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darrenrawlings — Dynamic Duo
Published: 2014-01-11 15:59:41 +0000 UTC; Views: 4983; Favourites: 175; Downloads: 56
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A Planet Pulp entry I did from last year.Related content
Comments: 17
Thanks very much!
Quick question though, What do you mean "use in your digital art"?
If by "use" you mean as inspiration, that's cool. However, if by "use" you mean, using my art in your art,
that's something you need to get my permission to do.
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Please don't use my work without directly asking me first and obtaining my permission,
especially if you are intending on using it to create something you call your own.
Thanks very much.
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For sure, I'm really glad you like my work, that's awesome!!
But you do need my permission to use my work.
And yes, you are definitely right that it is polite and professional to not only let someone know about it,
but to ask them before you do. I've found, most of the time, if you ask someone before just going ahead
and using it without their prior consent, they'll more than likely be cool with it, as long as you give clear and
proper credit and links to the original art and artist.
Don't get me wrong, I would be flattered if you "asked" to use my work.
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The open-ended concept of fair use is not observed in Canadian law.
And myself and my work are Canadian. Sorry about that.
Regardless of what fair use actually means, it's still proper
etiquette and professional manners to ask permission before using
someone else's work. If you ever want yourself to be viewed by
others in the art community as a respected professional, you would
be wise to adopt the principle of asking first. Otherwise, you're going
to have a lot of negative reactions from people, and from the looks of
things, you already have. Don't let government laws dictate your
honesty and integrity, especially as an artist in a public art community.
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I checked out your work, and it looks like it takes you a lot of time, effort
and creativity to put those things together. Good job!
As a professional, I'd like to give you some advise. Not in terms of art or creativity,
but in conducting yourself professionally and in an honest manner.
When creating these works of art, all you have to do, is message the person
who's art you like, like you did with me, and instead of saying "I'm going to use
your art", say, "I'd love to use your work in one of my collages" and with every
collage you do, make sure you clearly state the artists you used and post links
to their respective works.
This will give others the sense that you aren't just out to steal from them, but
want to create something new, and give credit where credit is due.
If you do this one simple thing, I promise that you will definitely find that people
respect you more and are more willing to let you use their work, regardless of fair use.
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Agreed!
And I realize that under fair use you don't "have to ask permission"
but its always the right thing to do. If someone says "no", then its
in your best interest to honor their decision and move on.
Just remember, fair use is to be used as a shield, not a sword.
All the best.
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uh... no. I see where you were trying to go with that analogy though.
It’s important for you to understand that fair use is a "defense" rather than an affirmative right.
This means that a particular use only gets established as a fair use if the copyright owner decides to file a lawsuit and the court upholds the fair use defense.
There is, therefore, no way to find out in advance whether something will or won’t be considered a fair use.
Of course, if the copyright owner is WILLING TO GRANT PERMISSION for the use, then the uncertainty surrounding the use goes away! (which is what you'd want! hooray!)
For this reason, most people who propose to use a copyrighted work DO WHAT THEY CAN DO OBTAIN PERMISSION and only rely on the fair use "defense"
if permission is not granted or the copyright owner can’t be located.
Hopefully that makes sense.
Like you said, perhaps we'll just agree to disagree, otherwise this could go on for a while!
Keep up the good work, and remember to always ask permission and give clear credit and links to the work you use!
You will gain much more respect if you do!
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I totally understand.
I think the concern arises for people, on two major points.
1- credit isn't given to the original artists work.
2 - if you're making money off of their work.
You're example is legit. But just remember,
if I'm taking a photo of my fridge, with a can of coke in it and then showing it off, I don't think you'll have a problem, you're right.
BUT, if you take that photo of your fridge with a can of coke in it, and try to sell it, you had better blur out that can of coke, or you'll
quickly find yourself in court battling with coke's lawyers! :S
Its like when you watch tv show or news. You ever see when they have to blur out an image or someones shirt?
That's because they didn't get permission to use that individual or companies copy-written art work, product or brand.
IF they didn't blur it out, and they got taken to court, THEN they could use the fair use clause.
Make sense?
It's a law, yes... but it's not a "right to exercise", its a protection or defense if things should go wrong.
Perhaps instead of pushing "fair use" on folks so much, maybe you could just state that its for personal work only
and that you won't be selling or making any profit off of their work.
That alone would put people's minds at ease!
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again... agree to disagree.
Best of luck to you and hopefully you don't find
yourself in court too often!
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Hah! Awesome work! I'll have to jump on the frog bandwagon. Nice addition.
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he he, frog bandwagon! Thanks!!
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nice one, HB's my first or second favorite along with the Bat.
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The frog adds a lot to this illustration, as a Hellboy reader.
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he he... Mignola loves frogs.
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