Hey Razuel!
I'll read your post again
after I had breakfast >-> And then I'll respond.
Take care in the meantime, and hope you get enough sleep now that you're not doing too well
Post Merge: September 16, 2016, 09:58:18 AM
Alright, let me take a good look at this, see if I can provide any help, Razuel.
First off, good luck on tackling your fever. Shame to hear this happened straight after you left school too.
I have seen (and checked again) that if you upload artwork that has been made by someone else, you clearly credit them. That's very kind and good of you. So no plagiarism there. You don't say you made those pieces yourself. And it's also of your characters, so reuploading works is completely fine as well (with proper credit, which you do).
As for the Monster Hunter type artwork, you clearly mention who's character it is, and where the style came from. So that's also not plagiarism, not is it exactly fan art (which some people might consider plagiarism even though it's not). The only fan art thing about it is the style. While Monster Hunter uses this particular style, it has been used before and after Monster Hunter in other forms of artwork. (I go into detail about the tracing later on.)
Any artwork I see on your profile has a right to be there and does not count for plagiarism (exception could be the Monster Hunter icons, but once again, I'll go into detail about that later on). It's of either your character, or it's artwork you made for others.
My first question would be: Did they give any 'proof' that anything was plagiarised? Links to other pieces which were exactly similar?
Anywho, their demands were this:
1. Stop tracing your icons
2. Stop selling them
3. Do your icons by free hand
;If I didn't follow their demands, they were going to try and take down my page on Furaffinity.
To respond precisely to their 'demands':
1) Tracing isn't plagiarising. Plus, -once again- any proof anything was traced and their exact 'original source'? (Edit: I later speak about this in more detail.)
2) I can't see your selling specific artwork, but that you make custom icons for people who would commission you (correct me if I'm wrong though), that aside, they can't demand you stop selling artwork, traced or not. Selling is not an illegal activity. Selling exact replicas of artworks, yes.
3) Nonsense demand, once again, tracing is fine (if that is what is going on). As long as the piece in question is of an artist who says it's fine to trace things. Many artist are out there who say it's totally fine.
I don't know exactly how you responded to them, but they are being stupid. If I may be so blunt. I have a high suspicion they don't even have evidence to back up their claims (with regards to artwork of your own character and the like). Making an instantaneous threat is also extremely... tacky. For a lack of better wording. It isn't wise to deal with these types of people and go into discussion with them. And you say you already apologised to them, so basically saying they were right, and you are plagiarising.
If I would come across such a list of demands, someone telling me I'm plagiarising, I wouldn't spend much time on it, especially not three hours. Those types of people only see and hear what they want to believe in most cases.
I mean, honestly, you spent three hours talking with them? Not only it's a waste of time, but also energy. You could have spent that time in something more useful, like resting from your fever >3<
Do NOT listen to their demands on lowering the prices. It is up to you how much you sell your commissions for. Your customers decide if the price is good for them to pay. Not some smart-arse person posting demands and basically holding you hostage.
Some of you will tell me to take a break from the icons and try and sell something else, well, I unfortunately can't as to experiment would take up the time needed for school work, and I just can't do that.
Of course experimenting will take time, but you can't use no time as an excuse not to do it. Well, you can, but it's not a good excuse. You have time to do the other icons, perhaps you can fit in experimenting with other things in there from time to time. It's just one example, but I'm sure somewhere you have some time to mess around with, even if it's just 5 or 10 minutes once a day. Shuffle around with your schedule in your free time, there is always time to spend on these things if you really want to.
I'm contemplating on reprint them to artists beware due to the fact that they're not a representative of Capcom nor Nintendo, but as far as copright laws go, I think what I do is fine, I give proper reference to the creators, and don't use the same colours originally used on the original icons and, I make them unique, adding shading and unique aspects of the character used to keep them as original as possible.
Whether they represent Nintendo/Capcom does not matter. They can report you for stealing artwork from the original creators, they don't need to be from the artists/companies necessarily to do so and it is in their right to report any possible fraudulent activity, and the staff will have to look into it. But I'll go into that a bit later.
So how I read, you do exactly trace the designs? In that case...
I don't know how Capcom or Nintendo is personally with regards to their artwork being traced of Monster Hunter, and it's hard for me to find specific information on this too. Big companies, especially Nintendo as far as I know, aren't keen on people copying stuff from them (in any shape or form, even if you wouldn't make money off of it). Even if it's such a thing as tracing. This is where it comes in of what I said where some artists would be fine with tracing, but if the artist is considered Nintendo/Capcom... I would not want to cross that bridge. I would not even dare to think of it, knowing what they have done to some people. A couple of people who used to draw Pokémon free and commissioned, have been sued, or had to pay a fine.
Safest thing to do?
Learn to draw your own artwork. You can base the style off Monster Hunter, but do not trace it. You can keep the artwork you currently have on there, though, I think. But do not sell commissions based off the tracing of already existing Monster Hunter designs. Tracing is usually fine with artists (with the exception of large companies) if no money is made off of it.
Why learn to draw your own artwork and not trace?
1. It's a lot safer.
2. You'll start to develop more your own style, this is what people who commission you would like to see; your own style.
3. You also show a lot more effort rather than just 'colouring a picture in', which is another thing people like about artwork.
Even though this person who messaged you on FA was rather... rude and demanding, and honestly threatening you too, which is not the way to go either, but they have a point if you break it all down. If anything, see it as helping and not as them looking over your shoulder.
Do what you do because you want to, but keep in mind that Nintendo/Capcom
can come around the corner if you decide to sell traced artwork and especially traced commissions, and they might not like what they see. (And it would not matter if you sell the commissions for cheaper/free or not.)
Summarised: If they are right, and you would be selling artwork made by someone else (or recolour/trace artwork), then fine. However, judging by your gallery on FA, knowing the rules and stuff, I honestly don't see you broke any rules or were planning to break any rules with regards to your own characters and artwork made by other artists of your characters, etc.
That aside, the tracing of artwork from Nintendo/Capcom is a dangerous slope. These companies have been known to go after people who make similar games, copy artwork, etc.
Tracing is allowed, as long as the original artist of the artworks in question gave permission. In the case of the Monster Hunter icons... I doubt they gave permission or would give permission.
If the user who sent you a PM were to report you, then you would still have a chance to dispute your case to the FA team, they consist of a group pf moderators (like here on TFF ;D). I don't think they would outright take your account down, considering you also have original artwork on there and the like.
If you're really worried and would like more input, I would simply report it to the staff over there and explain the situation. See what they have to say. You can state that the person who messaged you has made you feel extremely uncomfortable and are worried for what could happen, that you'd like some input from the staff. That way, even if they don't think action is required, they are aware of the situation, and you would have some ground to stand on, in case this other user does intend to throw a fit (so to speak) and report you. Also save the note/PM/message/email you would send somewhere else, write the time and date on it when you sent it in. To easier find it again should the situation bubble back up in whatever shape or form.
All in all: Learn to draw your own artwork, by free hand. It's safer and in the end more rewarding.
