Why do many authors use covers that they got from Google?

Do you agree with doing this?


  • Total voters
    55

Aaky

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Jul 31, 2020
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All of you say u object to people using google images, but as long as SH doesn't take a stance against it, then people will still do it.

If you have nothing to lose, and everything to gain - I don't see people ever stopping from using such images
 

LostLibrarian

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All of you say u object to people using google images, but as long as SH doesn't take a stance against it, then people will still do it.
Which will never happen as many authors will bitch about it and leave the site.
The rules already forbid such behaviour but nobody will enforce it.
Without plaintiff there's no punishment...

In the end (or at least until SH becomes big enough), this'll just stay a question about morals.
 

minacia

perpetually sour
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Jun 22, 2020
Messages
643
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Hmm, I guess I can add my own response to this thread, although I think it heavily varies by person on an individual basis.

For me, I come from an Internet background of forum roleplays, translations, fanfiction, and tumblr blogs. Sort of from the beginning, I've been well aware of the fact that translations are illegal and infringe on copyright. Likewise, on my forum roleplays, many of the sites I've been on use faceclaims and people include artist artwork (usually without permission) on their character profiles. Meanwhile, there were a few years that I liked to make tumblr mangacaps, which are basically manga artwork with the text cropped out for an aesthetic purpose.

...Thinking about it, I've sort of been doing it for so long that I've more or less just gotten used to it.

That said, talking about copyright is actually a very convoluted territory that carries a lot of thought and consideration.

What of people who use anime pictures as discord profiles or to decorate their facebook profile? Fanfiction is technically also copyright infringement, which is why archiveofourown exists (as a safe harbor to protect fanworks from being taken down by DMCA claims). Japanese copyright law is looser than US/Western law (in the sense that in Japanese law it isn't copyright infringement unless the original copyright holder complains per the concept of 親告罪), and there were concerns in Japan about joining TPP affecting doujinshi artists.

I tend to personally hold looser views on copyright in terms of personal use and self-expression.

Specifically, I feel like the usage of art is also a form of expression, and tumblr profile wall is kind of like a collage (at least in my eyes). As a result, I don't tend to believe that it is as wrong for people to use artwork (that they don't own) as profile pictures or other decorative elements of their community spaces, particularly when it is as a non-commercial form of self-expression.

Although that is just a personal view.


Above we have exhibit A, in which the youtube uploader rotoscoped (traced) the entire Chika dance and set it to the music of Aaron Smith - Dancin (KRONO Remix).

A lot of artists consider tracing a form of copyright infringement, and likewise it is extremely on youtube for uploaders to just use music (that they often aren't licensed to use). That said, I feel like some element of youtube videos also suffers when content creators are unable to use the song that comes to mind, and I think there is something special about the present state of youtube (and the online community) about it being possible for random people to piece together elements of art, and I tend to view it as a form of self-expression. Moreover, even the act of tracing the chika dance takes a lot of work....... and some random fan decided to spend months doing it because they loved it so much.

Personally, my sympathy tends to disappear when a commercial element appears.

As a translator, I have never monetized any of my translations because I don't think it's morally right to.

As soon as a financial aspect is introduced, I feel like it's no longer just a fanwork or a work of self-expression.

I've noticed a lot of people say that they hate it when their work gets stolen, but it's hard for me to relate. :blob_no: Actually, my translations get cross-posted onto aggregators as soon as I upload them, but I don't feel like I usually react as strongly as my translator peers... I guess they're probably hate losing their internet traffic / monetary income from patreon/ads(?).
 

UnratedX

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Dec 20, 2020
Messages
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Which will never happen as many authors will bitch about it and leave the site.
The rules already forbid such behaviour but nobody will enforce it.
Without plaintiff there's no punishment...

In the end (or at least until SH becomes big enough), this'll just stay a question about morals.
It does not matter what is "right" or not because they do not give a flying f*ck what you think. It is an easy way for those authors to boost their novel with no penalties. Enforcing penalties = less users and content on the site.

