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HatchlingByHeart

Just a reminder.

Please do not reupload my art anywhere without permission. Content does not matter, this applies to all of my content, be it my original characters or characters belonging to other copyright holders, be it clean or adult, or be it good art or crappy art.

I recently had to flag several youtube videos (by the same uploader) for showing a Sleep Farting Draggyn Animation I uploaded here, completely unaltered and used without credit, there was no review, no criticism, nothing that made the work transformative. It was just the animation, nothing else added. This does not qualify as "fair use". Youtube promptly removed the videos after I linked them to my page on FurAffinity.

It may seem harmless, and ultimately nothing may come of someone reuploading my work, I realize that, but I still take my intellectual property seriously and don't like to take chances.

So once again, if you want to re-upload my work anywhere, please ask first, I will likely say yes as long as I know where it's uploaded and all conditions are followed.
Viewed: 19 times
Added: 7 years, 3 months ago
 
thecapedmanlloyd
7 years, 3 months ago
You can do as you wish but as for me, I don't really care what people do with my IPs. I can understand the need to protect your property but don't be like Nintendo. That is the fast way to lose fans.
HatchlingByHeart
7 years, 2 months ago
Fans don't have an automatic right to do what they wish with an individual's or company's IPs, that's how copyright law works, that is stone cold fact. If this weren't the case, all of Nintendo's cease and desists against fan games would not be upheld in court.

As I said, there are a select few reasons you *ARE* allowed to publish a copy of copyrighted work, for example, if it is a review/criticism, or if it's transformative in some way, and without creating a product that undermines the sale of an established work, which is often why fan ART is acceptable, but fan games are not, people would be more willing to download a fan created game for free instead of buying one from the copyright holder. Artwork of the games is often not sold, free and already in the public domain.

People who complain about these simple facts and look at companies like Nintendo as the bad guy when they takedown fan games need to learn how these laws work and stop feeling entitled to do as they wish with a company's properties.

Unlike Nintendo however, it's likely I will freely give permission for my work to be distributed *IF* I am asked, all I ask is that I know where it's going, what it's being used for, and that I receive proper due credit. Mind you, this does not apply to any fan art of my characters or any other transformative work that others create, just any 1:1 copy of my own work.

Ultimately, if despite this leniency that by law I don't have to extend (and shouldn't, if I wish to retain any trademarks by US law) that I lose fans, then they aren't really fans that deserve any of my service.

Sorry if this makes me sound like an asshole, but them's the brakes.
thecapedmanlloyd
7 years, 2 months ago
I mean, Nintendo is within their right to stop fan art as well because it isn't transformative or used for review. The goal isn't to to be aggressive with fans because it is a good way to lose them and this is Nintendo's flaw. Fan games are just like fan art and shouldn't be taken down.
HatchlingByHeart
7 years, 2 months ago
Actually, fan art *IS* transformative, as it usually improves on, or changes the style of, the source material. Fan games are transformative as well, however, unlike the fan art, fan games will often create free alternatives to games people pay Nintendo for, Nintendo does not sell art, they sell games, therefore that is Nintendo's concern first and foremost. This is not unique to Nintendo in any shape or form either, many companies will pursue people legally should their bottom line be threatened.

That said, Nintendo are definitely the most aggressive in defending their IPs, but as you said as well, it's within their right.

Honestly, while I agree Nintendo are dicks for chasing these up more often then is necessary, I also think people need to learn from mistakes and stop making Nintendo fangames, everyone knows how it always ends.
thecapedmanlloyd
7 years, 2 months ago
This seems like Nintendo should take the hint then and make the games people want.
HatchlingByHeart
7 years, 2 months ago
That's like going to your favorite artist and saying "Hey, I like this other guy's style better. Draw art like that guy!"
thecapedmanlloyd
7 years, 2 months ago
I get told that all the time. The simple truth is the fans will always fill in the gaps if the parent company isn't doing it. I choose to work on my own IPs but I see why fan do what they do.
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