Copyright Violation?! NOT ON YOUR LIFE!Recently, my photo manipulation "Tony and George" (in which I showed two side-by-side images of President Bush and British Prime Minister Tony Blair—one unmodified, and one in which they appear to be a couple: holding hands, looking in each other's eyes, etc) was removed from DeviantArt cititing copyright violations.
I believe that this is in error because my rights to use this image are clearly protected under the "fair use" title of the US Federal code.
Title 17, Chapter 1, § 107 states "Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching...is not an infringement of copyright."
Precedent shows that satire falls squarely within the "comment" designation of the code. In fact, the use of media photographs (of which this is an example) in just such a manner by shows such as "The Daily Show" and others is protected under the "fair use" title.
Accordingly, I would like to point out that DeviantArt is in no way in violation of copyright law by displaying this work, and that its removal may well represent political bias both on the part of the complainant and the administrator who removed it. As a result, I respectfully request that DeviantArt respect my rights to fair use, and that I be allowed to post this work.
Thank You,
Ari Valen Levinson
Devious Comments
On deviantART, you need only follow deviantART policy. Policy clearly states that you may not reuse work you did not create without explicit written permission from the original artist.
And if you still want to debate the point, I suggest you fire off a letter to the HelpDesk instead of ^devart, which is only a messenger bot and cannot respond to your complaints.
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Polyamory? What, Like Two Girlfriends?
deviantART enables sexism and homophobia.
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Please do Come Over and look around.
~QuoiQueCeSoit and I are not related...the last names thing is merely coincidental. :-P
As for the Fair Use thing, I really don't have anything else to say about it except that the rules are the rules. I can see your point, but I'm thinking that if they allow it, that's opening a really large and potentially disgusting can of worms for the administration. We've got enough trouble with policy violations as it is without having to worry about whether the image is protected under Fair Use, so it's just easier to ban anything that doesn't have explicit permission for use from the original creator (in your case, the photographer who took the photos or the company that published it).
And so I suppose there's nothing left to do but sit back on your heels and wait, if you've already noted the HelpDesk. They're usually pretty quick about answering things, so it shouldn't take too much longer
Good day
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Polyamory? What, Like Two Girlfriends?
deviantART enables sexism and homophobia.
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Comments are very much appreciated!!!
Keep at it.
rT
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Welcome to the idiots emporium...on the left, you can see the counter that counts how many prats are on Earth.
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Atheist | Furry | Bisexual | Polyamorous
...because normal is a setting on a washing machine.
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you smell funny
Stuart Grant Photography [link]
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You're so pretty.
Whoever pointed out the "violation" was probably just a biased Republican who had nothing better to do.
And, might I say, darn good photo-manips and photography, especially "At the World's Edge". WOW
-marla
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