You can either complain to the authors to try to shame them into changing it (have fun with that) or petition SH to enforce penalties and take a loss and they have barely a reason to do that. Threads like this are nothing but drama bait, change my mind.
 

tiaf

ゞ(シㅇ3ㅇ)っ•♥•Speak fishy, read BL.•♥•
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It does not matter what is "right" or not because they do not give a flying f*ck what you think. It is an easy way for those authors to boost their novel with no penalties. Enforcing penalties = less users and content on the site.

You can either complain to the authors to try to shame them into changing it (have fun with that) or petition SH to enforce penalties and take a loss and they have barely a reason to do that. Threads like this are nothing but drama bait, change my mind.
It does not matter what you consider "drama bait" or not because we are trying to hold a discussion here despite what you think. It is an easy way for participants to speak their mind without being subjugated to rude insults. Being rude = not a user to discuss this topic.

You can either complain to the mods to try to shame them into banning me (have fun with that) or petition SH to enforce penalties and take a loss and they have barely a reason to do that. Peeps like you are nothing but drama starter, change my mind.
 
Last edited:

Maple-Leaf

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108
Personally, I'm one of the people who are vaguely aware of copyright but are not entirely sure how it works. Paranoid as I am, I just slapped together my own cover and it looks like shit, but hey who cares. Plus I think my nonexistent release rate probably contributes more to it's smashing success.
 
D

Deleted member 45782

Guest
A lot of people probably do it out of convenience and its free. But the answer, is no.

I have heard people said the artists won't really come after them since so many people do it. While that's true, I've also heard people getting sued by DMCA and a hefty fine (i read somewhere someone got $40,000 fine)…

So I think this is walking on a time bomb. Maybe no one will find out. Maybe a lot of won't. But when it happens, you're gonna get screwed.

Now, I know finding images for stories and poetry can be a pain in the butt, especially if you're only writing as a hobby and for free. A good suggestion is to sites that state their images are free to personalize, commercialize, etc. (within some stuff. read their policy. like asking permission if a model is in their picture). Sites like Pixabay, Pexels, Unsplash etc., where people upload their images for free for that reason and the only thing they really ask is, if possible, is for attribution/credit for their work (donations optional). The other thing is to just directly ask. I've seen cool images too that sometimes we want for covers. If you can easily take off an image from someone off the internet, you can just as easily go ask them.

I saw someone on Wattpad suggest to use google images for covers and then edit it just a bit to make it good for their stories.
Imho, some of the writers who say use google images for covers, are probably the same ones getting pissed when their story got ripped off.

On other hand, I did see quite a bit of people on Wattpad doing their artwork and designing and creating covers too. They take requests from others who want a cover for their stories. And some of those covers was really amazing too.

Ask yourself, if you don't like other people stealing and ripping off your story, the story you have worked hard to write on, should artists not feel the same way too about their work being ripped off by others?
 
D

Deleted member 45782

Guest
I don't know about you but there are many artists who do not want anyone to repost their art or use their arts in anyway let alone doing so without asking their permission. They specifically asked in their own media platform's post to not re-up, edit or use it but such demands are usually fallen to deaf ears and people keep posting their arts without even giving the credit.

The moment you go to google, type up your search and take a randomly showed-up picture that do not have credit/source, you are unknowingly having a hand in reposting other people's creative property without their permission.

It's a very poor shield to reason that it's because everyone does it. I live in a country where everyone litter garbage anywhere they like because everyone does that and someone else will probably clean up the mess for them.

I will not condemn anyone but i will encourage that we do not take any art on google to make our cover without even searching for the true creators and asking their permission. Just because everyone does it doesn't make it not wrong.

