https://www.wincustomize.com/library/accounts/Jafo/screenshots/Rip-Manip.jpg

Firstly, people...click on this link, and keep it open to one side....just to remind you of a clear example of what it's all about.
[Don't bother leaving comments on it.......I'm really not interested in trolling for them, and this upload is for 'reference' only, and not a legitimate 'Submission']


The problem that we, as on-line artists face is the ready availability of extensive sources of media for quick download from all over the world via this creature called the 'Internet', and the question of what implications all of this has on our own copyright protection.


Any minute now, into a legalese discussion of International Property Law, the audience will turn off in droves..."this ain't for me", etc....

So.

I'll look at this from a 'real-world' aspect.
And, I'll use myself as an example.

My favourite all-time movie is 'A Clockwork Orange' [rights were controlled by Kubrick, and original book was by Anthony Burgess].
I first saw it back in 1972...in my First year studying Architecture.

25 years later, or so, I downloaded some images from the net.....the one I liked particularly was that one of Alex holding up a glass of 'milk' and giving a devious, 'evil' smirk.
I made a wall from that.
Put it on my computer....looked good...I was proud of my efforts.
The image I used was still owned by Kubrick...[he was still alive then].
I never uploaded it.
Why?
It wasn't mine...it was Kubrick's. [He held full viewing rights up until his death].
If I had uploaded it, no matter how much work I had put into 'manipulating' it, I would have been GUILTY of 'distributing Kubrick's Images without his permission'.

You see, when you upload an image, a poem, a skin, anything, onto a web-site that others can access you are involved in 'Distribution', 'Reproduction' or 'Copy', and these functions are not included in the concept of 'personal use' as they are actually 'public broadcasting', and not 'private' at all.

Now...
This image in my link, that you have open there on your desktop...
I downloaded the version on the left from Skinz [I think it was].
That was 'personal use'
I manipulated it....that, too was 'personal use'.

Now, assume I upload it and say "look guys, 'my' photomanipulation skills are 1337....leave comments".
Now people think that the 'uploading' is still 'personal use'....and it is, except that it subsequently allows for 'non-personal use', as the entire world population now has direct access to something that is 'not ALL mine, but is only 'partly' mine.'

You see, the crime is not the act of manipulating or altering another's work, the crime is in its distribution.
That is what 'copyright' is ALL about....

THE RIGHTS OF COPY....and who has them.

Now, I agree that it is 'unfortunate' that many, if not most of the fan-wall artworks, and similar submissions are, in fact, unlawfully being distributed via many diverse sites....

It is sad that all a fan wants to do is share his/her appreciation with others, but is legally stymied...

What 'can' be done to both conform to copyright rules, AND allow fan-art to be distributed and appreciated by others?

Are these mutually-exclusive ideals?

Maybe not.

Here's some thoughts....

1. All photographs and/or graphics 'borrowed' or included in a submission MUST include clear indications of Original Artist's origins.
[if you used it, say where it came from]

2. Get permissions from at least the source of your download...
[if their rights of ownership are dubious, perhaps you can at least argue that it's now their responsibility to 'get legal', not yours]
This won't really keep it legal, but it's worth a try...

3. If all you desire in your upload is feedback from fellow artists, and your intention is not to have squillions of people downloading and using your skin, then do something similar to what I have done on that link you have open ...
Obstruct and deny its clear use...."Evaluation Copy for Comment Only".
This is in essence how Desktop Screenshots can avoid the copyright issue in that a wall used, for example, would [should] be partly obstructed by proggies being open, etc, so what remains visible of the wall is 'unusable'.

I do not deny that skills are involved in the creation of fan-wall art....manipulation of photographs is extremely popular, and is utilized in many spheres of graphic art, and these artists deserve to be able to show-off their work, just as 'original painters' do.

Bottom line...

'IF' you are an artist/skinner, then you have rights.
'IF' you are a respectful artist/skinner, then you will respect these artist's rights.
Artist's rights are otherwise known as 'Copyright'.

It is safe to say that if you do not respect the rights of the artist then YOU will not be respected by them.

The loss of public respect can be a very lonely place to find yourself.


[Now you can close that link...it's not even a good manip, anyway]..