some people uploaded commissions of mine without permission.

Deffy

hello, yesterday i allready file’d takedowns for pictures i didnt give permission for too be uploaded, yet they are totally ignored.. who do i speak too directly too get thoose pictures taken down?! because im pretty upset..
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Per copyright law, ownership of commissioned images remains with the artist who created the image, not the person who commissioned it. The artist who created the image is the only one who may request a takedown. (from our FAQ)
 
For more information, please read our Takedown Requests procedure.
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Are you the artist of the images?
 
If not, do you have documentation from the original artist explicitly transferring ownership and copyright of the images to you?
 
Under copyright law, if you commission an image from an artist as a “work for hire” (as in, the artist is not an employee for you, but instead is paid to create a single work), then the rights of that image actually belong to the artist, not to you, absent an agreement to the contrary.
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I think the wording of “comissions of mine” is ambigous - are you the commissioner or the commissioned artist of these images?
Deffy

whatever has been said, i informed the artist, and she will take care of it, its sad that it has to go this way but from now on i will make sure all artists i commission will know i have a DNP on derpibooru of art i commissioned, simply if the artist refuses.. i go to the next simple as that, i dont want to go throught this nonsense again.
Deffy

Are you the artist of the images?
If not, do you have documentation from the original artist explicitly transferring ownership and copyright of the images to you?
Under copyright law, if you commission an image from an artist as a “work for hire” (as in, the artist is not an employee for you, but instead is paid to create a single work), then the rights of that image actually belong to the artist, not to you, absent an agreement to the contrary.
 
also what gives a complete stranger the permission too upload art without the artist or me even knowing?! tell me that.. its also the nonsense that causes this.. you guys let everybody upload stuff without even checking if the artist agreed with this or the owner of the oc.. also a vocal agreement is also agreement and can be usedin europe.. a vocal agreement doesnt have to be put on paper.
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@Deffy  
Fair use default; it’s not attacking the artist or their work, taking money off them, claiming author/ownership, or going against their known wishes.
 
Also the moral rights of the author, ie. who ultimately decides where an image can and can’t be displayed, is nontransferable by any means other than hereditary.
Deffy

@Deffy
Fair use default; it’s not attacking the artist or their work, taking money off them, claiming author/ownership, or going against their known wishes.
Also the moral rights of the author, ie. who ultimately decides where an image can and can’t be displayed, is nontransferable by any means other than hereditary.
 
wrong.. i can pay for the rights of making it transferable by anny means, if i pay for it and have a legalcontract on taking all the rights including where it can be displayed, and yes i can do and will if i need too, soo thats noproblem if i have to pay a bit extra to the artist to get it of this website im fine with getting a legalcontract/document.
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@Deffy  
No, you can’t, moral rights are nontransferable. What you’re wanting to would require the artist to explicitly state publicly that they will not assert their moral rights, or that they’ve already done so in your favour.
 
Which is a rather absurd thing considering this is My Little Pony fanart.
Deffy

@Deffy
No, you can’t, moral rights are nontransferable. What you’re wanting to would require the artist to explicitly state publicly that they will not assert their moral rights, or that they’ve already done so in your favour.
Which is a rather absurd thing considering this is My Little Pony fanart.
 
its being taken down by the artist, on very friendly request, soo if the staff decides too decline that, i can only imagine this website being shady. also fanart of mlp? excuse me? my commissioned art is in noway fanart of MLP…
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@Deffy  
Serious question - why do you even care? Do you not like people looking at your (admittedly cute) oc?
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its being taken down by the artist
Then it’ll be dealt with once we get the report.
 
my commissioned art is in noway fanart of MLP
You might want to let the artist know that, given they’ve been tagging it as MLP.
Deffy

@Deffy
Serious question - why do you even care? Do you not like people looking at your (admittedly cute) oc?
 
look, with all do respect.. for me its a personal thing, the artist got permission because she asked if she could, however she doesnt have too because she is the artist but its really really appriciated, i feel uncomfortable that people didnt ask me or the artist before uploading, the artist worked to make this and soo did i work for this to get the money too get it made, and for my feeling ive been extremely ignored, because all whats keept being said you have no right too say annything.. you have no right of saying about the picture your oc is in.. i just find it honestly disgusting how they treat the people here soo i told the artist too upload it herself too somewhere else, if you enjoy it you can allways find it somewhere else ^^
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@Deffy  
Just an FYI it isnt a feelings thing. If X persons commission is uploaded to a public artsite (DA, FA, tumblr, what have you) and there is no DNP on the artist, then it’s pretty much avaliable for uploading as long as it’s properly sourced and credited. Now if this pic was actually fully private or actually not tagged MLP, then it’d be removed promptly, or if the artist explicitly had a DNP.
 
