DNP list and OC's.

BatBatBatBatBatBatBat

Rules don’t say a single word about DNP list of OC’s, seeing how copyright usually applies to these, is there any procedure about removing them? If there is not, could an admin please message me?  
Thank you very much.
Anonymous #FE8A
I do own license of said arts
 
Wrong. You own a license to use (maybe), you do not own the artwork. If its not a registered artwork and there is no legal agreement to transfer ownership (signed by a notary) the artist still owns it.
BatBatBatBatBatBatBat

@Anonymous #FE8A  
I agreed with artists about me owning license of art and being able to use it however I wish, and do whatever I want with it. Despite that not being a legal contact that was made lawful by having a notary sign it, I do believe that if artist says that I own all the rights to art they drawn, and I can do whatever I want with it, I do in fact, own all the rights to art they drawn, and can do whatever I want with it.
Anonymous #9AA9
@BatBatBatBatBatBatBat  
Transfer of ownership means artist can’t even post art in own gallery. If artist posted it, you can reasonably guess it was a license, not a transfer of ownership.
Anonymous #9AA9
Is there a way to put an OC on DNP list, or is there not.
This is Derpibooru’s stance about it (quote from “Takedown Requests”):
Characters and character designs are not themselves subject to copyright, but instead could fall under trademark law as a protected mark if they are registered and used. This is not the case with any non-commercial characters, and so neither trademark nor copyright law lends protection to creators of “original characters” and their designs.
I would guess Ponybooru is the same.
BatBatBatBatBatBatBat

Ehhhh, I know it’s also a Booru, but at same time, rules do differ between the two a tad, so at the risk of sounding like an ass (Sorry for that.) I would prefer to make sure and wait for an admin/mod opinion.
Barhandar
Fried Chicken - Attended an april fools event
Artist -
Liberty Belle - Sings the song of the unchained (Cheeky Breeky)

The private response to the same thing (or rather, to demanding OC be taken down because “hurr durr dee en pee”) was written in a terrible-optics way, but basically boils down to “you hold no copyright and ponies are Hasbro’s trademark so by trying to claim copyright you infringe on Hasbro’s legal property”.
 
@CurtainedWizard, much better optics would be responding to that idiot with “You hold no copyright over characters unless expressly registered, and because pony belongs to Hasbro, no sane lawyer will do it. Character designs cannot be copyrighted. Derpibooru adding OC creators to description of the OC tags was a courtesy, [put here whether you’re willing to provide the same courtesy]. There will be no “OC” takedowns whatsoever, ask the artist personally to register and request a takedown on that specific picture if they’re willing to do so.”.  
Like, they’re an asshole, but you don’t have to also be an asshole to get them to reveal said assholery, and by destroying them with politeness you also give them no ammo while embarrassing them.
Anonymous #FF23
@Barhandar  
Jeez, I don’t know why you’re so hostile, and I’m not sure you’re posting in the topic you want to answer, but I just asked a question about property that in my eyes, I own, and as such, I do believe that I can do anything with it. Same as you can do everything with a bottle of water you bought in a grocery store. And as such, in my eyes, I can do everything that I like with it, I understand other people might have other views, but seeing as the site does not have anything in it’s rules about that, I preferred to ask. I just don’t see how any of that makes me an asshole though.
Osha
Liberty Belle - Sings the song of the unchained

Occasional Artist
As far as I’m concerned, “copywriting” an OC and doing so with your own art is entirely different. When it’s your art, you can at least argue that it’s your product that should be allowed to be advertised where you feel comfortable. Personally, I don’t care because my art is shit, so post away.
 
An OC is simply using a specific color combination of a design of someone else’s IP. it may not seem fair, but trying to copyright an OC is about the same thing as when the finebros tried to copyright reaction videos. You’re going to have a harder time convincing people to let you copyright an idea when it’s not your actual product. In addition, if you want to take down images of the character, how do you plan to prove that it’s actually your character? Can I claim filly Anon or Aryanne as my own character to have all of their art pulled down?
BatBatBatBatBatBatBat

@Osha  
As far as I see, if I paid for something that does not repeat anywhere else, and I had always made it clear with artist that I seek to use their artwork however I please, and that all rights to use it are within mine control, the case for me owning it is pretty clear. Same way as when you buy a bar of chocolate in a grocery shop, you can do everything with it, after all, you had paid for it, and you own it.  
This is quite different from finebros thing, as in that case, they tried to copyright an entire type of videos, whist in my case, I own but a single thing. It’s same way how you cannot take someone else video on youtube, upload it on your channel, and then get monetisation based on it. Whist the video follows a type that none can own, you still own your own video, as you have made it/paid for it being made. And as such, you just own it, based on spending your effort, either directly (creating it) or indirectly (paying your effort in form of tokens that you have got from other people by spending your effort on their wishes.)  
As far as proving that it’s my character, simple, you can contact an artist who will tell you as much as I had, or you can contact commissioner using info they always leave in description.
 
