Tracing, and its legalities

So, interesting fun fact I found out today, everyone; Tracing isn't illegal.

You read me.

Here's an example of a professional who avidly traces, making a living off of it. www.crunchyroll.com/anime-news… He worked for some anime called Muv-Luv, and there was a controversy over whether or not he traced. They even went as far as to overlay his work with the works they believe he traced from--direct match, no difference save for hair and one of the character's eyes.

Do you think he was sued? No. Jailed? Double no. He was fired, though it was stated to be solely as a public relations move--too many people got upset over him being found to have traced. But others have had the same happen to them. That same blog has a comment that mentions another artist, found tracing, who was fired--then hired by another company soon afterwards. It didn't ruin his career at all, merely set him back a bit. As long as you aren't copying the CHARACTER, no one cares.

What's more is, names, exacting outfits, and many other things cannot be copyrighted. I could make a guy with spiky blonde hair, whisker scars on his face, blue eyes who wears orange named Naruto if I want--not plagiarism as long as he isn't from a town called Konoha and has a demon fox within him. Hell, before they posted Shippu! Gakuen-den, I could have written my own high school version of Naruto and sold it. Completely legal. The question becomes will it be boycotted because of obvious idea theft. What's the point of making something everyone will hate and no one will read, no matter how good it is? But keep in mind, the term 'idea theft' is imaginary and opinion only--not fact.

This is why dA allows tracers. This is why you're allowed to make prints of traced work. This is why the only thing that happens to someone if they trace your work on dA and you freak about it is they get the work removed. They don't get banned. No where near. They also don't even get scolded and told it was wrong. They merely get told it was removed, and why. I know--several years ago, I was accused of tracing a piece without permission, and I contested it--it was reinstated after it was checked out, but I got the static 'you traced' message to tell me it was removed. The reason is, as this is an art site, they mostly keep within the laws of art. You can't sell fanart because the character belongs to a company, and that IS illegal.

So, keep this in mind when you post your drawings online. Not only can you trace, but so can others; and just because you don't doesn't mean they don't.

Me myself, I have no problem with tracing, as long as credit is given. And being one in a largely growing genre of 'mimicry artists', I have been accused of tracing, even when people see my sketches, on paper much too thick to see through, and have witnesses I drew it free hand (not to mention the actual recording I had on youtube of myself freehand drawing s sketch from a pose.).

But many artists exist on dA that reference and don't give credit. If it's only a reference, most don't care if you cite it, or even admit you used one. I know I've thought of removing my credits for references (save for the ones where I promised I would credit) because of judgmental loudmouths that do more harm than good. (I won't name names... ) How many more must trace and also not...?