I myself am not an artist but whatever avatar or wallpaper on every single social media account are either free to use or created by myself (including my own facebook avatar). It sucks to not having a cover but i don't want to be unfair to those who made that arts especially when i am some source of author/artist myself.
Agree.
 
D

Deleted member 19066

Guest
Personally, I'm one of the people who are vaguely aware of copyright but are not entirely sure how it works. Paranoid as I am, I just slapped together my own cover and it looks like shit, but hey who cares. Plus I think my nonexistent release rate probably contributes more to it's smashing success.

I used to volunteer at a dirt-poor non-profit, making promo posters and advertising collaterals. SOooo making posters and covers that are good enough but have no legal ramifications while costing next to nothing is pretty much my jam.

The first thing to understand about material made by other people is by default EVERYTHING is copyrighted by a creator as soon as it created, BUT there is a catch, two catches, fair use and Creative Commons.

First, Fair use: it can be murky for some things and not so for others, but a general rule of thumb use the 4 rules, if you are playing the semantics of "transformative" then you are gambling, stop if you are not sure-sure, up in the air feeling should be minimalised where possible.

the 4 rules
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
Here is the link from standard... read if curious have some pretty clear language and examples: https://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair_use_guidelines

Here is a more official statement of 4 rules from https://www.copyright.gov/fair-use/more-info.html
@LostLibrarian & @Freesia.Cutepearl
  • Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
  • Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
  • Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
  • Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

The most difficult part of fair use is the idea of "Transformative". Things that are clearly transformative are parodies, in a veritable sense Fanfics and doujinshi have an easier time. Also transformative are research and education a site indexing the lore of Starwars can use those picture as well.

But where it gets murky is the question if I am taking a landscape art, its purpose is to be "landscape" and composite it on my picture where it is the background is the purpose of the art still "landscape" have I added any additional purpose to the art?

Murky... You will be in the "remix" territory of the law. And right and wrong is not decided by you or the content creator but by a judge.

Now here is the fun part.
Creative Commons!

You guys have the benefit of this existence, helping with making contents and collaboration, way back before this it was a bit wild west.

Around the Year 2000 CC was born
Here is an explanation of Creative commons (1min 59 sec long)

Now that you understand CC. First is understanding what you want is the beautiful CC0 logo (“No Rights Reserved”) of Some rights, only attribution.

So how to work with/under CC.
Look for the licence. Often is quite straight forward. even with google.

Say search Anime on google image search then choose tools, narrow licenses



Now don't just click and go!

there is a few more step!

Example 1.
Click into it and chase it to the end will lead you to the source
and at the bottom of the page, you'll see.


Now if you follow those rules, you would have done your due diligence.

If you want to be super safe you can even lookup the author, and thin Ah~ yup super legit it is not just some Rando uploading someone else's art.

Example 2.
you can do the same
First, there is less info on the creator, but Wikimedia commons is quite well moderated (I think?) so it's fine (I guess?)
but the licence is slightly different with a:

  • share alike – If you remix, transform, or build upon the material, you must distribute your contributions under the same or compatible license as the original.

Which means if you make a cover with the picture, your cover can be taken and made into... I dun know... t-shirts, remixed into other people covers etc.. I think...

Example 3.
It is obviously BS, since that is K-on but lets check it anyway since I could be wrong.
Opening the link it shows
Pixabay License
Free for commercial use
No attribution required
First red flag, not a CC license, it's not wrong just less trustworthy. And I KNOW it's not original
But even if I don't know it. since I am want to avoid any trouble further down the road I did an image search.
and image can be found on various site but all/most are under "Image License: Personal Use Only"

So for things that like that, at your own risk and ethically, is it no different from taking without permission? What if it not from K-on? Use it? Too murky? if you don't know for sure what the origin of the art work is, rule of thumb, don't use it.

As for How to attribute here are links


Now, is google the only place for CC?
Nope!
As you saw Wikimedia commons is a good place, art quality.... varies. But still way better than 10 years ago

What's more, there are now CC groups on Deviant art, just search by typing Creative commons, likewise with google, search engines are not perfect once you find what you want, look for the license info, but with Deviantart messaging the artist takes 2 seconds and a tiny bit of effort.

