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Old August 15 2010, 08:11 PM   #17
DakotaSmith
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Re: Fairly Simple Photomanipulation

deg3D wrote: View Post
It's nice, but nope, ethically (and legally I might add (been there, done that in regard to my art trying to be hijacked), as all art is automatically protected under an artist's intellectual property rights), even if credited, you cannot ever use another artist's work without their express permission to do so. If permission is granted, it is then up to said artist if they would like credit to be given to them or not.

Otherwise, it's pirating and plagiarizing of another artist's work. No wiggle room, mind you: Case closed.
deg3D, the shuttle's yours, from one of your TOS.5 images.

I didn't have your permission to cut it out, remove all traces of the original context, flip it, rotate it, scale it to tiny, nor essentially make it utterly unrecognizable.

This being the case, do you insist that I remove the shuttle from the picture?

I can tell you that I had no malice aforethought. It was suggested that I insert a shuttlecraft, so I Googled for images. Yours came up, and happened to be the right angle to look like the shuttle was going away from the scene. The lighting was reasonable for the existing light angle, which was my primary concern.

Furthermore, intellectual property arguments aside, I'm curious how someone can be forced to stop using artwork that was publicly published on the Web?

Seriously, the bottom line is that when you publish something publicly to millions of individuals, there is absolutely no way to stop those individuals from re-using your art. It's simply a given of the medium that others may well do what I did.

I'm sorry, but it's true. No one can stop me from doing it, period. You might want to stop me, but you can't. The reality of what's called "intellectual property" completely falls apart when anyone can download anything from anywhere.

Furthermore, to argue that I shouldn't be allowed to do it is to argue in favor of a 100% police state. After all, 24x7x365 monitoring and enforcement is the only way to make sure I don't whip out the Gimp and start amusing myself late at night ...

The only way to keep people from not re-using your art, purely on a practical level, is quite simple: never, ever publish it. Don't let anyone ever see it. Who knows if they might, say, sketch it from memory -- thereby stealing your art?

Also, from the philosophical perspective, I'm unclear about something: aside from doing it digitally, how is what I've done here any different than making a collage?

Are you suggesting that students are stealing art whenever they do a collage for school?

Or is the objection that considerably more people will see my digital collage than might see it if I were a 4th-grader? Again, keeping in mind that I did it as a lark in my free time and am in no way charging anyone to see it.

Dakota Smith
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Last edited by DakotaSmith; August 16 2010 at 12:13 AM.
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