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Copyright and Your DeviantArt Submission

Here at DeviantArt we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all DeviantArt visitors and members.

The bottom line is: Just about anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone.

Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely on rumor or myth more often than the actual law which naturally confuses the matter even more.

In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright and to present clearly the DeviantArt policies and practices with regard to copyright. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney.

How do I get Copyright?

Under most national laws and international copyright treaties you receive a copyright automatically in any original work as you make it. Registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work.

What is Copyright Infringement?

To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

Some examples of copyright infringement (this is only a partial listing) can include:

Placing someone else's photograph or creative work online without proper permission.
Using a creative work commercially without permission.
Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
Modifying or editing a creative work without proper permission.

How Can I Avoid Infringing on Someone's Copyright?

The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before - recall that copyright does not protect ideas. When used in reference to copyright 'original' means that you created your work without referencing or deliberately copying anyone else's work during the process.

Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.

You can also obtain permission to use a copyrighted work by license. You can read more here and here.

What Sort of Things are Copyrighted?

The easy answer to this question is that just about any creative work that is less than 150 years old you might find should be considered copyrighted by default.

A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.

Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status.

There are many exceptions to the 150 year guideline, but you are best advised to obtain legal advice from an expert if you intend to rely on the possibility that a modern work is not copyrighted.

Some Cautions

In most cases it does not matter how much of the material you have used, whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be protected by copyright and you still require the owner's permission for use.
It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
Read licenses carefully to understand the type of permission they provide. For example, there are many versions of the Creative Commons - each giving different permissions.

What Happens When You Submit Infringing Works to DeviantArt?

Any copyright owner following the procedures in this Copyright Policy can require DeviantArt to remove his or her copyrighted content in use by a member of DeviantArt. When through the proper notice we become aware that a submission to DeviantArt infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'.

If you believe that a submission on DeviantArt infringes on your copyright you may either report the submission using our internal reporting system or send us a copyright notice via mail or email. A member of staff will review your notice and act accordingly.

If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice.

How To View Deactivated Deviantart Accounts

If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated. We consider three strikes as an indication of being a repeat infringer subject to ban. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.

The copyright owner may also decide to sue you directly if you infringe his or her copyright in posting content to DeviantArt.

What about 'Fair Use'<

How To View Deactivated Deviantart Accounts