# Copywrite, anonymity, liability, etc.



## Nirvana (Jul 28, 2009)

So I've been drawing now for just about ... Ah ... My entire fecking life. I was drawing before I knew how to write, and I was writing at age two, so that should be quite awhile now.

I did do some art school but quit that pretty quick in favor of "real" college, which, if anyone is wondering, is considerably less fun. Despite this, I've never considered myself to be terribly great at art, and I've never bothered posting much of anything anywhere public ... Until now.

At least, I'm contemplating it. I haven't actually posted yet. And here are the concerns that have prevented me.

It's kind of a multifaceted wad of concern, actually. See, as much as I'd love to have my name associated with my artwork, if it's good, given the nature of my occupation I am a little bit hesitant to have that out there. To be a little bit vague, if I may, I'm in the animal-care business, and if someone Googles my full name looking for feedback on me as a vendor in that area, I'd be a bit nervous as to what they'd think if a link to "furry" websites came up. (I mean, _I_ know there's a difference between anthropomorphic animals and real ones, but ... You know the public's veiw on it.) 

Now, I know it'd be easy enough to use a pseudonym, and I know it wouldn't be at all difficult to maintain at least some anonymity. However, my next question is this: if I were to adopt a pseudonym or use a pen name, how do I retain copywrite over my work should some web pirate try and gank my stuff? Does anyone else on here deal with that issue?

I'm sure you all get asked this a lot, but the next thing I'm concerned about is: How much liability do I, as the artist, have if I post an "adult themed" drawing on a website such as this? I know if I mark the image as "mature," it cannot be veiwed by anyone who admits to being under the age of 18, but if little Johnny lies to the server and his mom catches him looking at furry porn in his bedroom and decides to sue somebody, what's the liklihood that I would be in the crosshairs? 

I mean, I know all porn sites have this problem, but let's face it -- I think a site like this tends to draw an awful lot of traffic from the under 18 crowd. 

... Sooo, I think those are all my whiny-ass concerns for now ... I mean, I guess I could just keep on NOT posting my artwork like I've been doing for however many years, but dammit, I'm starting to halfway almost like my own stuff, and I'd like to show it off to someone other than my fiancee and my mother.


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## Arshes Nei (Jul 28, 2009)

Well first it's Copy*right* as in a right to copy or reproduce.  If you're in the states, http://www.copyright.gov/ is the site you want to look at. The moment you create your work it belongs to you (unless that is...you're infringing on someone else's right). 

Now you can't sue unless you have a Registered copyright, but you can request people to remove works if they do not have your permission to post it. Remember, whether or not you have a registered  copyright and the lawyers to back it up may also affect this. Usually if you just right a Cease and Desist to the person who is in charge most sites comply and take down the material. Not all will play nice.

You can use a Pseudonym ...and you can even use it if you decide to get a registered copyright. Keep in mind Registered Copyright = Money (registration is NOT free).

However, I wouldn't worry about it, as if you're not too good at art, just keep working on art and learning about copyright. 

Likelyhood you get in trouble if a kid gets around the block is pretty much nil. It's more likely going to be brought upon the site owner more than the members.


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## Nirvana (Jul 29, 2009)

*Re: Copyright, anonymity, liability, etc.*

Thanks for the info. I do have one more question, and I suspect I know the answer based on the info on the site, but -- do you know if specific characters are covered under "automatic" copyright law? I suspect not, as the site says that "ideas" are not covered by copyright law, and I would think a character would fall under the category of "ideas;" however, I know there must be some level of protection as Disney will go after anyone who uses the likeness of their characters with the full extent of their legal arsenal ... I think that perhaps you have to get a trademark of the character's image in order for it to be legally binding, but characters aren't specified anywhere on either site that I could see ...

Well, I don't know how great or how lousy I am at art. That's kinda why I want to start posting; to get some others' opinions. Drawing your ass off and never showing anyone is all well and good, but I find that, with my writing anyway, I tend to improve much more when I show people and get critique on it. Otherwise I tend to become way too insular, and my art/writing just starts getting excessively weird and onanistic ...

BTW, I find this portion of the FAQ extremely amusing:

"*How do I protect my sighting of Elvis?*
Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting of Elvis. File your claim to copyright online by means of the electronic Copyright Office (eCO). Pay the fee online and attach a copy of your photo. Or, go to the Copyright Office website, fill in Form CO, print it, and mail it together with your photo and fee. For more information on registration a copyright, see SL-35. No one can lawfully use your photo of your sighting, although someone else may file his own photo of his sighting. Copyright law protects the original photograph, not the subject of the photograph."


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## Skunkworks (Aug 5, 2009)

A registered copyright does cost money, and will basically help to protect the image being copyrighted.  You cannot copyright a character, however; those must be trademarked, which is extremely expensive and probably not worth the hassle unless it's a mascot or logo for a legit business.

Also, if your copyrighted image gets reposted by an unauthorized group or individual, you must act quickly to have it removed from their site.  DMCA notices can help with this.  It's really a pain in the butt to try to cover all the bases and be on top of things like this, and usually isn't worth the time.  

I registered most of my artwork years ago with the Library of Congress (and it wasn't cheap, either!).  By the time I found out my stuff was being posted online, there was nothing I could do, as it was being posted on numerous boards and newsgroups, and I had no way of knowing where the theft originated from.

Just my advice, man.  If you decide to leagally register it, you'll have to police it to protect it.  You could just post edited, low resolution, or watermarked images instead, to deter theft.


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## onewingedweasel (Aug 5, 2009)

okay,  a pseudonym can also be your DBA  or doing business as name, if you register yourself as a business. if not, no problem and if you wanted to register for copyright they have a line to fill your pseudonym in.

i would imagine you would have NO liability in a minor seeing your artwork on this site. however FA would. on your own personal bought web space site i believe its your responsibility to put a warning page before any adult content.  at least.  this im not all too sure of but my best guess from what i know.

As for Characters, its iffy.  if the character exists in writing or in image its protected in the way if anyone reproduces it, its a derivative work. ideas are not protected but a pysical product is.  this is of course dependent on how unique the character is. a generic fox girl is not protected, however a foxgirl named bunny with a mohawk and specific tattoos and markings and personality thats part of a writen description is.  this is why fan art is illegal. its derivative  work of exsiting art or writing

disney characters are protected by trademark. it lasts longer. trademark only, i belive, can be on a character if that character is highly associated with a namebrand or business or product


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## Nirvana (Aug 5, 2009)

Thanks for the replies. Yes, I pretty much figured the trademark thing was the case -- I was looking at some of my comics and it says in the beginning, "XX character is trademarked XX productions," so I think if I want a character protected, I would need to trademark it. 

So, I probably won't be posting any pictures of characters any time soon ... That's no problem, though; most of the images I'm most proud of and most want to post depict creatures that aren't really characters in stories or anything. 

I see a lot of posts of images that say things like "XX image is copyright me, XX _character _is copyright YY" -- I think there are a lot of folks that don't realize that characters are not protected under copyright, only by purchasing a registered trademark.


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## Arshes Nei (Aug 5, 2009)

It's a combination of both, really. Also, (C) is not a copyright symbol. Just write copyright or get the actual symbol.


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## onewingedweasel (Aug 5, 2009)

heres a great article i think that explains it best. http://www.publaw.com/graphical.html
they also have an article on literary character protection as well. 
Www.bpmlegal.com/copyqa.HTML has great info too and cites a court case about character copyright


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