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"Inspired" vs. Copying

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Post by Jody Rife Tue Feb 05, 2013 10:36 am

I agree Lady Jayde. I guess I never felt like this discussion was ill willed or there was any anger but simply just a discussion. That's what we do here we bring up topics and discuss them. We all have different opinions and those get shared. We are all learning as we go and I think it is an important topic to discuss and see all sides.

I have put a lot of thought into the inspired verses copied thing and I think if someone took the Tundra Beast in my Avatar and added a 4th nostril, painted it purple and said, that they completely made an original design, I would be offended. However, if someone did that and said they were adding a new twist to my design or said they were inspired by my design, that is totally fine with me. That's me though.

We discuss topics and share passionate views, I don't see how this is viscous? scratch
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Post by wmeventservices Tue Feb 05, 2013 11:32 am

I completely understand artists concern to not be copied and to be cited if they are. I will express one other side of it though for example... Linda Shrenck and I have very different styles and live thousands of miles from each other. She painted a Halloween mask, that I had not seen. I painted a mask in the same week that was almost exactly the same as hers. We hadn't talked about it, didn't even use the same google image as inspiration, but it does happen. It is important to give benefit of the doubt in some situations and realize that it isn't always intentional.
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Post by Lady Jayde Tue Feb 05, 2013 12:28 pm

Whitney I totally get that. Mark Reid told me a story about a green frog that he painted that somebody else had painted with eerie similarity...eerie because he hadn't posted it anywhere. There are only a few degrees of separation between truly creative minds which is probably why such things happen. I personally don't mind people being inspired by anything I've done and I don't need an honorable mention when they do. However, if I oneday come up with something original like Jody's Tundra beast and somebody decides to take the concept and just recolor it and add a few extraneous details, I'd be offended. Benefit of the doubt is easier to come by when we're talking about anamolies like what happened with you and Linda or Mark and that painter overseas, but it's harder when we're talking about a widely published work being duplicated and entered into a contest.
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Post by JennyNixe Tue Feb 05, 2013 12:51 pm

Lady Jayde,

You seem to have a rare talent of putting words in my mouth. It's not a question of right or wrong, it's a question of effective ways of dealing with a problem. I have never advocated ripping off someone else's design for competition. What I'm advocating is putting your big girl panties on and dealing directly with people instead of all this passive aggressive nonsense. That is what successful adults do. Unfortunately, you and others use this I'm-not-being-unwelcoming-but-I-really-don't-want-you-here and ganging up and ridiculous ideas like you need to "cite" every design you use. Tell me, every time you've posted a pic of Spider-Man, or Batman, or even that Lisa Frank unicorn everyone does, do you cite Todd MacFarlane? Or Lisa Frank? No, you don't. But by God, you're going to put those rules on new face painters -- anything to raise the barrier to entry.

See, I don't think these discussions educate or stimulate anyone on anything but the preferences of a vocal few. Sadly, that vocal few think the way to succeed is through social pressure and anti-competitive behavior. We all learned by copying, we all use the designs of others, but somehow that's now only acceptable with additional unrealistic procedures. We all learn better in classes, but somehow it's no longer acceptable to teach classes and "train the competition". Every book on running a small business tells you to set your own prices, but face painters are pushed to charge what everyone else is charging because "undercutting is unethical" (never mind that price fixing is illegal). If somebody is charging less than you, there must be a sinister reason why, and you speculate about it unabashedly. Even volunteering is suspect. These things do not help our industry. They don't help new painters become proficient painters. They don't foster innovation. They are the actions of people who don't choose to compete on merit. They don't choose to compete at all, just sabotage others. And that is, sadly, behavior that many women feel comfortable with.

