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`mirrorkills

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Its not a problem if no one recognises it

Journal Entry: Sat May 17, 2008, 7:58 AM


Days long ago a violation was a violation was a violation. No matter how great the work was (and some of it was fantastic) if it contained copyrighted material or any sort of violation it had to go....

Times are a changing it seems...



This piece; i fav'd a while back.. even featured in my journal... I visited his blog earlier; and he has a video up showing how it made it. Awesome i though.. Think she looks a bit like Angelina Jolie? Not surprising; that's who he used to create it. Not just based it off of her; actually uses her images in its creation.. Aswell as Allison Hanigan and McDreamy's ex wife from Greys Anatomy.. I head back to the piece and press the report deviation button... I am then greeted with..

First Report: Fri Apr 25 2008 21:55
Case Closed: Sat Apr 26 2008 05:58
Status: Invalid
Comment: A member of staff found the submission to be a transformative work and no need for action upon review of this deviation.

Come again? It uses copyrighted material.. no ifs and or buts about it...

so i shoot a note off to the powers that be with a link to [link]

Only to be told; its allowable, because the source material have been so severely manipulated that they are unrecognizable in the final work...

Yea since when has this been ok?

Im not discrediting the work the person put into it.. Watch the video you'll see how much has gone into it..

No matter the artistic merit; its never been ok to violate policy..

it's kind of even more disheartening..




73 Comments

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`zacthetoad:iconzacthetoad: May 17, 2008, 8:22:47 AM
Yeah, this is the kind of bullshit I'm sick of.

I reported a stamp that was a direct rip of The Simpsons, about 30 seconds worth of video but because it was "a smaller scale" it didn't matter... apparently.

:no:

--
Zac
Emoticonist

Pigs Don't Fly | I Don't Speak German
$realitysquared:iconrealitysquared: May 17, 2008, 8:26:17 AM
One of the determining factors of fair use is the purpose and character of the intended use, the test here is to see whether the subsequent work merely serves as a substitute for the original or "instead adds something new, with a further purpose or different character, altering the first with new expression, meaning or message.....Such works thus lie at the heart of the fair use doctrine's guarantee of a breathing space within the confines of copyright." (Campbell v. Acuff-Rose Music inc)

In this case the original source material has been rendered completely unrecognizable and is a perfect example of a work which qualifies under the definition of transformative.

The Supreme Court

--
Daniel (realitysquared)
Copyright & Etiquette Administration Manager,
Community Operations Division,
deviantART Inc.
~DeLaV:iconDeLaV: May 17, 2008, 8:30:36 AM
that really is awful, I mean, the picture IS great, but a copyright violation...
Following their argument, I could use every single photo out there, warp it "severely" (whatever the definition for severe in this case is...) and build photo manips from it. I'd never have to use royalty stock pics for that again...

kinda... poor.

--
Tata, M.

maltealexander.com
`zacthetoad:iconzacthetoad: May 17, 2008, 8:38:30 AM
Surely if I can recognise it as Angelina Jolie then it hasn't been "rendered completely unrecognisable"?

--
Zac
Emoticonist

Pigs Don't Fly | I Don't Speak German
`mirrorkills:iconmirrorkills: May 17, 2008, 8:47:17 AM
[link]

Second Anonymous recognizes it aswell.. " It's kind of freaky how much Jessica Rabbit looks like a young Angelina Jolie. "

--
go to hell... in style
[`mirrorkills]
~LightBombMike:iconLightBombMike: May 17, 2008, 9:10:55 AM
Man, it is impossible to get away from people that are feeling more and more like things are being handled poorly here.

It just makes me realize that this place truly isn't meant for artists, but more for a business/friendship community. Good on you for trying to make the rules mean something.

--
sketchtavern.com - We keep ya toasty!
[link]
Mood: Disbelief ~giga22:icongiga22: May 17, 2008, 11:16:49 AM
yeah, like they will give one person shit for it and then someone else, well... they wont get anything for it, just let off... know what i mean???

alot of thats happening these days and its only gonna get worse...

see ya

--
what is your blood worth if it is not to be spilt...
`mirrorkills:iconmirrorkills: May 17, 2008, 5:51:33 PM
"It's not at all obvious; the only reason you claim it is is that you've only recently viewed his work-in-progress video."

Thats the latest note ive received.

--
go to hell... in style
[`mirrorkills]
`mirrorkills:iconmirrorkills: May 17, 2008, 6:56:46 PM
Its just something to add to the long list that makes me not even want to stick around here at all.

even worse those responsible for the policy wont do anything about it; yet your social commentary with the inflation piece was removed. :|

meh i say

--
go to hell... in style
[`mirrorkills]
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