Likewise, license info can be found on some of the art at artstation and but messaging the creator is not difficult.

it might be nice making a list with resources for authors that don't want to infringe on copyright when they make their covers?
@theSeaSquidfish said some, For more resources:

I tend to personally hold looser views on copyright in terms of personal use and self-expression
Agree.
Art is luxury and if you can’t pay for it then don’t use.
*nods*
It makes me sad too when people do eventually go on and pay for a commissioned art when their novels do become successful. But they fail to mention a word about the artist they have been exploiting in the past. The Art that helped build a fanbase gets no credit or money And then cast aside when the novel is successful, used and abused, swept under the rug.
 
Last edited by a moderator:
D

Deleted member 45782

Guest
I used to volunteer at a dirt-poor non-profit, making promo posters and advertising collaterals. SOooo making posters and covers that are good enough but have no legal ramifications while costing next to nothing is pretty much my jam.

The first thing to understand about material made by other people is by default EVERYTHING is copyrighted by a creator as soon as it created, BUT there is a catch, two catches, fair use and Creative Commons.

First, Fair use: it can be murky for some things and not so for others, but a general rule of thumb use the 4 rules, if you are playing the semantics of "transformative" then you are gambling, stop if you are not sure-sure, up in the air feeling should be minimalised where possible.

the 4 rules
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
Here is the link from standard... read if curious have some pretty clear language and examples: https://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair_use_guidelines

Here is a more official statement of 4 rules from https://www.copyright.gov/fair-use/more-info.html
@LostLibrarian & @Freesia.Cutepearl
  • Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
  • Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
  • Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
  • Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

The most difficult part of fair use is the idea of "Transformative". Things that are clearly transformative are parodies, in a veritable sense Fanfics and doujinshi have an easier time. Also transformative are research and education a site indexing the lore of Starwars can use those picture as well.

But where it gets murky is the question if I am taking a landscape art, its purpose is to be "landscape" and composite it on my picture where it is the background is the purpose of the art still "landscape" have I added any additional purpose to the art?

Murky... You will be in the "remix" territory of the law. And right and wrong is not decided by you or the content creator but by a judge.

Now here is the fun part.
Creative Commons!

You guys have the benefit of this existence, helping with making contents and collaboration, way back before this it was a bit wild west.

Around the Year 2000 CC was born
Here is an explanation of Creative commons (1min 59 sec long)

Now that you understand CC. First is understanding what you want is the beautiful CC0 logo (“No Rights Reserved”) of Some rights, only attribution.

So how to work with/under CC.
Look for the licence. Often is quite straight forward. even with google.

Say search Anime on google image search then choose tools, narrow licenses



Now don't just click and go!

there is a few more step!

Example 1.
Click into it and chase it to the end will lead you to the source
and at the bottom of the page, you'll see.


Now if you follow those rules, you would have done your due diligence.

If you want to be super safe you can even lookup the author, and thin Ah~ yup super legit it is not just some Rando uploading someone else's art.

Example 2.
you can do the same
First, there is less info on the creator, but Wikimedia commons is quite well moderated (I think?) so it's fine (I guess?)
but the licence is slightly different with a:



Which means if you make a cover with the picture, your cover can be taken and made into... I dun know... t-shirts, remixed into other people covers etc.. I think...

Example 3.
It is obviously BS, since that is K-on but lets check it anyway since I could be wrong.
Opening the link it shows

First red flag, not a CC license, it's not wrong just less trustworthy. And I KNOW it's not original
But even if I don't know it. since I am want to avoid any trouble further down the road I did an image search.
and image can be found on various site but all/most are under "Image License: Personal Use Only"

So for things that like that, at your own risk and ethically, is it no different from taking without permission? if it not K-on? Yes? Murky? if you don't know for sure, rule of thumb, don't use it.

