case: ([ Zell; Agh. ])
Case ([personal profile] case) wrote in [community profile] fandomsecrets2008-01-06 06:05 pm

[ SECRET POST #366 ]


⌈ Secret Post #366 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

FOR THE LOVE OF GOD IF YOU'RE GOING TO USE MSPAINT USE A BACKGROUND COLOR, PLEAAAASE

Secrets Left to Post: 11 pages, 252 secrets from Secret Submission Post #053.
Secrets Not Posted: [ 1 ] broken links, [ 1 2 ] not!secrets, 0 not!fandom.
Next Secret Post: Tomorrow, Monday, January 7th, 2008.
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.

25

[identity profile] pana.livejournal.com 2008-01-06 11:35 pm (UTC)(link)
a. It's a fucking icon. Since when is 100x100 pixels srs bzns?

b. It's fanart. Technically, the artist doesn't even own that art, even though they made it. And I hope you don't use official art, because someone worked hard to make that too.

c. I'm a fairly popular fanartist and I love it when my art gets plastered on 4chan even though no one knows I made it, because as an artist it makes me much happier to see a lot of people enjoying my art than everyone knowing my name. And I don't care at all whether people use my art for icons.

Re: 25

(Anonymous) 2008-01-06 11:37 pm (UTC)(link)
The artist does own the art, actually. I'm sure you don't want a legal rundown.

Also, it's about respect. Something lacking in fandom these days.

Re: 25

[identity profile] pana.livejournal.com 2008-01-06 11:38 pm (UTC)(link)
Try selling it and see how far that gets you, legally.

Re: 25

(Anonymous) 2008-01-06 11:40 pm (UTC)(link)
It is actually legal, under certain conditions.

Re: 25

[identity profile] pana.livejournal.com 2008-01-06 11:48 pm (UTC)(link)
Okay, okay, let me copypaste some wikipedia for everyone's benefit:

The legal status of fan made art in America may be tricky due to the vagueries of the United States Copyright Act. Generally, the right to reproduce and display pieces of artwork is controlled by the original author or artist under 17 U.S.C Section 107. However, fan art using settings and characters from a previously created work could be considered a derivative work, which would place control of the copyright with the owner of that original work. Display and distribution of fan art that would be considered a derivative work would be unlawful. However, American copyright law allows for the production, display and distribution of derivative works if they fall under a fair use exemption. Generally small excerpts from larger works that have no financial impact on the original and that are done for non commercial purposes could be considered a fair use (depending on a number of circumstances). American courts also typically grant broad protection to parody and some fan art may fall into this category. This is a legal gray area, which is not related, and legality can often not be determined until after litigation has concluded.


Now if you tell me how icons are making a significant financial impact on the original fanartist and fall outside the area of fair use, then maybe I'll sympathize a little.

Re: 25

(Anonymous) 2008-01-07 12:42 am (UTC)(link)
I don't live in America so all of that is absolutely no use to me. But like that excerpt says, it's a legal grey area. Popular artists like makani on deviantart actually do make a fair amount of money from comissions, etc and we don't see her being sued.

Anyway, it's not about finance (as usual). It's about respecting the original artists wishes and common courtesy.

Re: 25

[identity profile] pana.livejournal.com - 2008-01-07 00:51 (UTC) - Expand

Re: 25

(Anonymous) 2008-01-07 01:47 pm (UTC)(link)
and we all know how accurate wikipedia is!

Re: 25

[identity profile] pana.livejournal.com - 2008-01-07 18:12 (UTC) - Expand

Re: 25

[identity profile] advocate.livejournal.com 2008-01-06 11:40 pm (UTC)(link)
iawtc.

Re: 25

[identity profile] downburst.livejournal.com 2008-01-06 11:41 pm (UTC)(link)
dear god we need more artists/people in general like you. ♥!!

Re: 25

[identity profile] haloradio.livejournal.com 2008-01-06 11:52 pm (UTC)(link)
I think it's more courtesy. If you're going to ask that someone credits you for an icon, you should credit the people who drew the fanart. People credit resources, why not the sources of the image? Ultimately it's so others can go back and look for more fanarts by that person. I think it'd be sort of flattering, and exposes the art to a wider audience; but it takes two.

Re: 25

[identity profile] pana.livejournal.com 2008-01-06 11:59 pm (UTC)(link)
If you know the original artist then yes, but I'm also one of those people who likes to make icons out of art I love even though I don't know who the artist is. If someone could tell me I'd credit them but it's more beneficial to the artist to have that art being circulated by the masses because it makes them that much easier to recognize in the future.

It's a different kind of skill that goes into icon-making, although admittedly not nearly what the original artist did, but it's just as reasonable for someone to ask for credit on icons made from fanart as it is to ask for credit on icons made from official art.

