The point is that mistakes have been made, whether intentional or unintentional. The only thing that can be done now is for any and all DN members to cease uploading here any images that come directly from DA without getting written permission from the artist and giving them recognition.
As far as uploading a DA image that came from another wallpaper site? This is where the DMCA copyright violation really is most helpful because the person that downloaded the image might not remember from what website they got the image from; therefore, would not be able to give the original artist a trail to track down.
If an image is uploaded here from another wallpaper sharing website without the knowledge of any copyright, then should that person receive criticism and be called a thief and be harassed? No, not imo. This again is where the only best answer is to file a DMCA Copyright Violation, have the work removed from that website, and do all that is possible on the artists' side to protect their work with a watermark so that not ANY wallpaper website gets a clean download.
I have been following this "war", the comments posted on DesktopNexus members profile and uploads, and all the forum posts, on this topic. The biggest confusion, I see, is the statements that somehow portray DeviantArt as something other than a public website. Anyone, from anywhere, can become a member, for free. And as to a copyright: Just because something is uploaded on DeviantArt doesn't mean it has a copyright. There is no such thing as a blanket copyright. A copyright is applied for and given by. and only by, the federal government. And then of course, since DesktopNexus has international members, international copyright laws apply,as well. If the rules of DeviantArt make uploads the site's property, then the uploading artist has given away any rights they may have to the image and only the site's owner(s) have a claim to copyright infringement. So now, the question seems to be: If you're a DeviantArt artist, did you apply to the government for a copyright on each individual work of art your created and were they granted? If you did, and it was, then you have every right to file a DMCA Violation Report to DesktopNexus and have the image(s) removed. If you did and haven't received a specific copyright, to each and every image you have drawn, painted, designed graphically, or created in any other medium, you have no claim of copyright infringement!
I have been following this "war", the comments posted on DesktopNexus members profile and uploads, and all the forum posts, on this topic. The biggest confusion, I see, is the statements that somehow portray DeviantArt as something other than a public website. Anyone, from anywhere, can become a member, for free. And as to a copyright: Just because something is uploaded on DeviantArt doesn't mean it has a copyright. There is no such thing as a blanket copyright. A copyright is applied for and given by. and only by, the federal government. And then of course, since DesktopNexus has international members, international copyright laws apply,as well. If the rules of DeviantArt make uploads the site's property, then the uploading artist has given away any rights they may have to the image and only the site's owner(s) have a claim to copyright infringement. So now, the question seems to be: If you're a DeviantArt artist, did you apply to the government for a copyright on each individual work of art your created and were they granted? If you did, and it was, then you have every right to file a DMCA Violation Report to DesktopNexus and have the image(s) removed. If you did and haven't received a specific copyright, to each and every image you have drawn, painted, designed graphically, or created in any other medium, you have no claim of copyright infringement!
The easy answer to this question is that just about any creative work you might find should be considered to be copyrighted by default.
A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.
Also do not confuse the fact that a work is publicly available with the idea that it is public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status."
Avenger, you're wrong. Go to http://copyright.gov/, click "Copyright Basics" and scroll down a page. You'll see this.
"Who Can Claim Copyright? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright."
You no longer have to officially register to claim a copyright. It is your copyright the instant it is completed by you. (Of note, however, you can still register your work to get a copy placed in the government's copyright vault.) Also, on the right of that...
"The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party."
That's concerning international copyright. And there's information further down about international copyright as well.
Therefore, yes, there is a blanket copyright.
(On this subject, I had made a very large post explaining copyright and the policies on websites, and that thread was deleted, so all the information I had made before was wasted. )
Avenger, you're wrong. Go to http://copyright.gov/, click "Copyright Basics" and scroll down a page. You'll see this.
"Who Can Claim Copyright? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright."
You no longer have to officially register to claim a copyright. It is your copyright the instant it is completed by you. (Of note, however, you can still register your work to get a copy placed in the government's copyright vault.) Also, on the right of that...
"The work is first published in the United States or in a foreign nation that, on the date of first publication, is a treaty party."
That's concerning international copyright. And there's information further down about international copyright as well.
Therefore, yes, there is a blanket copyright.
(On this subject, I had made a very large post explaining copyright and the policies on websites, and that thread was deleted, so all the information I had made before was wasted. )
Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them. But the Internet is public domain, so isn't everything fair game? No. The copyright laws that apply to written material, photographs, and a myriad of other items apply on the Internet too. You cannot just take and use what ever you feel like.
------------------------------------------------------------------ now for arguments sake lets say i,ve been in a coma for twenty years and i wake up some one has a present for me a computer oh lovely i,ll search my documents ah a nice picture i know i,ll upload that on a wallpaper site. wow o wow all is great look at that..cool,. oh no along comes a artist who created it excuse thats my work you have uploaded. oh am so sorry i should of know it wasn,t mine i didn,t have any thing to do with creating it i just found it my documents it must have been downloaded by some one and left in my documents or i may of downloaded it years ago. have you reported thru the DMCA system we have in place on DN. yes i have. ok then they will get in touch or delete it but if i ask you if its ok to leave it because i didn,t know and maybe put a link on it to your web page or some thing like would it be ok for me to keep it.. ok that would be fine,.or maybe because thats a print and i sell it for profit i might lose out if every one did that so no sorry i couldn,t afford for that to happen. so sorry i can,t let you so sorry please delete it.but hey i have others you may use come along and look see what you like and maybe i,ll let you put some of them up with a link on them.. ok no worrys. job done. and the poor uplaoder didn,t have a clue.(or did they) but no blame done all happy and lets get F on with life...... ----------------------------------------------- once again download by all means but that doe,s not now or anytime give you the rights to upload it without permission whether its the owner,the site owner,or the creator,you need permission. ----------------------------------------------------- P.s Under the Berne copyright convention, which almost all major nations have signed, every creative work is copyrighted the moment it is fixed in tangible form. No notice is necessary, though it helps legal cases. No registration is necessary, though it's needed later to sue. The copyright lasts until 70 years after the author dies. Facts and ideas can't be copyrighted, only expressions of creative effort. here is a link so anyone can read up on it.? http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_...
@ ivoryshiki, feel free to post all of that information you had posted before if you would. The other thread was deleted because there was a whole lot of hate and absolutely no respect in a large part of it.
Under the Berne copyright convention, which almost all major nations have signed, every creative work is copyrighted the moment it is fixed in tangible form. No notice is necessary, though it helps legal cases.
The problem is that a digital image is not tangible. I am still trying to find more info on this particular topic... :/
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