poor sad pony… give her colors back!

(The free use pencil)

Suddntly the free use law appers!  
“Yes they are! Unless their maker says otherwise! Or they are given credit and are given permission via maker, copyright has nothing on this, right?”  
Great now I need to brush up on copyright laws, Wikipedia time!  
i am awful at memory

The dark history of mlp

I don’t see how someone attempting to emulate, without actually copying, another artist is a problem. More, the fact that someone would try out another’s style should be endearing, as it implies that the emulator holds artist in a high regard. Everything humans create is itself necessarily a derivative of others’ works, except for persons or people who are isolated entirely from a specific culture. To be mad about trying out another’s style like this, when there was no monetary gain, would be equivalent to Hasbro shutting down all Brony content, since all art on derpibooru is necessarily a derivative of My Little Pony. Additionally, the attribution of inspiration clearly explained what did what, and from whom the what came.
 
Being that the pony shown is currently not a specific OC, my point should stand. I will contend that an “original character” would provide counterargument, but it would have to be transitive–the original character may be a pony, but at any time Hasbro could claim infringement because the character is represented as a /My Little Pony/. The problem here is in that the artist would be hypocritical in expecting prior permission for upload, because they did not seek permission from Hasbro to use their art style’s likeness.
 
This would be a meta-fanart, as a fan made art of another fan’s art, and to clamp down on it seems hypocritical and therefore unjust.

@mjangelvortex when I first commented on that picture xbi did, he could have sent me a private message and we could have spoken about it.
 
In fact if XBi still wants to, we can come to an agreement, and he can upload a picture of my oc. @Xbi I see you have a DA account, find me on DA under the name of Candy-Heart58 and we can have a chat and come to an agreement.

@Candy_Heart  
@xbi  
I think the both of you are right and wrong in different ways.
 
Candy Heart never said anything about jealousy so saying so is straight up slander. While I don’t agree with Candy Heart’s request to remove the picture, you could have easily redone this picture with another character (like a canon character like I suggested) instead of being petty and trying to paint Candy Heart out like a villain like in this picture. I understand your feelings may have been hurt but that’s uncalled for.
 
But Xbi also has a point that the two images are not the same. The positioning of the heads are different, the shape of the legs are different, the shape of the ears are different, the shape and positioning of the eyes are different, and even the styles used for coloring both pictures were different.
 
I don’t think Xbi traced from Maren’s original picture. Instead, Maren’s picture was used as reference. So that would mean that Xbi drew this by themselves on their own (and it may have very well taken a while to make). So I can understand why Xbi might feel hurt when you requested for the picture to be taken down. This person liked your OC, made art of it, and you get upset and tell him to take it down. I’m sure if you were in their shoes, you’d feel bad.
 
Not to mention, Xbi did credit Maren (with links) in both uploads. Which is a hell of a lot more than what some other artists do since I know quite a bit of them don’t even bother crediting other artists that they refrence.
 
Also, I think the two of you could have delt with this in a more mature manner than this. You probably could have just perhaps tried talking things over and come up with a compromise through private messages. That would have been better to go about this I think.

@Candy_Heart  
The point is xbi here liked your OC so much that they decided to make art of it without being asked, meaning you got it for free. I fail to see the issue.

@Candy_Heart
 

Nope, it is not the same. Easy to see with bare eyes, even easier if you overlay one image above the over.  
For example, far legs (right hindleg and right foreleg) don’t touch on picture.  
The result image is lineless, maren’s picture have lineart contour.  
Body legs have different anatomy. Face shape is different.  
And there are ton of more subtle differences.
 
Yep, they are quite similar, and you could complain if it was paid comission, but it was for free. So why to be annoyed if you don’t pay. Even if you don’t like the result for any reason (the similarity to existing, bad drawing, anything), i made it totally for free. We didn’t had contract and paid obligations.
 
Yes, I reused some solutions from maren’s art, but I think I properly credited it as main source of information, and don’t claim my pic is totally original drawing.