As for How to attribute here are links


Now, is google the only place for CC?
Nope!
As you saw Wikimedia commons is a good place, art quality.... varies. But still way better than 10 years ago

What's more, there are now CC groups on Deviant art, just search by typing Creative commons, likewise with google, search engines are not perfect once you find what you want, look for the license info, but with Deviantart messaging the artist takes 2 seconds and a tiny bit of effort.

Likewise, license info can be found on some of the art at artstation and but messaging the creator is not difficult.


@theSeaSquidfish said some, For more resources:


Agree.

*nods*
It makes me sad too when people do eventually go on and pay for a commissioned art when their novels do become successful. But they fail to mention a word about the artist they have been exploiting in the past. The Art that helped build a fanbase gets no credit or money And then cast aside when the novel is successful, used and abused, swept under the rug.
I'm not sure what K-on is?

Didn't thought about searching images under Creative Commons. That is also a good one way to look up images that can be free to use.

As for Pixabay, I think they updated their site; all images used to be under creative commons on there but they updated their terms to be under Pixabay License. Still free to use commercial or personal with no attribution required as they say, but I think they updated the conditions on what is allowed and what isn't. Pexels and Unsplash did something like that too. So i guess to always double check on their terms before using.

Interesting to know that Deviantart also has CC groups there too. Thanks for all the interesting resources on how to find images free to use. :)
 

Michuyu

Well-known member
Joined
Jan 4, 2021
Messages
167
Points
83
Speaking of which ... it might be nice making a list with resources for authors that don't want to infringe on copyright when they make their covers?
This is such a great idea! >.< I think a list like this should be pinned in the forums if it's created. Unfortunately, I don't know any sites that offer free photos to use, so I wouldn't be able to contribute to the list... D:
 
D

Deleted member 45782

Guest
i wonder...what about using 3d images in paint3d and combine some of them to make a new image altogether? :blob_hmm_two:
 

happypanda

Well-known member
Joined
Apr 11, 2020
Messages
36
Points
58
As a person from a 3rd world country and also as someone who has a full time job and only writes for hobby, I do NOT have enough income to commision for an art (heck, I'm not even eligible for a credit card) and I do not have enough time to invest in learning how to draw something. Is it a good thing to use something from Google? No. It there something else I can do about it? Probably no. If I'm given an warning, I'll probably do something about the cover art. If not, I'll let it stay as it is.
 

S10

Well-known member
Joined
Oct 13, 2019
Messages
32
Points
58
Hmm, I guess I can add my own response to this thread, although I think it heavily varies by person on an individual basis.

For me, I come from an Internet background of forum roleplays, translations, fanfiction, and tumblr blogs. Sort of from the beginning, I've been well aware of the fact that translations are illegal and infringe on copyright. Likewise, on my forum roleplays, many of the sites I've been on use faceclaims and people include artist artwork (usually without permission) on their character profiles. Meanwhile, there were a few years that I liked to make tumblr mangacaps, which are basically manga artwork with the text cropped out for an aesthetic purpose.

...Thinking about it, I've sort of been doing it for so long that I've more or less just gotten used to it.

That said, talking about copyright is actually a very convoluted territory that carries a lot of thought and consideration.

What of people who use anime pictures as discord profiles or to decorate their facebook profile? Fanfiction is technically also copyright infringement, which is why archiveofourown exists (as a safe harbor to protect fanworks from being taken down by DMCA claims). Japanese copyright law is looser than US/Western law (in the sense that in Japanese law it isn't copyright infringement unless the original copyright holder complains per the concept of 親告罪), and there were concerns in Japan about joining TPP affecting doujinshi artists.

I tend to personally hold looser views on copyright in terms of personal use and self-expression.