Legally unless the artist and you have an explicit written agreement when its posted publically then you really don’t own the picture at all. It’s just how the law works. Not to mention since they’re tagging it MLP, it’s technically a derivative of MLP itself, which would legally mean Hasbro has the say in the end.
Deffy

@Deffy
Just an FYI it isnt a feelings thing. If X persons commission is uploaded to a public artsite (DA, FA, tumblr, what have you) and there is no DNP on the artist, then it’s pretty much avaliable for uploading as long as it’s properly sourced and credited. Now if this pic was actually fully private or actually not tagged MLP, then it’d be removed promptly, or if the artist explicitly had a DNP.
Legally unless the artist and you have an explicit written agreement when its posted publically then you really don’t own the picture at all. It’s just how the law works. Not to mention since they’re tagging it MLP, it’s technically a derivative of MLP itself, which would legally mean Hasbro has the say in the end.
 
hasbro has no saying its no MLP art even if its tagged MLP thats a mistake on the artists end, my oc is created by myself and is a fursona, MLP has no official Reindeer/bat hybrid soo your argument doesnt make sense.. its credited but not sourced, soo its kinda private, if you can find a source link on the nsfw pictures then be my guest, but i can assure you theres only 1 that has a source, and its not uploaded here, but as requested on tumblr, everything that not yet is on the artist her tumblr is private ok, be my guest and see if you can find anny of the following uploaded pics on the artist her tumblr http://sinfulhyena.tumblr.com/ if not.. you can consider them private till uploaded by the artist themself or me, and i didnt upload anny of them because the artist would.
Deffy

@Deffy
Just an FYI it isnt a feelings thing. If X persons commission is uploaded to a public artsite (DA, FA, tumblr, what have you) and there is no DNP on the artist, then it’s pretty much avaliable for uploading as long as it’s properly sourced and credited. Now if this pic was actually fully private or actually not tagged MLP, then it’d be removed promptly, or if the artist explicitly had a DNP.
Legally unless the artist and you have an explicit written agreement when its posted publically then you really don’t own the picture at all. It’s just how the law works. Not to mention since they’re tagging it MLP, it’s technically a derivative of MLP itself, which would legally mean Hasbro has the say in the end.
hasbro has no saying its no MLP art even if its tagged MLP thats a mistake on the artists end, my oc is created by myself and is a fursona, MLP has no official Reindeer/bat hybrid soo your argument doesnt make sense.. its credited but not sourced, soo its kinda private, if you can find a source link on the nsfw pictures then be my guest, but i can assure you theres only 1 that has a source, and its not uploaded here, but as requested on tumblr, everything that not yet is on the artist her tumblr is private ok, be my guest and see if you can find anny of the following uploaded pics on the artist her tumblr http://sinfulhyena.tumblr.com/ if not.. you can consider them private till uploaded by the artist themself or me, and i didnt upload anny of them because the artist would.
 
ive spotted one picture that doesnt even have the source too the tumblr soo there is one.. but its not even sourced.. not impressed by this.
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@Deffy  
You’re going to have to explain how the images were public then in the first place, because I’m fairly sure the site didn’t hack them out from the artist’s computer.
Deffy

@Deffy
You’re going to have to explain how the images were public then in the first place, because I’m fairly sure the site didn’t hack them out from the artist’s computer.
 
i dont have to explain annything to you, suddenly you cant find a source and you go like, well explain me.. instead of helping me out, you’re throwing gasoline on the fire… how is it going too help me out explaining you the problem, if i know in the end you will just put on the cassete and put it on repeat and say the same thing all over again untill the artist gets time too delete it, whats the point seriously? .. give me one very good argument instead of a cheap one..
The Smiling Pony
King Sombra - Celebrated the 10th anniversary of The Crystal Empire!
A Lovely Nightmare Night - Celebrated the 12th anniversary of MLP:FIM!
Princess of Love - Extra special version for those who participated in the Canterlot Wedding 10th anniversary event by contributing art.
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A Really Hyper Artist - 500+ images under their artist tag
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Verified Pegasus - Show us your gorgeous wings!

Somehow Omnipresent?
@Deffy  
Sheesh, you’re wound up tight.
 
I’m curious of where the images came from; you say only you or the artist could have ever posted them anywhere, so… where did they come from?
 
And I don’t have to give you any arguments or time, could have just nuked your account and made the site inaccessible to you hours ago. This whole thread is mostly people trying to help you, and your attitude is certainly not helping.
Deffy

excuse me for my attitude, but you have too understand i am upset with all thoose questions and feeling like it doesnt help.. look you really wanna know the story? i shared them with what i thought was a good friend, and he started being pushy on and being uncomfortably rude at some point… he probably shared the pictures too get back at me and theres nothing i can do then just see how it got uploaded, now happy? are you gonna tell me now i shouldnt of have shared them that i should of keept them for myself? well thank you its something ive allready know, nothing i can do.. i only get punished more for then actually being helped, really feels great too have too say this. and i bet they still will not get removed.
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@Deffy  
People are actually trying to help you and explain how the thing with commissions here works, and you being all defensive and assuming we’re all here to trash you is not helping things in the slightest. If you just stated that the pics were mistakingly labled as MLP and that the artist corrected them then we wouldnt be in this situation in the slightest.
Deffy

@Deffy
Sheesh, you’re wound up tight.
I’m curious of where the images came from; you say only you or the artist could have ever posted them anywhere, so… where did they come from?
And I don’t have to give you any arguments or time, could have just nuked your account and made the site inaccessible to you hours ago. This whole thread is mostly people trying to help you, and your attitude is certainly not helping.
 
thats all i got to say, thats all there is too it, soo i hope i didnt explain for nothing.
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