I find it quite amusing that your trying to pin the blame on me saying I’m the bad guy. I didn’t give you permission to post that drawing, because its basically the same as marens picture. Also I was never jealous that’s a big lie, “annoyed” was the word I used. All you had to do was change something about the picture so it didn’t look like you had copied it off marens picture.

Someone’s salty.

@xbi  
I’m aware. Some people do unfortunately copy byte-to-byte by tracing. I’ve seen it happen before. Then there’s people who actually just literally take another artist’s work without changing it at all, and then claim that they made it. Those are the cases I’m talking about.
 
And I agree with you. If someone were to draw you, they wouldn’t be stealing you. I really don’t agree with what that person did to you in regards to the image. I really don’t. The original one you drew was beautiful.

@mjangelvortex
 
It is pretty hard to judge about stealing except the case when art was copied byte-to-byte as whole. Sometimes little edits like cropping part or combining two arts together or adding funny text or adding MPEG compression artifacts can create something new, hilarious and original.
 
If every pixel of new drawing was created with brain/eyes/hands it makes judging “what is copy” even more complicated.
 
Judging about character copying is VERY hard for mods and very subjective and subtle. For example, if I combine Diamond Tiara mane with colors from Princess Cadence or Pinkie Pie and bows placement from Rainbow Stars I will get pretty similar character appearance.
 
 
Also drawing an object (character) is not stealing the object. If someone make photo or draw me this is not stealing me.

@GenericArchangel  
No they don’t. I’ve seen tons of stuff get taken down and put on the DNP list all the time. If an artist (or in this case a person with an OC) doesn’t want a specific work of art up or has a complaint about art theft, they can ask a mod to take their art down.
 
(I’m not saying Xbi is an art thief, I was just using that as an example.) It’s unfortunate when this sort of thing happens since a lot of talented artists often get their art removed here, but ultimately it happens sometimes.
 
@xbi  
I can think of a way to make a happier version of this without using that person’s OC. You can ask other people if they want their OC here (kind of like a “your character here” commission). Or alternatively, pick a canon pony to draw in this spot. You can even pick a G1 pony since they often had bows on their body like the original did.

@GenericArchangel  
Thx!

@xbi  
That makes more sense. Nice art, by the way. Watched!

@GenericArchangel
 
 
I decided that if oc owner is angry he got extra drawing for free then there is no reason to keep the drawing. So it was my request.  
Also i was striked with the idea how to modify OC art to remove OC design and add story about this to the image

@mjangelvortex  
So the image got taken down? That doesn’t sound like the Derpibooru I know, the mods normally let things like that stay up.

Wait wat  
This makes no fucking sense  
If some other artist drew my oc for free and it looked good I wouldn’t complain  
And you’re paying an artist to support them.. so it’s just like.. if you feel you NEED to pay someone to draw an oc that’s not true.. you’ll find lots of artists that might do it for free

@mjangelvortex  
So someone’s being a copyright stickler with their OC… Don’t think I’ve seen that since Suzy Simpson and Lisa Squared…

@Wiimeiser  
Yes and no. I saw the incident that happened.
 
Xbi drew the OC Candy Heart using another drawing of her as reference (the one made by Maren that was in the picture). The owner of Candy Heart was upset and very angry that Xbi drew her OC without her permission.
 
I more or less said something like, “If people made art of my OC like this, I would be happy. But if this really bothers you, then you should report it to a mod.”
 
She then said that she was angry that she had to pay to commission Maren only for someone to “copy” it for free like this.

@Wiimeiser
 
I have asked about image takedown, this is my decision. Because OC owner is not happy that they were not asked before the drawing. Also they were not satisfied with crediting the original maren’s picture that was used as source for some design decisions (mane shape mostly).
 
I think that the picture that tells that story is even more interesting than the deleted art. And is more interesting than just arguing about my freedom to draw/modify everything I can see.

What happened here? Did someone request an image takedown because it had an OC who looked like their OC in it? Because that’s what I’m getting.

Shame the old one was reported. I liked how it looked.