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Author Topic: Does copying "similar style" consider a form of copyright infringement?  (Read 10888 times)

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DavidBaker

    This user is banned.
« on: December 30, 2012, 01:03 »
0
If you adopt a illustration style that is quite similar to someone, example same hairstyle to the original one, but with different eyes and face features, does it consider a form of copyright infrigement????

I am adopting a disney style of drawing, and i am wondering if i am in copyright infringement?

I want to make sure if it is correct thing to do?


microstockphoto.co.uk

« Reply #1 on: December 30, 2012, 03:53 »
0
I wouldn't do it, especially with companies that are known to be picky about copyright.

E.g., as an experiment I applied a few simple edits to a banana using Corel PhotoPaint. It's a generic banana bought at a local supermarket, the photo is mine, no special plug-ins were used, and the resulting illustration is completely my own work, so it's probably not an infringement based on sites' rules. Nevertheless, I wouldn't dare to upload as stock, since I am afraid someone may disagree.

Note that some major stock sites tend to shut down your account in case of doubt, so it's better not to take the risk imo.
« Last Edit: December 30, 2012, 04:02 by microstockphoto.co.uk »

Reef

  • astonmars.com
« Reply #2 on: December 30, 2012, 04:10 »
0
I wouldn't do it, especially with companies that are known to be picky about copyright.

E.g., as an experiment I applied a few simple edits to a banana using Corel PhotoPaint. It's a generic banana bought at a local supermarket, the photo is mine, no special plug-ins were used, and the resulting illustration is completely my own work, so it's probably not an infringement based on sites' rules. Nevertheless, I wouldn't dare to upload as stock, since I am afraid someone may disagree.

Note that some major stock sites tend to shut down your account in case of doubt, so it's better not to take the risk imo.

LMAO

« Reply #3 on: December 30, 2012, 05:24 »
0
I do not understand the copyright infringement with the banana. Original work, based on an original photo.

As for copying Disney style, that would be very dangerous, as the Disney style is quite distinguishable and well known, as well as well established and all alikes would be copies.

« Reply #4 on: December 30, 2012, 06:01 »
0
Quote
I do not understand the copyright infringement with the banana. Original work, based on an original photo.


My assumption was it was too close to Andy Warhol's banana

http://www.fakechineserubberplant.com/2010/05/let-us-now-praise-pop-music/andy-warhol-banana-779459-2/

I had an illustration rejected as being too similar to a Matisse cutout at iStock, which was purely in the style of, with no actual elements similar, just the style, so the rejection would probably stand there.

Reef

  • astonmars.com
« Reply #5 on: December 30, 2012, 07:49 »
0
I thought microstockphoto.co.uk was joking.  iStockphoto often requires some form of proof when submitting an illustration such as this. For example, in my last vector upload I included a photo I took of a rusty bin because I had used it to create a vector grunge effect. I think the same principle would apply with the banana. Therefore, I see no harm as long as you make it clear you produced the work from a photo you took. If, by coincidence, the art work has been done before without your knowledge, then I imagine you would not be reprimanded. Andy Warhol himself copied lots of famous items! Otherwise, you will be walking on glass for the rest of your life.

« Reply #6 on: December 30, 2012, 08:06 »
0
It is my understanding that if you can produce the source material, which is your own copyright, you are OK.

However, if your illustration copies someone famous, I can see how you might get a rejection. So in the case of the OP, you might have problems with your style being close to Disneys. As for rejections, it will depend on the agency. I would say forget istock, as surely if they reject based on something looking like Matisse's, you can almost be certain a style similar to Disney's might not fly.

As far as copyright infringement, just remember, the bigger the company's style you are copying, the more attorneys and money they have to sue you, should they see it. Even if you do get it accepted somewhere. I guess the issue would be how close to Disney's style is it? That could be a subjective thing, and even if everyone here said you were good to go, Disney might not think so.

Maybe you can test the waters with a few. If they get rejected, you know you are on the wrong track.



