http://search.deviantart.com/?q=by:OpheliaJane&section=today deviantART RSS for by:OpheliaJane en-us Copyright 2009, deviantART.com Mon, 21 Dec 2009 00:33:20 PST deviantART.com http://blogs.law.harvard.edu/tech/rss http://s.deviantart.com/minish/widgets/apple-touch-icon-precomposed.png http://OpheliaJane.deviantart.com/journal/28236289/ http://OpheliaJane.deviantart.com/journal/28236289/ Mon, 09 Nov 2009 10:50:51 PST

]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/27392371/ http://OpheliaJane.deviantart.com/journal/27392371/ Thu, 24 Sep 2009 13:25:25 PDT
How much are they going to attempt to limit the sharing of ideas? You want to draw something... take a picture of it yourself. Make sure it has a date, send a copy to yourself in the mail so it has a post mark. Stuff the stock artists into a box and close the lid. Don't look at their stuff, don't use their stuff, don't even think of their stuff when creating your own artwork. Because you know what? They can sue you for copyright infringement if even one part of your art looks like it MIGHT have come from one of their pictures. You can't copyright an idea yet thank god because there aren't any new ones.

Oh and photographers? Stick with nature photos you'll be safer. Don't take pictures of cities, buildings, signs, public art works or anything else and try to sell it. Careful of catching some ones face on film. They own their likeness you know. You're in danger of going to court for copyright infringement. This is not to say that you'll lose but you'll be there a while. Some one's going to get money and it won't be you unless you counter sue in which case the lawyers and courts just get more of your money.

GODS DAMN IT I HATE PRECEDENT SETTING IDIOTS WHO GO TO COURT OVER STUPID SHIT HOPING TO MAKE A BUCK!

The Patry Copyright Blog: Photography and Derivative Works

"The concept of what constitutes a derivative work seems to elude far too many courts, particularly in the photography context. In Ets-Hokin v. Skky Spirits, Inc., 225 F.3d 1068 (9th Cir. 2000), a photograph of a vodka bottle was taken for use in an advertisement. The district court had held that the bottle depicted in the photograph was a “reexisting work,” and thus the photograph was “based on” that work and was therefore a derivative work. Rather than dismiss this shockingly wrong conclusion on the basis of the plain words of the statute, the court of appeals went off on an irrelevant inquiry: Whether the object depicted in the photograph (the vodka bottle) was copyrightable. According to the court of appeals, if it was, the photograph was a derivative work; if not, the photograph was not a derivative work. In order to determine whether the bottle photographed was copyrightable, the court examined it as the design of a useful article, ultimately rejecting protection for the bottle and therefore upholding copyright in the photograph as a nonderivative work." (Exerp [link] )

Now that being said... not everyone is like this. Not every person you meet is going to stab you in the back and steal your wallet but in this case it might be better if you just assume they will. Because people like this guy will ruin it for the rest of us. You know why? Because judges are ruling on matters they have no understanding of. Most of them aren't artists who know what kind of work goes into a single piece of art. They don't know or really care or believe (in alot of cases) that it took you 20 hours to draw that depiction of downtown. All they see is that Mr Sculptor made that monument and you didn't have the right to draw it or photograph it without his permission, or Ms John Q didn't want you to draw her picture so you shouldn't be allowed to use it. Where do we draw the line? Public is public for a reason. You have no understanding of privacy when you leave your house or your car. How many times a day is your image captured by video cameras, surveillance cameras, the background of some one's photo.

I don't know. There are no clear lines here. We can argue about it all day. Both sides and we'd most of us be right. The basic fact of the matter is that there are no new ideas. The same damn movie is made 10 times every year and we don't hear some one screaming you ripped off so and so because it's a movie model. There are feminine poses that have been used for centuries and will continue to be used. There are male poses that are the same. There are stock photographers on here that I trust and will use their photos for references because they feel the same way I do. They keep their art separate from what they share with the rest of us. (See my thanks to our Stock Artists [link] for a few of these.) Not to demean it in anyway but like a yard sale or donating to Good Will. They don't want it or if they did they're done with it now and are passing it on. If you want money or credit or glory for your services go sell the stock... ]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/26178278/ http://OpheliaJane.deviantart.com/journal/26178278/ Sat, 25 Jul 2009 20:24:09 PDT
Many of my watchers know that my husband was in Iraq and guess what?! HE'S HOME! 15 months really is to long. I'm ecstatic! I hope everyone else is as happy as I am

