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totorochic's avatar

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As stated in the main Mini Shops sticky, commercial images are not allowed in anything you sell without explicit permission from the people that own them.
E.g.
  • If you wanted to use an image with Sarah Michelle Gellar as Buffy, you would need to contact Fox.
  • If you wanted to use an image of Naruto, you will need to contact Kishimoto Masashi, Scott / Shueisha - TV Tokyo -Pierrot.
Just stating "I did not make this, this belongs to Fox" is not good enough. This also includes offering to use images customers want you to use. This is also applicable to non-commercial images that you do not own. E.g. fanart or drawings your next door neighbour did. Permission is required from the person who drew them. If you drew fanart, then you can use that.

Shop samples should reflect what you're selling. If your samples show copyright images, then you should explicitly state that you will not use such images in your actual images. Better yet, make samples which don't have copyright images.

You are allowed to use drawings you made yourself, photos or art you have gotten permission for. Permission must be shown in clear text. Note that the admins have given permission for users to make and sell items containing Gaian graphics. So feel free to use avatars, the Mochi puppy etc.



In short, you CAN:
  • Use drawings including fanart you made yourself

  • Use drawings including fanart that others have drawn if you have their permission

  • Use images off Gaia, e.g. official Kiki images, banner images, NPC images etc. This includes the usage of any Gaia avatar makers as they utilise Gaia's graphics.

  • Use drawings, stocks etc for your own personal use or for others for free. You must not charge them anything in this case. Please make such shops in the Art Freebies sub-forum.

  • Use brushes available in software programs such as Photoshop and Paint Shop Pro. If you download extra brushes, it is preferred that you credit and link back to where you got them from.

  • Use fonts available in software programs such as Photoshop and Paint Shop Pro. If you download extra fonts, it is preferred that you credit and link back to where you got them from.

  • Use public domain images (it is preferable to link back) , e.g.
    - http://www.publicdomainpictures.net/




You may NOT:
  • Use banner makers, blinkie makers or any other makers, except Gaia avatar makers since they make use of Gaia's graphics.

  • Use or offer to use images eg. anime, movie, game characters without permission from the copyright holder or the artist who drew them. Just stating "Images owned by Fox" or similar is not good enough.

      - this includes scans, screenshots or other similar images, even if you took the screenshot yourself or bought the book/magazine etc that you scanned the image from, you STILL need permission.

      - this also includes sites such as animewallpaper.com or animerender.com. You need the permission of the artist/company that owns it. Just because it's free to download does not mean you can make a profit off of them.

  • Use stock images without permission from the person who took them

  • Use any photobucket, google or other similar images without permission of the artist/company that owns them. Asking the person who uploaded it does not count as they do not have the authority to give you permission, unless they made the image themselves.

  • Use traced, copied or eyeballed images




We encourage users to sell items which they have made themselves 100% in Mini Shops.

Please help moderators out by reporting shops which are misplaced or which violate the rules. More information here:
http://www.gaiaonline.com/forum/viewtopic.php?t=22241663

Please refer back to this for clarification and other rules which apply:
http://www.gaiaonline.com/forum/viewtopic.php?t=38187195

Relikk
This Announcement thread is open for users to post in because some may have legitimate questions about how to avoid breaking the rules.

It is not open for the sake of debating about the rules or complaining amongst yourselves.

The reasons for the rules have been stated. The moderators and admins, having many different backgrounds and viewpoints, have put a great deal of thought into the rules. Any well-contrived example, analogy, or criticism that you can think of has been brought up and been dealt with behind the scenes, and therefore the rules are not up for questioning or debate. It is simply unproductive to argue.

The administrators and mods want Gaia to be a friendly place and wish to be as helpful and understanding as possible. The staff welcomes feedback, in the feedback forum.

If you continue to use this thread to complain about the rule and argue, the thread will be locked.

Questions about how to follow the rule, and is your shop OK, are welcome.
Marmarmary's avatar

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Thank you <3
Thank you for the helpful information...
JauntyGhost's avatar

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Quote:
No whole graphic, icon, sprite, or other image, that is found on the internet, or another source, and is not your work, may be sold in minishops. No part of it may be traced, copied by eye or copy & pasted to be passed off as your own work.
Question: What if we bought an artbook of anime, or character work? If we can quote the copyright info, is this acceptable? It is technically our art then, since we purchased it.
totorochic's avatar

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jealousghost
Quote:
No whole graphic, icon, sprite, or other image, that is found on the internet, or another source, and is not your work, may be sold in minishops. No part of it may be traced, copied by eye or copy & pasted to be passed off as your own work.
Question: What if we bought an artbook of anime, or character work? If we can quote the copyright info, is this acceptable? It is technically our art then, since we purchased it.
No because buying an artbook does not entitle you to distribute its contents for profit, even if it is virtual profit. You would need to contact the copyright holders.
What about if the illustrator says that the picture/s may be used as long as you give them credit for it in the sig/banner/tag. Like putting their name in it.
What about wallpaper commissions? Ones where you're not selling the wallpaper itself, but the time and effort required to make it, since the wallpaper will not be "owned" by anybody. Credit would, of course, be given to the original artists/owners if required, as with every wallpaper I've made.
thanks for the the info 3nodding
totorochic's avatar

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Akai.exe
What about if the illustrator says that the picture/s may be used as long as you give them credit for it in the sig/banner/tag. Like putting their name in it.
Best to make sure by asking as the context of using it to sell means you profit from their work. Most illustrators insist that their work not be used in a commercial environment and this counts as one.

Souyu no Phoenix: Sorry, using images you do not own to make wallpapers for Gaia gold is not allowed. You may however make them for free for other people. Even if the wallpaper is not "owned", the sheer fact that you will be profiting from someone else's work makes this against the rules.
But I wouldn't be profitting from somebody elses work. I would be utilizing somebody else's work in making a piece that would be free to the public, and simply accruing gold from the person who wished to see one like it. So in effect, they'd simply be paying me to make something that they are unable to make themselves, and is free in any case. I fail to see anything even remotely resembling copyright infringement in that scenario.
@ Souyu no Phoenix: If someone elses work is inside the finished product and you haven't got permission from the creator of the images to use them and are then given gold to supply the image to whoever or whatever, or something along those lines, that would count as profiting from commercial images ^^; I usually say this because it's the safest: Just don't use images you didn't create yourself (with the exception of royalty-free stock photos), it solves all problems @.@;;
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If you're wanting cheap stock images, i suggest iStock.com
I'm a member =)
Thats fair.
Bravo! And now about this new theme..... sweatdrop

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