« Reply #7 on: December 30, 2012, 08:41 »
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My guess if anything you upload looks remotely like a Disney character then you are in dangerous territory.

microstockphoto.co.uk

« Reply #8 on: December 30, 2012, 12:39 »
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No, I wasn't (just) joking with the banana example. It's a case where I am not sure if there's a copyright issue but the risk is simply too high. Should I sell it, I am just not sure if I will be sued by Warhol's foundation or Lou Reed or have my account(s) shut down, or all of them. And none of those is funny. The Disney issue is very similar. Being sued doesn't mean we are wrong and they are right. But they are more powerful, and will likely win with better lawyers.
« Last Edit: December 30, 2012, 15:41 by microstockphoto.co.uk »

« Reply #9 on: December 30, 2012, 14:42 »
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Interestingly I think Warhol complained that work he had done for The Velvet Underground was never paid for.

tab62

« Reply #10 on: December 30, 2012, 15:40 »
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How many post have we all seen- "My account has been terminated due to copying someone's work" !  Why mess with fire? Your good enough produce your own work- don't risk it because once your account is closed good luck trying to explain to them that you only used others work to make your image.

Tom

« Reply #11 on: December 30, 2012, 21:12 »
0
You can't copyright a style... as far as I know.

Imagine if everyone had to pay royalty for shooting a color photograph or making an HDR photo.... madness.

Ed

« Reply #12 on: December 30, 2012, 21:13 »
0
Yes, it's considered copyright infringement.  Disney will eat you alive in a copyright suit - they have a reputation for being aggressive with infringers.

Here's a related, recent article from Black Star Rising => http://rising.blackstar.com/when-your-idea-is-too-close-for-comfort-to-someone-elses.html

Find your own style.  It will take a few years.  Experiment, learn, grow.

« Reply #13 on: December 30, 2012, 23:42 »
+2
There seems to be a lot of paranoia in this thread. Unless you live in a bubble, your style is going to be influenced by other artists. It's pretty much impossible to create something that is a 100% unique style or look. That said, I wouldn't go out and be a copycat of one artist or style, but I don't think there is anything wrong with having similar qualities to or being influenced by your favorite artists.

DavidBaker

    This user is banned.
« Reply #14 on: December 30, 2012, 23:52 »
0
I am a former disney artist and i have been drawing this style for so many years. However, there are 2 distinctives disney style, the classic style(example snow white, mickey mouse) and the animated style (eg, jake and the neverland pirates). i believe the animated style would be more suitable for vector stuff, and i believe it is going to take some time for me to adapt to a new style.

« Reply #15 on: December 31, 2012, 04:34 »
0
Hello all,

What about a magazine tutorial or free "step by steps" on the internet? If you use the techniques described on these articles, could it cause you any problem or have the account terminated?

I guess a lot of people learn from these sources. But of course the techniques are created by someone. Although the articles are written to spread the knowledge, would people be allowed to used the same styles and sell the images?

« Reply #16 on: December 31, 2012, 05:20 »
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David baker.. Can the Disney style be described ? and would that description hold water in court?

ShadySue

« Reply #17 on: December 31, 2012, 07:39 »
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Hello all,

What about a magazine tutorial or free "step by steps" on the internet? If you use the techniques described on these articles, could it cause you any problem or have the account terminated?

I guess a lot of people learn from these sources. But of course the techniques are created by someone. Although the articles are written to spread the knowledge, would people be allowed to used the same styles and sell the images?

There was at least one thread on this very issue several months back, i.e. that one particular site had refused files created with the help of a freely available tutorial.
IMO, unless you have directly copied the files they used, or very similar, that's ridiculous, but there it was.

As I pointed out on that thread, just about everything I've learned has been in a PS book, magazine, tutorial or internet thread, or someone at the camera club. A few things I've learned by chance, but I bet they're all already documented somewhere out there.

« Reply #18 on: December 31, 2012, 08:56 »
+4
As far as copying goes, I don't do it intentionally. But I find it hard to believe that any idea I might have for an image, any stroke I put to paper, or any style I use to draw hasn't been done by someone, somewhere, at some time. I think that holds true for everyone.

« Reply #19 on: January 02, 2013, 11:15 »
0
Hi ShadySue and cclapper,

I think exactly like you. But of course now I'm a little worried with so many terminated accounts cases.

I know that, if you don't copy someone's else work there should be nothing to worry about. But I'm wodering if it's possible that a magazie or blog complain to a micrsostock and cause an unfair account suspension/termination.

I hope that this risk is low for those who create their own work.