Specifically, I feel like the usage of art is also a form of expression, and tumblr profile wall is kind of like a collage (at least in my eyes). As a result, I don't tend to believe that it is as wrong for people to use artwork (that they don't own) as profile pictures or other decorative elements of their community spaces, particularly when it is as a non-commercial form of self-expression.

Although that is just a personal view.


Above we have exhibit A, in which the youtube uploader rotoscoped (traced) the entire Chika dance and set it to the music of Aaron Smith - Dancin (KRONO Remix).

A lot of artists consider tracing a form of copyright infringement, and likewise it is extremely on youtube for uploaders to just use music (that they often aren't licensed to use). That said, I feel like some element of youtube videos also suffers when content creators are unable to use the song that comes to mind, and I think there is something special about the present state of youtube (and the online community) about it being possible for random people to piece together elements of art, and I tend to view it as a form of self-expression. Moreover, even the act of tracing the chika dance takes a lot of work....... and some random fan decided to spend months doing it because they loved it so much.

Personally, my sympathy tends to disappear when a commercial element appears.

As a translator, I have never monetized any of my translations because I don't think it's morally right to.

As soon as a financial aspect is introduced, I feel like it's no longer just a fanwork or a work of self-expression.

I've noticed a lot of people say that they hate it when their work gets stolen, but it's hard for me to relate. :blob_no: Actually, my translations get cross-posted onto aggregators as soon as I upload them, but I don't feel like I usually react as strongly as my translator peers... I guess they're probably hate losing their internet traffic / monetary income from patreon/ads(?).
Just would like to note that other TLs have the right to get angry as the aggregators make money off of what is yours (and the original authors work).
I used to volunteer at a dirt-poor non-profit, making promo posters and advertising collaterals. SOooo making posters and covers that are good enough but have no legal ramifications while costing next to nothing is pretty much my jam.

The first thing to understand about material made by other people is by default EVERYTHING is copyrighted by a creator as soon as it created, BUT there is a catch, two catches, fair use and Creative Commons.

First, Fair use: it can be murky for some things and not so for others, but a general rule of thumb use the 4 rules, if you are playing the semantics of "transformative" then you are gambling, stop if you are not sure-sure, up in the air feeling should be minimalised where possible.

the 4 rules
  • the purpose and character of your use
  • the nature of the copyrighted work
  • the amount and substantiality of the portion taken, and
  • the effect of the use upon the potential market.
Here is the link from standard... read if curious have some pretty clear language and examples: https://fairuse.stanford.edu/overview/fair-use/four-factors/#educational_fair_use_guidelines

Here is a more official statement of 4 rules from https://www.copyright.gov/fair-use/more-info.html
@LostLibrarian & @Freesia.Cutepearl
  • Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
  • Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright’s purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
  • Amount and substantiality of the portion used in relation to the copyrighted work as a whole: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the “heart”—of the work.
  • Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

The most difficult part of fair use is the idea of "Transformative". Things that are clearly transformative are parodies, in a veritable sense Fanfics and doujinshi have an easier time. Also transformative are research and education a site indexing the lore of Starwars can use those picture as well.

But where it gets murky is the question if I am taking a landscape art, its purpose is to be "landscape" and composite it on my picture where it is the background is the purpose of the art still "landscape" have I added any additional purpose to the art?

Murky... You will be in the "remix" territory of the law. And right and wrong is not decided by you or the content creator but by a judge.

Now here is the fun part.
Creative Commons!

You guys have the benefit of this existence, helping with making contents and collaboration, way back before this it was a bit wild west.

Around the Year 2000 CC was born
Here is an explanation of Creative commons (1min 59 sec long)

Now that you understand CC. First is understanding what you want is the beautiful CC0 logo (“No Rights Reserved”) of Some rights, only attribution.

So how to work with/under CC.
Look for the licence. Often is quite straight forward. even with google.

Say search Anime on google image search then choose tools, narrow licenses



Now don't just click and go!

there is a few more step!

