremely common and actually completely allowed under the "fair use" exception built into copyright law because it's an educational and personal use which is seldom intended to go beyond the confines of the classroom environment or the boundaries of a personal portfolio.

Copying in this sense with the limited intentions, exposure and distribution is a good learning tool because when you are learning how to do something one of the best procedures is to copy what a more skilled individual has done so that you can figure out how they arrived at their finish.

As far as the "honor" associated with copying, I personally feel that as long as you are honest in what you have done and clear about it then there is no dishonor in the practice because if you are that good then you should be able to take pride in your ability and skill to duplicate what you see - it's not easy and it takes a lot of work.

It's only when you try to pass off your copy as a completely original work made up by you that you cross the line into being dishonest.

Things certainly get a bit more shady when you start to widely distribute your copy, such as placing it on a site like deviantART - that's when you start crossing into territory which is reserved for the copyright owner of the work you've copied.
Reply
:iconmaggirl93:
Maggirl93 Featured By Owner Sep 10, 2010  Hobbyist Digital Artist
Interesting. Thanks for the input!
Reply
:iconrealitysquared:
realitysquared Featured By Owner Sep 13, 2010  Hobbyist General Artist
Anytime.
Reply
:iconexplodingzombies:
Explodingzombies Featured By Owner Sep 8, 2010
TThank you for clearing things up!! <3
Reply
:iconkobayashihisa:
KobayashiHisa Featured By Owner Sep 1, 2010
May I post this and submit to the many anti-theft groups I am in (the three parts on copyright, plagiarism, and copying)? I would link it, but it will get viewed and read by more people if it is a submitted deviation. Or a news article would be awesome with this and the answer to my last question about what we should do that I just posted on your other news article.
Reply
:iconrealitysquared:
realitysquared Featured By Owner Sep 2, 2010  Hobbyist General Artist
Feel free to spread the information.
Reply
:iconkobayashihisa:
KobayashiHisa Featured By Owner Sep 2, 2010
Thank you!
Reply
:iconextraphotos:
extraphotos Featured By Owner Jul 31, 2010  Student Artist
question what happan keep doing it all copyright pich all time, do get fine what happpands just want to know
Reply
:iconiconicimagery:
IconicImagery Featured By Owner Jul 30, 2010  Professional Writer
I also agree that "Copying vs. Plagiarism vs. Copyright Infringement" would be fantastic as a news article for faving.

I sent a well-documented Cyberbulllying/Defamation/Abuse report to the Help Desk after discovering that a fellow deviant was driven out by a stalker and the mindless followers who not only don't understand what a genuine art thief is but also didnt bother to check their facts. They just took the word of the troll who waged a hate campaign here using several aliases but always the same posts ad mauseum in journals and the forum on numerous other sites and blogs.

Thankfully the Help Desk saw the situation for what it was and the accounts are permanently banned. The stalking troll *so far* has yet to return. But the victim now has a undeservedly tarnished reputation even outside of dA and can't make headway against other people's vigilantism. And this hatemonger has done this before - just because he can. I think it's sad when dA loses genuinely talented people, especially those who take time to guide and help others because of lies and deceit.
Reply
:iconahundredwingedwishes:
AHundredWingedWishes Featured By Owner Jul 6, 2010  Hobbyist Digital Artist
You know what hurts even worse? When people who took images from Google, Photobucket, etc. make the front page and take it away from somebody else. It hurts twice as much when that person has a Deviant Award from 2009 for making things with copyrighted content. It hurts three times as much when you inform them, link them, and they tell you they do not care. It hurts four times as much as when they call you bitter when in reality you are angry and hurt.

Why do people like this- [link] go unnoticed when they repeatedly make the front page? I've reported every single one I could prove used taken images. In fact, a lot I only had to go to the first page of images on Google. She even said where she took the 'sprites' on some of them.

I'm tired of being called a bad guy for informing them kindly of the rules and giving them the chance to do the right thing. Next time I'm simply going to report them. Too often have I ran into people who give the excuses of, "Everyone else does it," "It makes people smile," "I know the rules, I just don't care."

I also feel like this has gotten out of hand as of late. It's a plague and I am not the only one who is noticing it. Nobody wants to do anything on their own anymore.

---

I thank you for this journal and try to go back to it as often as I can. I wish it could become a part of the explanations in the Copyright policy on the site. It certainly deserves to be seen by many more, not just those who happen upon it like I did.
Reply
:iconiconicimagery:
IconicImagery Featured By Owner Jul 30, 2010  Professional Writer
"I wish it could become a part of the explanations in the Copyright policy on the site. It certainly deserves to be seen by many more, not just those who happen upon it like I did."


Couldnt agree more with this.... !
Reply
:icontypthis:
Typthis Featured By Owner Jun 23, 2010  Hobbyist Traditional Artist
I'm curious where you draw the difference between 'substantial' and nonsubstatial copying. An example would be good for the later (obviousely impossible for the former).

I moderate at a site called Elfwood and am quite familiar with what they regard as copied. I was wondering if DA has the same ideas.
Reply
:iconconceptcat:
ConceptCat Featured By Owner Jun 15, 2010  Professional Digital Artist
So question. I drew something over two years ago and posted it on dA. After a year of it being up on the site, it was removed (even the person that reported me told me that I stole the POSE, and I should have credited the original photograph of the celebrity.) Now, I didn't redraw the celebrity, I didn't redraw the post to the exact; I merely used the photo for a reference to tell my BRAIN where things should go and that's it. So how is this stealing? Just wondering...or is it not??? I even sent the staff a note and they basically sent me back the Faq code or whatever and that was it. They weren't willing to talk to me or anything. And honestly, I don't think they even looked at the image.

The image was pretty mediocre either way...rofl. But still...
Reply
:iconrealitysquared:
realitysquared Featured By Owner Jun 15, 2010  Hobbyist General Artist
Is this a recent happening? I ask because the logs associated with your account do not show any record of anything being removed from your gallery since 2007.
Reply
:iconconceptcat:
ConceptCat Featured By Owner Jun 15, 2010  Professional Digital Artist
No, I think I did say it was 2 years ago, but then I thought about it, and you're right, it had to of been 3 years or so ago.

One thing I do want to know is then...(even though I have read the rules since and know them now and know what is accepted and not) is there an actual count as to how many times before you get banned? Like how many times does it take for someone to get in trouble? XD

I don't even know if you can see what was taken down...but I didn't trace it or anything...either way, it was a crappy drawing, like most of my work from a couple of years ago.

The other things I got in trouble for, was BEFORE I read the rules, I had posted art that I liked (used it like myspace or facebook) big woops... :giggle:

Thanks for the reply :heart:
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