In answer to your question, if you're competing in a competition against someone who's cheating (in any way), the correct thing to do is bring it to the attention of the judges. Gossiping and rounding up a posse to go talk to the teacher is juvenile and unproductive -- it takes way more time and energy than being direct. It's not either act like a 13 year old OR let it go. You have other choices.
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Post by TheGildedCat Tue Feb 05, 2013 12:53 pm

a face painting mom wrote:When it comes to posting a picture, or using a design in a contest or for profit or promotion of your own inspiration, that is very different. If you paint something to enter into a contest, or you put something out there to teach, or write a book, or make a video, you need to be original or cite your sources (just like writing a paper in college, you cannot copy someone without citation, or that is plagerism)

The issue for me is that these two things are tossed into the same generalized category of "copying" The kid in my chair does not need me to tell her that her mask was inspired by Marcela Murad, or that what I am painting is nearly exactly the same thing I saw her post on Facebook last week, but if I paint her design and take a picture of it, I should not publish it at my original work in a contest, sell myself as the creator of this design for my own promotion as a face paint design creator, or offer to teach a class on how to paint it. If I post a picture of it on my website to promote my skill as a painter for hire, that is fine. I list Marcela Murad as a painter who has been influential to me, and that is exactly what she is.

Agreed!
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Post by wmeventservices Tue Feb 05, 2013 12:55 pm

Well said Lady Jayde.
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Post by TheGildedCat Tue Feb 05, 2013 1:09 pm

Love this book, and relevant to this thread: Steal Like an Artist by Austin Kleon
http://www.amazon.com/Steal-Like-Artist-Things-Creative/dp/0761169253

Also from this book:
"Inspired" vs. Copying - Page 8 Steall10

“Our souls as well as our bodies are composed of individual elements which were all already present in the ranks of our ancestors. The “newness” in the individual psyche is an endlessly varied recombination of age-old components.”
—Carl Jung
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Post by TheGildedCat Tue Feb 05, 2013 1:28 pm

This is my personal understanding:

**Copy your heart out when you're learning - it's how we learn what looks awesome and what skills we have. Some of us are better at linework or better at blending, some better at one-stroke, some better at detailing and we'll naturally gravitate towards designs that flatter our talents.

**Use these creations you've painted from others on your beautiful subjects at events, PPF, your display board. Don't worry about credit here.

**If you want to post these images to facebook and you've pretty much copied line for line or blend for blend? Credit the artist. "Hey guys, look at this awesome Starblends mask I painted, isn't Denise Cold the best?"

**Start a social media dialog about your favorite painters when you're inspired. They'll love the hype and if they're selling their classes, it will help future painters get familiar with who out there is worth noticing.

**What if you can't remember who did it? Be honest and generous.
"Hey guys, check out this awesome yeti mask I just painted. I know I've seen it around, but I can't remember who originally created it. If you know, please let me know, too, I'd love to thank them!"

**If you take someone else's inspiration and run with it, shake it up, add your own twists, then it's okay not to credit the artist, but it sure is nice if you do.

**If you want to post images you've painted to your website for your own business, it's okay not to credit the artist, but it's sure nice if you do.

**If you want to enter a contest or make a step-by-step (SBS), don't use someone else's design without getting explicit permission, period.
I realize that above point is really hard to know if you're starting out. So the best thing to realize is that you probably will be copying someone else's desgn. So do your best and realize that we are all a mashup of inspiration.

**Be kind to each other. Put the energy out into the world that you'd like to receive. The golden rule is not dead.

It's hard not to feel affronted when you see your design being used for someone else's commercial gain. Not everyone has an awesome as a community to bounce ideas off of each other as FPF allows, so they may honestly not know that it wasn't an original masterpiece. Praise in public, and then maybe a gentle PM could let them know that gosh, you loved sharing your design with them. They'll either get it or they won't. If they don't, is it really worth giving them that power over you to make you feel badly?

**Be kind, and assume the best.


Last edited by TheGildedCat on Tue Feb 05, 2013 7:48 pm; edited 1 time in total
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Post by Pilareta Tue Feb 05, 2013 2:03 pm

Thank you, a face painting mom and the gilded cat! You exactly explained what I wasn't able to say with my limited English Smile I've painted tons of Mark Reid's tigers because I love them and mine were as similar to Mark's as my skills allowed me Rolling Eyes I didn't give him credit everytime I painted a tiger at a birthday party but I did it when I posted a pic on Facebook and I 'd have never thought of entering it in a contest.
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Post by JennyNixe Tue Feb 05, 2013 2:21 pm

GC, I think those are good guidelines. Just a couple of questions -- what if a design is copied from another form of media? Are we going to start crediting Disney and DC Comics?