Love hugs and luck to everyone

]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/19917165/ http://OpheliaJane.deviantart.com/journal/19917165/ Tue, 12 Aug 2008 13:53:49 PDT With the up coming 2008 Olympics set in China there have been questions as to the wisdom of that action. While I believe that having the Olympics in their country will be wonderful for the Chinese people there are those who do not feel the same way. But as I look around dA I see that there are those who are inspired by this development and are creating works of art that reflect visions of Asia. Though some are not knowledgeable of the differences between Chinese, Korean, Japanese cultures(and their subsets)it is a wonderful site to behold.
Our world has become more interconnected than ever before due to the internet. Trends that would otherwise be invisible to the casual observer are apparent on sites like this one. The majority of people want to feel connected to others regardless of race, background, or geographical location. Just as not everyone is one color or raised the same way no country is made up of one kind of person. Here, we are artists, poets, writers, hobbyists, crafters, tailors, sculptures. Not Asian, American, African, Australian, European, etc. We are simply people who love what we do and want to share it.
So. I'd like to ask any one who reads this, if you agree, to create something that reflects, if not Asia or China in particular, the unity of peoples signified by the Olympics. The world coming together to celebrate each of it's peoples' talents and strengths. Let's all show our talents and strengths to each other and anyone who cares to look. I for one would like to see them all. This is not a contest only something I think will have meaning. I'll and collect any pieces sent to me into a special folder. The Olympics end the 24th of August. Let's see how many we can before then.

]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/19705318/ http://OpheliaJane.deviantart.com/journal/19705318/ Thu, 31 Jul 2008 18:16:53 PDT
"Why didn't you use so and so's stock it's much prettier." or
"This was a great pose why not this one?" etc... you get the picture. Anyway...

If the rules of the stock holder do not allow me to use the art work I create in ANY way I so choose AFTER I've made the art then I won't use it. If I could afford to pay for stock images I'd go to a paid stock site. I see no point in creating art ONLY for use on DA. I especially don't see a point in making art work not only that can't be used outside DA but that I can't make prints of in the future if I'd like to. The picture is theirs and their rules are their prerogative but the ART is mine. That's why I'm so grateful to the stock providers listed in my previous journal. They facilitate the creation of art work with very reasonable rules (I think) for their images. They don't have to do that but I'm so glad that they do.


I'll happily show you what I did with your image. I'll happily follow any rules that pertain to content. Such as non-racial, non-violent, non-sexual, etc. Because like as not that is a picture of them and I can imagine that they might not want to see them selves in such a way. So... not a problem. I won't just change the resolution, colors, etc and call it art cuz that's just stupid. Credit you? Sure. You took the image. You did that part of the work for me... fantastic. If you want to get paid for it? Like I said I'm broke... I can't afford that. Want me to pay for a print? Sorry again... I'm broke. Want a copy of the original file of the art work? Forget it. Not happening. No commercial use? Nuh uh... I might want to sell my work some day... maybe not now... maybe not ever... but I MIGHT.

If you're a photographer who wants to make money off of your images as stock or as art I'm cool with that. I'm not angry about it. I don't think you should do it for free if you don't want to. But I won't use it because I can't afford it. If you don't want to see it off DA for any reason then I won't use it either.

I've never had some one tell me they didn't like something so I don't know what I'd do there...

This isn't a rant... it's just information. Like I said I've been asked the question alot. "Why not this one?" That's why. Hugs and love to all. TTFN

]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/17279333/ http://OpheliaJane.deviantart.com/journal/17279333/ Mon, 10 Mar 2008 22:06:51 PDT I would like to take a moment to thank the following stock photographers for their beautiful work and for their Terms of Use. I really appreciate this assistance to those of us who cannot afford to pay models to help with the composition of our art work whether it is traditional or digital. Thank you all so very much. Please let them know you appreciate what they do and follow their very fair Terms of Use when using their stock.
















]]> ~OpheliaJane http://OpheliaJane.deviantart.com/journal/16232893/ http://OpheliaJane.deviantart.com/journal/16232893/ Wed, 02 Jan 2008 23:43:38 PST
These are not stock photos. The people that so kindly provided the resources for these works are all on dA and there are links on each one. Please read their rules and follow them, use the resources provided to make your own creations.

I hope you like what you see and please feel free to leave comments... I like to have feed back on my work even if it is just for fun. Please, keep all criticism constructive, however. While I value sound, well meaning advise I do not appreciate nasty remarks. If you don't like something either tell me why in a constructive way or please don't say anything at all.

Anyway... I'd like to thank the people who are already watching me for leaving their comments and making me feel like my hobby is at least a constructive one! *hugs all around*

(BUUUUUURRRRRRR!!! IT'S D*M* COLD IN HERE!!!!)

]]> ~OpheliaJane