But, all of this is offtopic, and not really even about the point.  
I don’t wish to block everything of my OC on this website for being featured here, as I know that is pointless, just as I know about Streisand effect, and if I would actually DNP my character here, I do know that there would be a lot of arts with them in it created, (which, if you want, please, go ahead, I’d love to get freebies.)  
I however wish to have control over few arts that I wish to use elsewhere. It’s just that, I believe some here might think that is some ideological struggle, it is not. I just wish to have that few arts to use elsewhere, and as such, I want to have control over them.
Osha
Liberty Belle - Sings the song of the unchained

Occasional Artist
@BatBatBatBatBatBatBat
 
I think the difference of opinions is going to revolve around who has more rights to the depiction of the character, the artist or the OC “owner”. I believe it’s obviously the artist, and if the artist requested the art to be removed I would probably support it. If the artist wanted a DNP takedown on their art but you wanted to keep your character up, you would likely not be granted the right to override their decision.
 
As much as you’d like, you have no actual rights over the character, any more than other artists have no rights over, say Applejack as a character.
 
However, I can’t speak for what the staff actually wants to do to handle this, and would really appreciate a straightforward, not smart-assy response from them on this, to set the record straight. My opinion is that it should follow the same policy as Derpi in this regard, but it’s not my, or your, decision to make.
BatBatBatBatBatBatBat

@Osha  
Again, I do not wish for this conversation to turn hostile either, please.  
As I said, I just wish to hear from staff if rules here differ from Derpi, if they don’t, well, that’s that, if they do however, I’d like to know how they approach this topic.  
I do believe we all could pointlessly throw words at each other, but this is a matter of philosophy more then anything else, so I’d like to avoid that.
Osha
Liberty Belle - Sings the song of the unchained

Occasional Artist
@BatBatBatBatBatBatBat
 
Yes. Sorry if I appeared hostile, despite my personal opinions, it’s more important to see the staff develop the rules. Clarification can only help.
 
Maybe I shouldn’t have bothered saying anything, but it’s too early to care
Anonymous #9AA9
If the artist wanted a DNP takedown on their art but you wanted to keep your character up, you would likely not be granted the right to override their decision.
If that was commission, then your information is wrong. He can’t takedown, but he CAN keep commissioned work up. Rule #2:
For art that was commissioned , commissioners are exempt from DNP, but only for commissioned pieces.
CurtainedWizard
Rampant Alicorn - The majestic steed of a blessed crusade (Princeps Seraphim)
Rampant Squirrel - A ferocious friend, here to bear witness to the apocalypse
Liberty Belle - Sings the song of the unchained (As the last toll rings)

Devops
The Eponym
I did not handle the situation with Tekkaman18 as well as I could have, and I’ll freely admit that. And I apologized to them. But that morning my sleep deficit was catching up to me, and later that day I ended up nuking the entire root filesystem of the VE this site runs on because Z was pushing for a prod code update. So clearly I’ve gone too far into the red energy wise. Anyway, I’ve noticed this trend that even once a situation is resolved or an apology issued, it’s never ever mentioned by the Twitter crowd. And so far I mean 100% across the board, so I consider that duplicity and I want nothing further to do with it.
 
So on that note, I will glady let our PR staff present face on this issue, because frankly I want to get back to the machines and the code, where things make sense and I don’t have to deal with those hoping to turn every encounter into social media clout.
BatBatBatBatBatBatBat

@CurtainedWizard, excuse me, but I don’t honestly really follow about any twitter drama that anyone has, I know that there was something about censorship on derpi, and something about someone being mean, but I don’t really follow how any of that is related to this? I also don’t really follow/understand any of your techspeak (sorry, not a code-person here.)  
But, returning to my point, I guess what you’re saying is that some other admin/mode will clear this up here, orrr?
Osha
Liberty Belle - Sings the song of the unchained

Occasional Artist
@Raptorshy
 
Is there an existing thread that lists changes to site policy in general? I hate to be spoonfed but it would be nice if there was someplace where these clarifications are announced in general. A thread locked only to moderators that listed rule changes, kind of like the mod audit except for policy, perhaps? I’m not sure where is best to follow these things other than checking the list regularly or waiting for someone to bitch on Twitter about them.
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