And also, who is expected to follow them? I've seen some of the folks complaining loudest about this issue have no qualms about posting unattributed photos of copies of other people's work.
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Post by TheGildedCat Tue Feb 05, 2013 2:39 pm

JennyNixe wrote:GC, I think those are good guidelines. Just a couple of questions -- what if a design is copied from another form of media? Are we going to start crediting Disney and DC Comics?

Well, you can take any example to an extreme to try to prove that an original principle is irrelevant... Should you credit your presumed higher power if you paint a flower? My point is not that your question, Jenny, is extreme, but people tend to go down that road, so I'm nixing my future responses to any extremes by providing the phrase: use common sense.

The practical side of what you're asking has a definite legal answer:
You are NOT legally allowed to paint ANY marvel or disney characters or other copyrighted characters without paying those companies for the rights to use their designs. So, um, please ignore my "spider hero" on my board.

On a personal note, I do not credit marvel, mostly because I don't want to alert their spidey sense to my website where I may have used unlicensed characters. The honest answer is that if I copy Rebecca Anthony's rendition of a spider hero, I will credit her for the design. Does that make sense?

JennyNixe wrote:And also, who is expected to follow them? I've seen some of the folks complaining loudest about this issue have no qualms about posting unattributed photos of copies of other people's work.

Who cares who follows these guidelines? These are the guidelines I operate from, not anyone elses. If you like them, use them. If you don't, develop your own. That's not a snarky comeback, it's just that I don't want anyone to feel that I am enforcing or otherwise even encouraging them to follow any guideline other than to:
Be kind, and Engage the golden rule.
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Post by Lady Jayde Tue Feb 05, 2013 4:03 pm

JennyNixe wrote:Lady Jayde,

You seem to have a rare talent of putting words in my mouth. It's not a question of right or wrong, it's a question of effective ways of dealing with a problem. I have never advocated ripping off someone else's design for competition. What I'm advocating is putting your big girl panties on and dealing directly with people instead of all this passive aggressive nonsense. That is what successful adults do. Unfortunately, you and others use this I'm-not-being-unwelcoming-but-I-really-don't-want-you-here and ganging up and ridiculous ideas like you need to "cite" every design you use. Tell me, every time you've posted a pic of Spider-Man, or Batman, or even that Lisa Frank unicorn everyone does, do you cite Todd MacFarlane? Or Lisa Frank? No, you don't. But by God, you're going to put those rules on new face painters -- anything to raise the barrier to entry.

See, I don't think these discussions educate or stimulate anyone on anything but the preferences of a vocal few. Sadly, that vocal few think the way to succeed is through social pressure and anti-competitive behavior. We all learned by copying, we all use the designs of others, but somehow that's now only acceptable with additional unrealistic procedures. We all learn better in classes, but somehow it's no longer acceptable to teach classes and "train the competition". Every book on running a small business tells you to set your own prices, but face painters are pushed to charge what everyone else is charging because "undercutting is unethical" (never mind that price fixing is illegal). If somebody is charging less than you, there must be a sinister reason why, and you speculate about it unabashedly. Even volunteering is suspect. These things do not help our industry. They don't help new painters become proficient painters. They don't foster innovation. They are the actions of people who don't choose to compete on merit. They don't choose to compete at all, just sabotage others. And that is, sadly, behavior that many women feel comfortable with.

In answer to your question, if you're competing in a competition against someone who's cheating (in any way), the correct thing to do is bring it to the attention of the judges. Gossiping and rounding up a posse to go talk to the teacher is juvenile and unproductive -- it takes way more time and energy than being direct. It's not either act like a 13 year old OR let it go. You have other choices.

Use common sense...you've inspired me pretty kitty (Julie)
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Post by CottonKandyClown Tue Feb 05, 2013 4:25 pm

I don't know...this still leaves me thinking...

Are we clear that the robot caged Ursala was an inspired design or a copy? It's no where near a copy(maybe a copy of the idea).

I'm just trying to think about it a little more. I've seen a lot of the same body painting ideas like jungle themes with parrots/birds, football uniforms, etc.

