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Li Mei
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#3
Old 07-06-2009, 04:21 AM

What is Tracing? Eyeballing? Filtering?
Tracing is when an person lays a sheet of paper over a pre-existing artwork and copies the linework onto the top, clean sheet of paper. This can also be achieved digitally by layers in some art programs. This produces an almost exact copy of the original artwork.

Eyeballing is when an artist visually tries to copy one image, by freehand, onto a clean sheet of paper or digital layer while looking at another work. The offender does not trace over the lines but creates lines by visually judging the placement of the lines. The final product looks incredibly similar to the original artwork but may contain some altered strokes from the artist's interpretation and/or inexperience.

Filtering is taking an image and using a filter through a graphics program to change it or add an effect.

These methods were developed to be used as training and exercise tools for blossoming artists. They do help in developing and understanding visual information and applying it to paper but they shouldn't become the only method an artist uses to create a work.
What is Art Theft?
Art Theft is the false claim of copyright and/or creation of any image (paintings, illustrations, photographs, etc.). It is possible to infringe on another's copyright by selling or claiming false creation over a piece of art.
Why is it unfair to sell traced, eyeballed, or stolen art?
Menewsha holds hard work and fair play in the highest regard. For anyone to profit from any other person's hard work, creativity, and vision without proper consent is unethical and illegal. Even if you recreate someone's work through eyeballing or tracing, you are still taking the line, shape, and form which another artist painstakingly developed with their own talent, experience, and hard work. For another person to trace or eyeball a work in a few minutes what may have taken hours, days, or weeks for someone to create is unfair to the original artist.

The only exception to this rule is when you hold the copyright over an image you trace or eyeball. For instance, if you take a photo of a flower and then trace or eyeball it-- this is acceptable. Since you hold the copyright of the image, you hold the copyright of any derivative work based from that image material.

Of course, if you take a photograph of another artist's work and then try to trace or eyeball from that work, it is theft. You still do not hold the copyright of that image and cannot reproduce it.

As the Graphic Artists Guild Handbook: Pricing & Ethical Guidelines,states:
Quote:
A derivative work created with the permission of the original copyright holder is itself copyrightable. Created without permission, it can be considered infrigement.
How do I properly credit an artist or group?
Generally, its best to credit the artist with their name and a link to their gallery. Some artists have specific instructions for crediting them and its best to read or ask them what their usage policies are. Place this somewhere in your shop or auction thread, on the first page, where it can be easily read and visible by users who will be purchasing from you.
What if I do not know who the artist is, can't find them, or cannot communicate with them due to different languages?
Then it is best you do not use the image.
What are my legal rights as an artist?

As an artist, you always maintain the right to your artwork unless you give it away.

For more information on the technical legalities of copyright, please check these following links:

U.S. Copyright

U.S. Copyright Office
What do I do if someone has stolen my art on Menewsha?
On the post that has the offending entry, use the (!) button at the bottom right. This will create a report. Please provide evidence that you are the creator of the work- the best way is to have a timestamped art piece available in an online gallery such as Deviantart (or similar site). If you cannot provide a third party timestamp or timeframe to the work, please provide a link to the original work. At this point, it will be left up to the discretion of the staff to judge. Help us to help you.
Can I sell fanart on Menewsha of copyrighted characters?
Yes, you may but please try to cater towards avatar and original characters more. You'll find a larger market in those genres.
What do I do if I recognize art that is traced, eyeballed, or stolen for sale or used as a preview?
If you find that a user is selling or using traced, eyeballed, or stolen art as a sample for their shop or as a commission, please use the (!) button to report the post where the possible theft is at. If available, please add a link to the original artwork or other evidence of the theft so that we may verify your claim efficiently. If you cannot find a link, the staff will then try to verify your claim and it may take time to resolve. You will not be contacted by staff about the status of your report unless we need more information.
What will happen if I am caught selling traced, eyeballed, or stolen art?
Depending on the severity of the case, your account will either acquire a 500 point permanent, non-expiring infraction or an instant ban. As a reminder, at 1,000 points, your account is automatically banned.
Can I use a Photoshop filter on images I've found to alter them and sell them?
If you did not create the image, you cannot use a filter and sell them. By using a filter, it is especially obvious that you are possibly trying to mask this. It is considered art theft by claiming ownership of an image you minimally altered but did not create- especially if you are not intending to credit or ask permission of the original artist.
I've seen avatar edits for sale. Isn't that stealing?
If you see Menewsha bases used in an avatar edit, where areas are changed or animated, and credit is given to the Menewsha site, then it is permissible. The edit must alter the base enough that it justifies its sale to users-- incredibly minor edits may be subject to approval of staff. If you aren't contacted, you're probably okay.
I make thread banners and graphics. What is fair to use and sell?
When possible, use as many images, graphics, and tools that you have created yourself. If you do intend on using other people's images, graphics, art, tools, etc., its best to contact them and ask permission. There are some cases where the tool, graphic, etc. is copyright free and/or the creator expresses permission to use for commercial use. As long as you have their expressed consent and can document that you've gained it, then it is permissible.
I make pixel dolls/animals/food/etc. What is fair to use and sell?
Any doll base that is created by another artist with their expressed permission to alter and sell their work is alright.

If you are using a base from another source without their permission, it is theft.