Stolen profile pic

MoonblazeDraws

(removed by moderator - please don't name and shame) This user stole my profile pic without asking me… I don't know what to do. I asked them to not use it, but I don't know if they'll stop. I want my profile pic to be my own, and I don't want anyone else to use it. This doesn't really fit in with the topic, but I couldn't find anywhere else to ask for help ;w;

Last edited by Paddle2See (July 4, 2017 19:32:02)

when green flag clicked
wait until <the sun is a deadly lazer>

Auroura_Wolf

MoonblazeDraws wrote:
-removed by Auroura_Wolf, naming and shaming (sort of)- This user stole my profile pic without asking me… I don't know what to do. I asked them to not use it, but I don't know if they'll stop. I want my profile pic to be my own, and I don't want anyone else to use it. This doesn't really fit in with the topic, but I couldn't find anywhere else to ask for help ;w;

Did you make the profile picture yourself, and specify in your profile that others should not use it? If not then I don't really think there's much to do, just wait for them to respond. If you said on your profile before this happened that nobody should use it, maybe you should report them?

Last edited by Auroura_Wolf (July 4, 2017 20:02:51)

My alt account, where I upload nothing (much like my main account)
I play video games and sometimes do other things. I don't really make anything on Scratch anymore, but I'm relatively active on the Undertale and Deltarune forums.
Click this. Or don't.

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qui officia deserunt mollit anim id est laborum.

;

scrooge100

don't name and shame

LionHeart70

This isn't really the place to call someone out..

lh70 / nora/tobi / she-they pronouns / pansexual-demisexual / 14 / sagittarius / furry / artist / intp / stop-motion films / lbp / fall out boy / panic! at the disco / twenty one pilots / stranger things / a series of unfortunate events
“When you have a bad day, a really bad day, try and treat the world better than it treated you.” -Patrick Stump
“Music seems to hold everything together. It seems to make things not so chaotic sometimes. It seems to make things make more sense sometimes.” -Tyler Joseph
“You'll fear your fears forever if you never do things you're afraid of.” -Josh Dun
“I'm still figuring out who I am, but I know I'm not who I was.” -Brendon Urie

MoonblazeDraws

I know this isn't the place to call someone out, and I did make the profile pic myself and I did specify that I don't want people to use it. I'm sorry I gave the link to the person's profile, I really shouldn't have done that.

when green flag clicked
wait until <the sun is a deadly lazer>

asivi

You are the creator but not the owner actually. However i think the scratcher who did it is acting unfair way.

MoonblazeDraws

Why am I not the owner? I'm not trying to talk back to you or be rude, but I'm oblivious and I don't quite understand what you mean ;w;

when green flag clicked
wait until <the sun is a deadly lazer>

LionHeart70

MoonblazeDraws wrote:
I know this isn't the place to call someone out, and I did make the profile pic myself and I did specify that I don't want people to use it. I'm sorry I gave the link to the person's profile, I really shouldn't have done that.

It's fine, I've called people out before when I was younger, we all do things like that.
Try asking the person not to use your icon.

lh70 / nora/tobi / she-they pronouns / pansexual-demisexual / 14 / sagittarius / furry / artist / intp / stop-motion films / lbp / fall out boy / panic! at the disco / twenty one pilots / stranger things / a series of unfortunate events
“When you have a bad day, a really bad day, try and treat the world better than it treated you.” -Patrick Stump
“Music seems to hold everything together. It seems to make things not so chaotic sometimes. It seems to make things make more sense sometimes.” -Tyler Joseph
“You'll fear your fears forever if you never do things you're afraid of.” -Josh Dun
“I'm still figuring out who I am, but I know I'm not who I was.” -Brendon Urie

asivi

MoonblazeDraws wrote:
Why am I not the owner? I'm not trying to talk back to you or be rude, but I'm oblivious and I don't quite understand what you mean ;w;

I mean that by publishing in this site any creation of your own you are accepting to be used by any other Scratcher
https://scratch.mit.edu/info/faq#remix
The link above doesn't say anything about profile thumbnails but i suppose the terms for projects applies too.

I forgot, of course you are the owner. Sorry for saying the opposite before.
Regards.