Why can't we take an idea and make it our own? Clearly the robot looks different. The cage is different. The Ursala is different. Maybe the artist thought it was ok by using the same idea?
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Post by Lady Jayde Tue Feb 05, 2013 5:07 pm

I think that if she hadn't duplicated (and recolored) the 3 prime focus points of Alex's design, we wouldn't even be discussing this. At the end of the day, if you wanted to apply a very base description of the artwork in question, you'd come up with Caged Ursala being carried by a robot for both of them. Had she had another caged creature there'd be little discussion. If the cage were carried by a person or something other than a robot...no discussion needed. Had the cage been replaced by ... I don't know, humor me... a serving platter...again...no discussion becasue she took a concept that inspired her and made it truly her own. I"m sorry but the side by side similarities are blinding in this matter. If you were Alex Hansen would you be cowtowed by the hair splitting concept of changing up the colors to make a design your own?
I don't think you'd stop Disney/Marvel whoever from going after you for copyright infringement if you painted a spiderman that looks like their spidey only a different color or more realistic shading...
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Post by JennyNixe Tue Feb 05, 2013 5:17 pm

CottonKandyClown wrote:I don't know...this still leaves me thinking...

Are we clear that the robot caged Ursala was an inspired design or a copy? It's no where near a copy(maybe a copy of the idea).

I'm just trying to think about it a little more. I've seen a lot of the same body painting ideas like jungle themes with parrots/birds, football uniforms, etc.

This is a big part of what I'm trying to say. We are so bombarded with images these days, most of the things we do are derivative. It's silly to think anyone comes up with designs from whole cloth.
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Post by Valerie A Tue Feb 05, 2013 5:18 pm

For what it's worth, I saw someone outside Grauman's Chinese Theater in Hollywood twelve years ago in the same cage set up as these pictures...
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Post by JennyNixe Tue Feb 05, 2013 5:35 pm

Valerie A wrote:For what it's worth, I saw someone outside Grauman's Chinese Theater in Hollywood twelve years ago in the same cage set up as these pictures...

Well, clearly they stole from Alex Hansen and then went back in time to rip off his idea!
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Post by CottonKandyClown Tue Feb 05, 2013 7:05 pm

I don't think it's acopy. A copy is an actual copy even if it's Andy warhol doing different colors. This is not taking a mickey mouse and painting it blue.

This artist copied the idea and only the idea. Nothing looks the same from the original and the body painting actually looks better the second time around!

So if we see a body painting of a bear carrying a goldilocks head on a plate, we can't do the same idea? Being funny here, but since I came up with the idea....none of you can do it Razz Twisted Evil
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Post by TheGildedCat Tue Feb 05, 2013 7:34 pm

Maybe a bigger philosophical question here: what do we gain by assigning one artist "right" and the other artist "wrong?"
More specifically, what do you and I gain from doing this?

From the perspective of my ego, I know I would feel pretty butthurt if someone took a design I assumed to be original, copied it, and then they won a contest with it. Because I would feel butthurt, I wouldn't do this to someone else [insert golden rule here]. I also choose to use the phrase "butthurt" because it colloquially implies a level of perceived pain that isn't real.

I didn't lose a contest to my own design, I never even entered it in a contest! I didn't do anything with that design other than presumably posted it somewhere public. I also presumably, couldn't be bothered to copyright the design if I didn't want it used without permission.

I have no direct financial loss, and it would be pretty hard to argue an indirect financial loss, though, I suppose you could extend that argument to a general loss of attention to your art and thus a longer-term loss of business. I think that line of thought might be stretching things.

What did I lose? Pride? Is it necessarily a bad thing to lose pride? What happened to humility in art?

I am not Alex or any of the other people who worked on body paint in the left picture. I don't presume to know how he feels about it. I don't know what kind of business/financial loss he and the other artists incurred by the other artist creating their design. Did he enter the contest again, against his own design and lose to it?

If he did lose to his own design, I know that would feel rotten. However, if someone arguably executed your design better than you did/could, is that a bad thing?
Alex isn't here, he isn't arguing for himself, and so I'm not assigning ANY of these feelings to him, I am simply extrapolating what I would feel if I were in his shoes. I think it's interesting that we (me, included) are having a hard time with NOT assigning blame to one party, and casting one out as "wrong."

When a company values their creation, they copyright it, not so that they can feed their ego, but so that they can control the financial loss associated with other companies using that creation to make a profit. If profit isn't at stake here, then we're just battling egos in a...well....contest to see who can urinate highest on a wall and call it art.

