Art Plagiarism Case: yakubenko

in #antiabuse5 years ago (edited)

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I was admiring the multitude of works within the tag art, when I saw this beautiful drawing ...
I said to myself "what a fantastic composition" "certainly is plagiarism".

and guess what?

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oooo man its its the same!!!!

look at how fresh dew flows on the left and right

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some small details in his previous posts

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could you use your energy to mention the sources? what do you think about it?

"Congratulation for your art" @yakubenko

This is ilGiaguaro,
Reporting directly from the jungle.
Onwards!

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do not worry! you do everything right! You're good at it, keep up the good work!
I wish you good luck in your creative work, draw more such beautiful women! I like the way you paint the flowers!

@daio many thanks kristina!

иди к черту, глупый

The photograph you used as a reference is a copyrighted photograph by a professional Italian photographer, to monetize derivative works of said photograph you need the permission of the author, which you didnt even credit, let alone get permission to monetize derivative works of her photographs.
That author could pull a DMCA request to have the page of your post pulled from steemit, and could also sue you for copyright infringement.

you can copy from any image you believe better, but we are always talking about copying

this is not a copy! This is a portrait! Anyone who wants to can draw this girl in the photo, I can also draw her. This is not someone's idea! This is a portrait!

mention the source?

She should not indicate the person she is painting! She does not draw from a drawing, she paints a portrait of a woman from a photograph!

then has her consent?

Not! the one who does not want her to draw, does not send his photos in the social network! This is stupid! Maybe the tree does not want me to draw it? Do I need the consent of a tree or a statue?

In the case of a copyrighted photograph, as is this case, the user needs permission from the author to monetize derivative works, and also credit the author of the photograph.

I don't see any plagiarism.

The photograph is copyrighted, hence, the user needs permission of the author to monetize derivative works, you should know this as a SteemCleaner, the author could easily pull a DMCA on steemit for this, and you know it. Additionaly the author of the photograph is not even credited, so yes, its plagiarism.

ok.... but it is obvious ..
she herself posted the photo not having cited it ..

look explain again! I have painted @ned
I painted him according to his photo!

it was also drawn by other Steemit users!

and many more artists painted him. Is it plagiarism?

In that case no, cause that photograph of Ned is not known to be copyrighted.

hhaha) he didn't let me draw it

he is clearly not the author of the photograph of himself, and that photograph is not known to be copyrighted, as is the case with the photograph of the girl with the leaves.

If we are to denounce every artist that copied the Mona Lisa...

This is not the monalisa, in that case the author is obvious and doesnt need to be cited, additionally the author is dead, in this case the author is a living professional photographer that makes a living out of her photographs, the author was not credited and the user doesnt have permission to monetize derivative works from the photograph. @ilgiaguaro is right

Plagiarism is when a work is copied as it is (photo vs photo). Inspiration from other people's work is different and is not plagiarism.

Plagiarism is taking the work of others and passing it as your own without crediting the authors. In this case the photographer created his work of art/composition, the user's work is completely based on the work of art of the photographer, a derivative work, and she doesnt credit the author, hence, its plagiarism.
The work being in a different art medium is irrelevant, since its clearly a derivative work regardless of the medium.
Additionally, she doesnt have permission to monetize derivative works of that copyrighted photograph, so she is also infringing copyright law. This can easily result in a DMCA takedown notice, and you as a witness should know this.

Try to enforce copyright law on a blockchain, IF it applies.

No he isn’t

the work is clearly derivative and the photograph is copyrighted, so the user needs permission to monetize said derivative work, we are attempting to contact the actual author of the photograph so that you all hear it from her directly.

That’s great. Have fun with that.

and if a person is dead, for example a singer, then can one appropriate his songs?

the author being dead only changes the fact that you cannot get permission from him/her directly. if you sing a song passing it as your own that is someoneelse's then that would be plagiarismregardless of the author being dead or alive, plagiarism is passing the work of others as your own.

copyright on a photo, my art is not considered a photo!

whatever the medium you make your art is irrelevant, it is still a derivative work. the copyright of the photograph covers all derivative works in any medium.

Photo copyright! Nobody gave a photo of his own!

what a great thing is that he blames people! Let him first study the human rights! Why is he insulting me! ? I have the right to draw a portrait of this girl! All artists have the right to paint a portrait from a photograph!
I draw a portrait from the photo!
you're wrong! Remove the flags!
This is called a reference!
All artists can paint on this photo!

Yes, thats the picture you used as inspiration/reference/x, that photograph is by an Italian photographer named Marta, and is copyrighted, if you dont have permission from the author you cannot monetize derivative works of that photograph, additionally , you didnt even credited the author of the photograph.

I draw a portrait from the photo!
you're wrong! Remove the flags!
This is called a reference!
All artists can paint on this photo!

If you do not understand human rights, then do not stick your nose in what you are stupid!

No, no artist can use this photo as a reference to monetize derivative works without permission from the author, since the image is copyrighted.

This is my right to draw a portrait of a man from a photograph!
I can not forbid other artists to paint on the same photo!

I am waiting for an apology for your insults!

You will not receive any apologies, what you will receive is proof that you dont have the permission from the author of the photograph to monetize derivative works. We are already in contact with her.

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