If it continues..
My whole profile comments section will be full of SPAM hidden messages because some eastern (as it seems; and not only) companies.. Prolly employed some kids or launched spam bots to send spam all over DA recommending blogs of TV shows, fanclubs of those shows.. Sites promoting regional tourism..
And others totally useless sites because I even can't understand the language the sites content is written in

So I stopped clicking on the links after I received second or third comment like this. First I wanted to chech what it's about and I did. +1 click for them. Yay.

Ok then. That's all. Thanks DA for the 'report SPAM' button.
But personally I could use a profile button 'report SPAMMER'.
Yeah..

Do any of you have the same thing going on..?
Have you found out anything about that? If those are just employed people? Or bots?

EDIT>> Ok, I'm NOT a 'conspiracy theory' fan.. Or anything like this, especially when it comes to big companies. But I just thought.. Maybe actually DA is being paid by those companies to allow such activity?
You know..
Like ppl are paid by companies to write good things about some products on their blogs.. Where readers trust these authors as reliable ' publishers ' and have no idea that they are being simply paid for that.
Hm.. Gonna write DA staff. I'm too curious..




_{__'orphaned artworks' case [link]}

__'orphaned artworks' case [link]

After reading comments and doing some research:

__The original bill that is concerned below in sub text was shot down 2 years ago. Hasn't been even voted on.
From what I learnt from fellow deviants it was created by some 8 law students and some professor who had the general idea of making art a common property of people. Yay for you.

__A new legislation is worked on

__There is another project of a bill worked on ([link])

_chosing some info..

1.
Orphaned found artwork can be used after the willing person has done needed research on finding the author and holder of the copyright laws and failed. It can be used after the person states that they have searched but couldn't locate the author.

Which from one point of view is kinda logical when it comes to hm.. Dead authors, authors who don't post on the internet and are really impossible to find. Or authors of your grandgrandparents wedding photo.

Considering my work, from my point of view and what has been happening to me through the last few years
..
It happened many times to me that someone has been using my work found on the internet. Either for commercial or non-profit use.
Where the person reposting my image on (for example) photobucket erased my signature.
The ppl mentioned above found this work on photobucket and were explaining: 'We couldn't find the author, the signature wasn't there so we couldn't identify the creator. How can we know for sure that you are the real author now? Anyone could have traced the image and claim to be theirs'

Which is a strikingly smart explanation from their side. Really. Because they are right ANYONE could have traced it.. But where the hell is the 'good will' to find the author if they are shooting me down (although I can prove it) after my first try to contact them. Don't want to see the proofs and are assuming that I am lying although they haven't even seen the proofs?

They are more interested in still using the image then in me proving that I hold the copyrights. Because then they would have to stop using it.. And that's something they don't want.

In court every company that was using my 'found orphaned work' will state that they have searhed for the author but couldn't find. Which in most cases is bullshit but a good explanation to keep doing what they are doing.

They WILL HAVE TO PROVE that they have done this search by exactly explaining what means and ways they followed in order to find me.

If I prove that it was easy to find me and show how it works - they've failed.

If the 'good faith' thing applies the user of my artwork is still advised to for example pay me a compensate.


2.
In current copyright law, copyright protection exists "from the time the work is created in fixed form". What is worked on are the laws considering orphaned work and what orphaned work is. One of the important links: [link]

3.
Registering your work IS NOT obligatory (In Poland too, it can help though). No one is now focing you to do it as we all know.
Although previously such suggestions to the bill have been made - to oblige authors to register. They have been rejected.

4.
If someone uses your art for non commercial (no add) use and you tell them to take it down and prove that you are the author.. They SHOULD take it down. If they don't do it they can be charged for infringing copyrights.

5.
If you find your artwork used and inform that you are the author it is NO LONGER ORPHANED WORK.

6.
'ublic display of a work does not even constitute publication' - so if someone says 'You published it on the net, net is free, I can use your art as I want to' it's bullshit.

All the art thievies telling you 'So STOP publishing on the interet, then we will stop using your art and it will be safe!!' or 'So why are you publishing on the internet if you don't want anyone to use it??'.. Seem to be SOOOO far away from how things are in reality.

It's not you making a mistake by posting on the internet.
It's them making a mistake and infringing your rights by using your art you post.

7.
Unpublished works can be registered on bulk, as a collection for small money - if you want to register them of course. [link]
Showing art on the internet is NOT PUBLICATION so.. I could reister almost my WHOLE DA GALLERY THIS WAY. You too.
Apart from licensed and sold works because then you gave the rights to the company/client.

MORE INFORMATION, I was partially basing on: [link]

Also basing on this site: [link]

And: [link]


- so now it seems that we as artists showing our art on the internet can demand someone to take our art down when we contact this person/company and tell them that we are the authors. Kinda normal and obvious. They mostly don't do it anyway..

- It's not so easy to claim art found on the internet orphaned and use it in any way that someone wants to.

- People telling us 'You show art on the internet = I can use it for any purposes, it's free' are talking bullshit.

