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RE: elephants and children

in #art5 years ago

You dont seem to be understanding us, not only do you need to start linking and showing the photographs that inspired your art, and crediting the authors, but you also need to make sure that those photographs are available to be used commercially as a derivative work, or get permission by the author to do so.
There are many photographs that are available to you to make derivative works of, but the ones you have been choosing are by artists(yes, photographers are artists) that chose to have all rights reserved, you need to use photographs whose authors chose to allow you to monetize derivative works of or get their permission to do so, if you fail to do so you are putting this whole platform at risk of receiving DMCA take down notices, which would be a great problem if it happened.
Please refrain from posting derivative works of photographs that are not free to use commercially in the form of a derivative work in the future,
Thank you.

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From the rules of the site from which @daio used a photo as inspiration for the painting in this post (translated from the Russian by google translate):

1.9 Posting. When creating a post, the User has the right to upload, publish, otherwise make information available on the site, thereby providing the Site Administration with a free, non-exclusive, worldwide license to use such information. The rights specified in this paragraph shall be transferred to the Site Administration for the duration of the exclusive rights to information in order to ensure the functioning of the website, the use of such information in promotional materials, including by bringing such promotional materials to the public. The site administration has the right to transfer the rights specified in this clause to third parties. The site administration is not obliged to provide the User with reports on the use of the information placed by him.

  1. We are talking about all the images she inspires her derivatives works from, not just this one.
  2. She is not the Site Administration of that site so the rights expressed there do not apply to her.
  3. Is the user that uploaded the image the author?
  4. What is stated in the message above still applies to the case reported by @ilgiaguaro
  1. Did the photographer get a release from the parents of the children in the image?
  2. Who owns the elephant and the rights to its image?

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