OmegaKaiserZed
Sam-DeanWinchester
OmegaKaiserZed
It all depends on these factors to me. And in order under fair use it needs to be at least more than 20% altered and this includes more than just the character itself.
If it's just him tracing the pose itself for use but adding in his own character features then it's not a problem. Specially if he uses different scenery. If there's one pose of Batman sitting on one knee behind a wall and someone takes that and simply traces the pose but adds in a different scenario like said character is on his knee in the middle of the road with the large visage of demonic entity looming over the city for visual effect, with a powerful demon army marching towards the character, then it's a fair use modification. You cannot copyright a pose because poses are a part of stock. You can only copyright the character making the pose. When we sit still we're technically posing in real life.
We also have to take into consideration what he's using the trace for. If he's using it and posting it to Deviantart claiming he made the picture and it's his, then it's possible to sue and win through the court case. If he's using it for educational purposes and practice, then you have no right to sure him because no one learns any art without using reference first and practicing it by getting a feel for it. Not everyone is a genius with photographic memory. Which is hardly ever the case. If ever the case at all since photographic memory is usually only fictional minus some unheard of miracles.
Also you have to take into consideration that maybe he asked for permission. Some people know how to contact other people for this.
The person wasn't tracing nor was the convo on a trace work. It was a artist(not involved what i was originally talking about) seeking advice on something. This is like the 2-3rd time explain this.
And this is the first and only time I'm going to explain this. This is a statement. I don't need to be making a reply that doesn't give my stance on tracing and copyright. Are we clear?
Dude, re-read my post. My reply wasn't disagreeing with your post or agreeing. I'm explaining the situation how this happened.
neutral