All that, I don't want to discourage anyone from continuing the discussion, it's interesting, and I think there *is* value to exploring our belief systems, value judgements, etc. There isn't a right answer, the above is my personal argument, but it's not to be taken as your personal truth.

On that haughty note, I'm off to bodypaint tonight! Mardi-gras theme!
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Post by CottonKandyClown Tue Feb 05, 2013 8:47 pm

Julie I like how you think Smile No clapping smilie? It's boiled down to who can pee higher and make it look pretty Laughing
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Post by stormyart Tue Feb 05, 2013 9:24 pm

well said Very Happy

Shannon Fennell wrote:I have to say that I started out copying ... but, I did my usual of drawing the design onto a template, colouring it, then using that as my reference to paint so most of my very early work is more "inspired" than copied... although I admit to copying on occasion but don't generally publish those photos.

It is a learning process, always has been... doesn't matter if you are painting or performing an autopsy, your first attempts are copies of someone elses work. You follow diagrams, written instructions, photos, etc. We all have done it.

Where the problem is now, IMO, is that people don't understand that the artist who originated a work is the owner of it. I think the internet is responsible for this in that they have no concept of copyrights. Books have copyright notices in them, the internet doesn't, even though copyright DOES apply to all photos and works published on it. People think if it is there they can use it.

And then there is the little knowledge is a dangerous thing theory - they've heard of copyrights and get that if you are the photographer you own the photo, so they then interpret that as meaning if they take a photo they then own it and can copy what is in the photo.... without regard for the origin of the content.

Copying EXACTLY has always been a touchy subject for a lot of artists - I remember several years ago someone copied a fantastic Australian artist's cats and posted them to a Snaz contest... they were such close copies that she had to double check them herself and she was very upset by it. Those should never have been entered IMO... contests should be for original work, not exact copies of another artist's designs.

I've seen on a painter's webpage (from the UK) an EXACT,, right down to the number of dots, copy of another of the same artist's designs (alien three eyed dog) ... if you can copy that well why not at least paint it another colour?????

As someone who has a step-by-step book published I see copies of the designs from the book all over the place... but, that was the purpose of the book and I get a kick out of seeing how the designs look when painted by someone else. Technique and ability levels vary so they can look very different.

I've always thought that if a person was capable of painting exact copies of another person's work they should be capable of making changes to it before publishing it as their own.

And when you have copied it exactly you KNOW you did, and using it for promotion or entering it in contests is... well, pretty close to just stealing the photo in the first place.

I've got no issues with inspiration or similarities, but EXACT copying and using it publically is really nervy.

Personally, this is how I see it: If I have put out a step-by-step of something - knock yourselves out copying it right down to the number of flakes of glitter... those are images that I've put out there expressly for copying. I don't need acknowledgement or credit for the designs in any way.

If I've posted a photo on my website or blog or facebook, or on a forum... use them for inspiration by all means but I would be a little annoyed to see exact replicas being used for promotion, advertising or being entered in contests without being changed in some way.

Take what you like about them and do your own thing with them. No acknowledgement is required.

What has been published in instructional books, well... the books are copyrighted not the designs but paint it yourself and use the photos, not the book, to copy from! That will help get the images to be more Inspired by instead of just another copy.

And never, ever, use MY photos without my permission... I have on occasion given it, more often not, but it doesn't hurt to ask. And the face painting mafie is everywhere... you'd be surprised. I've has people contact me from other countries to let me know my photos were being used....!

As to local clientele and the public not knowing we copied a design... that's fine, as long as you painted the photo on display and are capable of doing it again ... I admit to some strongly inspired photos on my display, but they are my work and I can paint them without any hesitation on request.

And I personally feel that putting notes on the photo display giving credit to someone else is useless. The people looking at your display have no interest in that information... all they want is what they see painted on their face.

I too have saved photos of really really cool designs... and most I have no idea who painted. But, they are for inspiration only and reference if something comes up that they will be helpful for - as an example, a photo of an excellet Husky was really useful to me designing Wolves for a play - the placement of the mouth and nose helped me get the look right without me having to mess around with trial and error. And no, it wasn't a Wolfe design!