Example 1.
Click into it and chase it to the end will lead you to the source
and at the bottom of the page, you'll see.


Now if you follow those rules, you would have done your due diligence.

If you want to be super safe you can even lookup the author, and thin Ah~ yup super legit it is not just some Rando uploading someone else's art.

Example 2.
you can do the same
First, there is less info on the creator, but Wikimedia commons is quite well moderated (I think?) so it's fine (I guess?)
but the licence is slightly different with a:



Which means if you make a cover with the picture, your cover can be taken and made into... I dun know... t-shirts, remixed into other people covers etc.. I think...

Example 3.
It is obviously BS, since that is K-on but lets check it anyway since I could be wrong.
Opening the link it shows

First red flag, not a CC license, it's not wrong just less trustworthy. And I KNOW it's not original
But even if I don't know it. since I am want to avoid any trouble further down the road I did an image search.
and image can be found on various site but all/most are under "Image License: Personal Use Only"

So for things that like that, at your own risk and ethically, is it no different from taking without permission? What if it not from K-on? Use it? Too murky? if you don't know for sure what the origin of the art work is, rule of thumb, don't use it.

As for How to attribute here are links


Now, is google the only place for CC?
Nope!
As you saw Wikimedia commons is a good place, art quality.... varies. But still way better than 10 years ago

What's more, there are now CC groups on Deviant art, just search by typing Creative commons, likewise with google, search engines are not perfect once you find what you want, look for the license info, but with Deviantart messaging the artist takes 2 seconds and a tiny bit of effort.

Likewise, license info can be found on some of the art at artstation and but messaging the creator is not difficult.


@theSeaSquidfish said some, For more resources:


Agree.

*nods*
It makes me sad too when people do eventually go on and pay for a commissioned art when their novels do become successful. But they fail to mention a word about the artist they have been exploiting in the past. The Art that helped build a fanbase gets no credit or money And then cast aside when the novel is successful, used and abused, swept under the rug.
Also would like to stress one thing you said. Google isn't perfect and the license info may be wrong. Try to find the original original image and check.
 

EternalSunset0

Well-known member
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Messages
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Ah ok, was confused in your above post mentioned what is and what is not K-on.
Man, it makes me feel old now seeing people not know what K-on is. I remember the start of the previous decade like yesterday and the series was one of the biggest and most recognizable moeblob shows out there at that time.
 
D

Deleted member 34529

Guest
most recognizable moeblob shows out there at that time
I know right!


I remember...., The year was circa 2009
when School Days and Higurashi no Naku Koro ni just blew everyone's minds.
And every second person was stil obsessed with Haruhi,
then was the beginning of long ass anime names that need shortened handles.... like Oremo and anohana...

oh those times.... when crunchy roll and Netflix did not exist
and then you learned that subtitles were .srt files separated from the video..
when some of the timing is wrong, you have to learn how to edit the subs and make alterations to time codes, speed and learn font settings...
Then you just plain learned Japanese.

Ah~what a decade...
 

tiaf

ゞ(シㅇ3ㅇ)っ•♥•Speak fishy, read BL.•♥•
Joined
May 29, 2019
Messages
3,074
Points
183
I know right!


I remember...., The year was circa 2009
when School Days and Higurashi no Naku Koro ni just blew everyone's minds.
And every second person was stil obsessed with Haruhi,
then was the beginning of long ass anime names that need shortened handles.... like Oremo and anohana...

oh those times.... when crunchy roll and Netflix did not exist
and then you learned that subtitles were .srt files separated from the video..
when some of the timing is wrong, you have to learn how to edit the subs and make alterations to time codes, speed and learn font settings...
Then you just plain learned Japanese.

Ah~what a decade...
:blob_neutral::blob_no: Subtitles with off timing...
When anime was still available on YouTube and you just had to live with wrong timing until you learned how to utilize torrent to get your HQ anime files.
 
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