Then again, I generally don't care who credits my icons, either. The only benefit would be for people who like the style of my icons to be able to find more like it.

Re: 25

[identity profile] haloradio.livejournal.com 2008-01-07 12:29 am (UTC)(link)
Well, it's nice to be exposed to a larger group of people so more people can see your work. All and all I think it's just courtesy, in the long run. As far as 4chan goes, someone's always bound to know who did something if it's art you love; and if they extended enough energy to make it, then I can spend a few minutes finding out who they are; especially if you're going to make free icons. However, if you don't babble about people wanting to credit you for your icons, and everything remains anon, then I think we're okay that way too. I just don't like seeing people freaking out over others not crediting for their icons when they just found a bunch of shit on 4chan and iconed it. It's rather rude.

Re: 25

[identity profile] pana.livejournal.com 2008-01-07 12:37 am (UTC)(link)
We're in agreement, I think.

Overall I think it's super-lame to be possessive about any kind of fanwork, whether it's fics or icons or art. I may be in the minority here, but I think that stuff should be done in a spirit of community and giving.

Re: 25

[identity profile] haloradio.livejournal.com 2008-01-07 12:50 am (UTC)(link)
I think we are too.

As long as there's an agreement, then yes, I agree! Community giving and courtesy, A++

Re: 25

[identity profile] haloradio.livejournal.com 2008-01-07 12:30 am (UTC)(link)
fjdkl plus you get more of their art if you find the source! A+

Re: 25

(Anonymous) 2008-01-07 01:51 pm (UTC)(link)
it's more beneficial to the artist to have that art being circulated by the masses because it makes them that much easier to recognize in the future.

I don't follow this logic you put out. how is it beneficial to the artist?

person 1: oh, pretty icon!
person 2: fanart!
person 1: who drew it?
person 2: no idea, but isn't it pretty?
person 1: I'd love to see more of their work.
person 2: sorry, can't help you. but look at this pretty 100x100 oversaturated, words too small to be read, butchered image! isn't it pretty?
person 1: yeah.

The only benefit would be for people who like the style of my icons to be able to find more like it.

WE HAVE A WINNER!

Re: 25

[identity profile] pana.livejournal.com 2008-01-07 06:15 pm (UTC)(link)
Because when people see that piece of artwork again in the future, they'll recognize it more immediately and studies have shown that people are more inclined to buy something they recognize. This is a basic concept taught in advertising.

I understand the value of giving someone the artist's name, my sarcastic little friend. I'm just saying that it's more useful to the artist, even if someone doesn't know their name, for their artwork to be displayed in a small and harmless manner.

Re: 25

[identity profile] warpuff.livejournal.com 2008-01-06 11:57 pm (UTC)(link)
Agreed to a T. ♥

Re: 25

[identity profile] the-oxymormon.livejournal.com 2008-01-07 12:22 am (UTC)(link)
I love you. ):

Re: 25

[identity profile] gottasmoke.livejournal.com 2008-01-07 12:30 am (UTC)(link)
I HATE YOU PANA D:

Re: 25

[identity profile] neon-geisha.livejournal.com 2008-01-07 01:56 am (UTC)(link)
I love you a lot for this. :D

Re: 25

[identity profile] ccmars.livejournal.com 2008-01-07 03:54 am (UTC)(link)
I don't think it's the fanart itself people are worried about. It's the fact that the artists themselves are so anal that they shut their entire site down if they see it happening to their own stuff even once. It doesn't happen all the time, but it seems pretty common with Japanese fanart sites...

Basically, this whole shit is because one person decides to take art of someone else's character some bitchy fan drew and therefore no one else gets to see it. Round and round the circle goes, where it stops, nobody knows.
Edited 2008-01-07 03:56 (UTC)

Re: 25

(Anonymous) 2008-01-07 04:29 am (UTC)(link)
I thought the Japanese fanartist/doujinshika had a reason for that? For example, if they became too noticed, the original makers could sue them or something like that... only in Japan, I guess...

Re: 25

[identity profile] ccmars.livejournal.com 2008-01-07 04:45 am (UTC)(link)
That's true in some cases (I hear Disney Japan is notorious for this, thus Japanese Kingdom Hearts fanart being mostly underground), but I don't know if it's really all that common. I'm sorry I don't have any further info.

Re: 25

[identity profile] ormery.livejournal.com 2008-01-07 08:51 am (UTC)(link)
c. I'm a fairly popular fanartist and I love it when my art gets plastered on 4chan even though no one knows I made it, because as an artist it makes me much happier to see a lot of people enjoying my art than everyone knowing my name. And I don't care at all whether people use my art for icons.

Duh, people enjoying fanart is WAY less important than the artist getting as many pageviews as possible DIDN'T YOU KNOW??