Thanks

« Reply #20 on: January 02, 2013, 11:51 »
-1
Hi ShadySue and cclapper,

I think exactly like you. But of course now I'm a little worried with so many terminated accounts cases.

I know that, if you don't copy someone's else work there should be nothing to worry about. But I'm wodering if it's possible that a magazie or blog complain to a micrsostock and cause an unfair account suspension/termination.

I hope that this risk is low for those who create their own work.

Thanks

Tutorials are good to learn technique but creating similar image doesn't make sense to me even if it would be safe. When some interesting tutorial appears on internet - microstock sites are few days later flooded by more or less similar images so you won't make much money anyway.

Microbius

« Reply #21 on: January 02, 2013, 11:56 »
0
Never heard of an account teminated cos of similar styles. Only because of stolen work being reuploaded. If it is inadvertent the worst you should get is the image removed. I wouldn't get paranoid

« Reply #22 on: January 02, 2013, 13:25 »
0

I am adopting a disney style of drawing, and i am wondering if i am in copyright infringement?

I want to make sure if it is correct thing to do?

unless you are planning to sell disney's mickey mouse, snow white or bamby, you will be fine.. styles do not belong to anyone.. disney style is not %100 original, it is influenced by many other artworks that came before it..

so style could be similar, but what you create using that style MUST BE UNIQUE

Hello all,

What about a magazine tutorial or free "step by steps" on the internet? If you use the techniques described on these articles, could it cause you any problem or have the account terminated?

I guess a lot of people learn from these sources. But of course the techniques are created by someone. Although the articles are written to spread the knowledge, would people be allowed to used the same styles and sell the images?

similar to my answer above, techniques can not belong to anyone and can not be copyrighted.. but let's say you read a tutorial about drawing a bag, and using that tutorial, you drew that bag from the tutorial.. in that case oh god, you are in hot waters and if it's spotted, you are out..

You can't draw what is drawn in that article.. if the article is about drawing a dog.. you can't draw that dog.. that is copying.. you can draw a "unique" mouse (out of your own imagination, if it exists) using that technique, but not the dog.. I mean it's up to you, If you can't resist, do it, but once spotted, you will feel the heat..
« Last Edit: January 02, 2013, 13:34 by cidepix »

« Reply #23 on: January 03, 2013, 03:33 »
0
You can't draw what is drawn in that article.. if the article is about drawing a dog.. you can't draw that dog.. that is copying.. you can draw a "unique" mouse (out of your own imagination, if it exists) using that technique, but not the dog.. I mean it's up to you, If you can't resist, do it, but once spotted, you will feel the heat..

That's exactly how I think. Thak you all for the answers!

« Reply #24 on: January 02, 2017, 19:27 »
0
you said: "If you adopt a illustration style that is quite similar to someone, example same hairstyle to the original one, but with different eyes and face features, does it consider a form of copyright infrigement"

if your new work causes confusion (meaning people think it was done by the author you are copying) then it is infringing. if the average person understands that it was not done by the original author, it is not infringing.

only a court of law can determine if copyright infringement has occured.

Shelma1

« Reply #25 on: January 02, 2017, 19:48 »
+6
Why are you commenting on zillions of old threads?

« Reply #26 on: January 02, 2017, 19:56 »
+7
Please cut it out.  It's quite annoying.  This and the silly video thread makes me think you're just trolling us.

steheap

  • Author of best selling "Get Started in Stock"

« Reply #27 on: January 02, 2017, 19:59 »
+4
His range of expertise reminds me of a certain president elect...

« Reply #28 on: January 02, 2017, 20:50 »
+3
for god's sake can we please leave these old threads R.I.P.?

or use whatever intelligence you've been able to cobble together during your life and start something worthwhile

« Reply #29 on: January 05, 2017, 05:29 »
+1
you said: "If you adopt a illustration style that is quite similar to someone, example same hairstyle to the original one, but with different eyes and face features, does it consider a form of copyright infrigement"

if your new work causes confusion (meaning people think it was done by the author you are copying) then it is infringing. if the average person understands that it was not done by the original author, it is not infringing.

only a court of law can determine if copyright infringement has occured.

OLD THREAD!


Dayum everyone beat me too it.

P.S. The advice you give is really poor, check your facts don't waffle :D
« Last Edit: January 05, 2017, 05:31 by Sammy the Cat »


 

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