Have I rambled on enough? scratch

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Post by JennyNixe Tue Feb 05, 2013 9:35 pm

This may be a stupid question, because I am nowhere near entering one, but don't competitions have scores on originality/creativity? Wouldn't that take care of the whole "copying" issue? And if the judges weren't familiar with the "copied" material, wouldn't that be an argument for concurrent development?

I have a problem with the basic assumption that, if two people produce the same idea, it's the lesser known person who's copied from the better known one. Again, I think this is a protective, anti-innovation stance. Someone who's new to the field may have a fresh eye.
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Post by Lady Jayde Wed Feb 06, 2013 10:34 am

1. With thousands of body art pieces floating around, no judge could possibly know about every piece of artwork. That's usually why, when people are called to the carpet for artistic plagerism it's after the fact. Discovery sometimes takes time. The onus of ethical behavior rests primarily on the submitter but there's always someone who wants to play the odds.

2. The basic assumption is nothing of the sort. It's not the lesser known who is always in the wrong by any means. There are a LOT of designs that have been originated by lesser knowns (who sometimes then become better knowns). It's more a matter of who peed on the hydrant first. There have been several known painters who've been called to the carpet for snagging a design from a up and coming painter, the good ones concede the error in judgement, the not so good ones hide behind their noteriety and egos. For the record, I'm not talking about the extremes of design origination (like who conceptualized the overall design historically)...I'm staying within the realm of my knowledge base, that is, body art.
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Post by saloner Sat Feb 09, 2013 5:07 pm

Jenvan....I agree with you. coreographed dances are copied ALL the time, Artists' like Michael Angelo etc. Their works are all copied. I get so tired of people getting zinged out of control from someone copying their designs. I copy them all the time. There is no way I can ask permission and quiet frankly I don't think I would waste my time doing so. If all of this womans art work was TRULY copy writted ( which would be way too expensive)
Then that is something to argue about it then sort of becomes a legal issue....which would be way to expensive fighting it and it would most likely be thrown out of court.. As it has been said many times,.....if it is on the web it is fair game. Now, that being said, I think it shows lack of professionalism for people to copy and paste someone elses art work and put it on their board or their web site...I kind of laugh about that too because...I don't think many people would repeat gigs if they clearly saw that the "artist" cannot make the picture look the same on the childs face. We need to relax....most of the people that copy your work may be across the world...Kids don't know how many people use the same butterfly...we all do...just different colors. Life is so comlicated, why stress over tiny little things as this. Just enjoy making kids happy
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Post by Lady Jayde Sat Feb 09, 2013 6:52 pm

This is the last time I'm going to try to apply the missing context to this f
discussion and then I'm going to give up as others who have also attempted to do the same.

As laughable as it is to some, copying artwork and THEN USING IBVIOUS DUPLICATIONS OF SAID ARTWORK FOR CONTEST ENTRIES is a valid peeve of many in the industry. THAT is what the OP of this thread was referring to but for some reason the conversation keeps getting pushed back to the validity of copying posted works in our day to day painting. While I won't agree that things posted in the Internet are fair game (many unethical painters have used just that argument to justify printing off copies of posted work to put in their boards) I will say that any artwork on the Internet that isn't specifically copyrighted against duplication is fair game for artist re-interpretion. Those entries should only be entered for competition if the reinterpretation presents a SEVERE departure from the original works. This means more than recoloring, retexturing and/or reshaping.

The people who usually express nonchalant disregard for the complaints artists have about this matter are usually those who've not been affected by it. And for the record, the assumption that such cases would most likely be tossed out of court is not true, as recent as last year there were reports of judgements being awarded to slighted artists. Those judgements were against people who used unethical means to make money off the artistic prowess of others.

Secondly, I'm not tense and I'm insulted that whenever the discussion of stolen photos or existing works being entered into competition by someone who submitted a rendition of it comes to the board someone feels the need to tell veterans in this industry to relax. It's really no wonder so many have left FPF in recent years. Nobody has the right to tell someone that taking the protection of their intellectual property is silly or a waste of time. These artists share online to inspire or to market themselves for their businesses, that doesn't mean they should be treated with disrespect. To some its about more than making kids happy; it's about ones livelihood and in the case of body art, children don't even enter into the equation.

I have nothing else to say on this matter.
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