- Someone telling us 'I'm using it because it wasn't signed' desn't have the right to use it only because it wasn't signed and they found it on photobucket or other crap like this..
Because this piece HAS STILL GOT AN AUTHOR - even if we don't know who the author is. SOMEONE MUST HAVE CREATED IT. That's kinda what I've been always saying. THERE IS NO AUTHOR-LESS WORK.

- People and companies using our downloaded art for commercial use, little thieves re-posting our work without credits, re-doing it, claming it theirs.. Will prolly NOT READ all the journals, news, articles about this case and won't stop doing what they are doing
And if they will.. They won't give a shit about its legal, law aspects and start resecting them. So.. Kinda pointless cause our target-audience is prolly re-doing one of our pieces right now when I am writing this.

- The fact that someone (look above, the first thing I wrote) could have come up with a general idea to make all the art public, peoples property still shocks me. But from what I have learnt it's not the first and not the last time absurd things like this (and MORE absurd ones) have been presented in the US (and in other parts of the world too, some of ya know Polish ingenious law/bills projects lol)

- I am relieved and glad that I was wrong panicking about it because I prefer to admit that I panicked with all the other folks than learn.. That this whole thing was actually truth.

- Hopefully this whole thing and Mark Simon panicking more than I did lead to people being more interested in their own rights and the bill that is being worked on. Or will be worked and voted on soon (as from the info I got).

- This doesn't change the fact that.. Photobucket and other sites like this mostly don't take down our work even if we prove that we are the authors and they don't give a shit about helping us.
Moreover some of such sites enable people to order prints of our work those people repost there - by this those sites earn money by selling work - where the copyright owner is unknown and it's obvious that 99% of the images posted there don't come from the people posting but from some other authors.

That's kinda something that the government should work on in my opinion.
All kinds of such sites.

All above doesn't change the fact that other sites' staff mostly ignores our emails asking them to take down our art posted by someone else and it won't prolly change.

Yeah.. The ones who should be interested in all of this in order to stop using copyrighted materials wilol still keep doing what they are doing.. Congrats. Nothing changes.




US government reconsidering to force a law that will..

__ Force you to register every single artwork you create in a private copyright registry office (photos, paintings, 3d, everything that can be redistributed and handled) so you can keep your author's rights to your creation and be the only one using it with keeping ALL the rights.

__ This registration process IS NOT FOR FREE. You would have to PAY FOR EVERY SINGLE ARTWORK YOU REGISTER.

__If you don't, then EVERYONE IN THE WHOLE WIDE WORLD WILL HAVE THE RIGHT TO USE YOUR 'FOUND' ART - FOR COMMERCIAL USE, and non commercial use.

__It will become Orphaned work as soon as you display it in any way to an audience.
Mark Simon: 'An Orphaned Work is any creative work of art where the artist or copyright owner has released their copyright, whether on purpose, by passage of time, or by lack of proper registration. In the same way that an orphaned child loses the protection of his or her parents, your creative work can become an orphan for others to use without your permission.'

__People who wanna use your art WON'T HAVE TO ASK FOR YOUR PERMISSION even if they wanna earn money on your work. They can download it and sell it. Download it, trace it and sell it.


__If you won't be lucky to FIND YOUR STOLEN ARTWORK IN A CERTAIN AMOUNT OF TIME AND CLAIM YOUR RIGHTS TO IT THE THIEFS WILL HAVE 100% RIGHTS TO USE IT.

__YOU WON'T BE ABLE TO DO THE ABOVE IF YOUR WORK IS NOT REGISTERED. EVERY SINGLE PIECE..


It seems I'm lucky to be in Poland. We've got a lot of abstract, stupid laws here, ppl are assholes but artists are respected and THEY OWN ALL THE RIGHTS TO THEIR CREATIONS ONLY BECAUSE.. THEY'VE CREATED THEM. WHICH IS WHAT NORMAL COPYRIGHT LAW IS LIKE.

But what about a case when some US company steals my work and sells it in the US? IS my work and the whole case under the US law then? If yes, that will mean that MY ARTWORK CAN BE ALSO USED BY THEM BECAUSE THEY ARE UNDER US LAW, THEY ARE AN US COMPANY AND US CITIZENS.
Is that right..?

Is that HOW IT'S SUPPOSED TO BE??

Mark Simon's article about this case: [link]

ORPHAN WORKS RESOURCE PAGE FOR ARTISTS:
[link]

Interview with Brad Holland: [link]


Thanks for this stamp.

Spread the word fellow deviants!!

My dear *cough cough* colleague from my digart.pl staff crew dared to do this..



<sub>ATTENTION: NO CATS WERE HARMED.. THIS CAT IS ACTUALLY.. my imaginary dead cat which I'm wearing constantly on my head.. The all knowing cat (personal thing)..

Translation from the top left:
_This pink is not supported/available in CMYK color standard (my pink eyeshadow )
_Pink eyeshadow spray (works also against cats)
_Itching tattoo (what!!? It was healing dude.. D: )

Translation from the top right:
_Dead cat on teh head
_The cat is sad ;____; (prolly cuz it's dead??)
_Deviantart slot

Can..
_pig pink :></sub>