Last edited by asivi (July 5, 2017 20:47:52)

Blaze349

asivi wrote:
I mean that by publishing in this site any creation of your own you are accepting to be used by any other Scratcher
https://scratch.mit.edu/info/faq#remix

That legally only applies to projects. It doesn't apply to comments, posts or thumbnails.

MoonblazeDraws wrote:
(removed by moderator - please don't name and shame) This user stole my profile pic without asking me… I don't know what to do. I asked them to not use it, but I don't know if they'll stop. I want my profile pic to be my own, and I don't want anyone else to use it. This doesn't really fit in with the topic, but I couldn't find anywhere else to ask for help ;w;

If you created the thumbnail yourself, then you legally possess the copyright for it. If someone uses your profile thumbnail without your permission (except for fair use) then they have broken the law (at least in US, AU and UK).

This isn't legal advice. Please don't hold me accountable for anything.

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Checkingball

MoonblazeDraws wrote:
I know this isn't the place to call someone out, and I did make the profile pic myself and I did specify that I don't want people to use it. I'm sorry I gave the link to the person's profile, I really shouldn't have done that.

This kind of upsets me, because you are both guilty. They are guilty for doing something you obviously told them not to do, and you are guilty for naming and shaming and not knowing that anything posted on scratch is considered Creative Commons fair use. Sorry if I offended you but this is how it is. Hopefully they will change it upon request, but otherwise, I'm really sorry.

footsocktoe

MoonblazeDraws wrote:
(removed by moderator - please don't name and shame) This user stole my profile pic without asking me… I don't know what to do. I asked them to not use it, but I don't know if they'll stop. I want my profile pic to be my own, and I don't want anyone else to use it. This doesn't really fit in with the topic, but I couldn't find anywhere else to ask for help ;w;

Profile pics are shared. Sorry.

There isn't any way to make it “just for you” even if you made it yourself. There are several copycat accounts of footsocktoe that use my profile pic.

Last edited by footsocktoe (July 6, 2017 07:21:27)

SHOOT THE SPACE MONSTERS! ….. A game everyone can play! Bright colors, bonky sounds!
THE 12 BALLS OF CRAZY AL ……. New scrolling adventure game!

Blaze349

footsocktoe wrote:
Profile pics are shared. Sorry.

There isn't any way to make it “just for you” even if you made it yourself. There are several copycat accounts of footsocktoe that use my profile pic.

@MoonblazeDraws still owns the copyright to it according to here.

Visit Christian HQ.

footsocktoe

Blaze349 wrote:
footsocktoe wrote:
Profile pics are shared. Sorry.

There isn't any way to make it “just for you” even if you made it yourself. There are several copycat accounts of footsocktoe that use my profile pic.
@MoonblazeDraws still owns the copyright to it according to here.

It doesn't matter. She published it on a sharing site. The act of publishing it on Scratch means she was agreeing to the rules governing Scratch and those rules are that everything on Scratch is shared among all Scratch users.

If she wants to preserve her copyright, then she should only publish it on sites where the copyright is preserved.

SHOOT THE SPACE MONSTERS! ….. A game everyone can play! Bright colors, bonky sounds!
THE 12 BALLS OF CRAZY AL ……. New scrolling adventure game!

Viiceroy

footsocktoe wrote:
Blaze349 wrote:
footsocktoe wrote:
Profile pics are shared. Sorry.

There isn't any way to make it “just for you” even if you made it yourself. There are several copycat accounts of footsocktoe that use my profile pic.
@MoonblazeDraws still owns the copyright to it according to here.
It doesn't matter. She published it on a sharing site. The act of publishing it on Scratch means she was agreeing to the rules governing Scratch and those rules are that everything on Scratch is shared among all Scratch users.

If she wants to preserve her copyright, then she should only publish it on sites where the copyright is preserved.

The rule governing the sharing between the whole community does not apply to material created specifically for the use of a single group or user, as those guidelines are meant solely for officially-submitted projects and coding. Regardless, as stated by the Creative Commons license that the site holds its users to, reproduction and/or duplication of user-generated content requires appropriate credit given to the creator, a link to the corresponding license or policy, and indication if changes were made to the original.
All formalities aside, the most agreeable course of action would be to contact first the offending user and request that they remove the content, and if said user does not accommodate, contact the Scratch Team and ask that they remove the content for you.

Blaze349

footsocktoe wrote:
If she wants to preserve her copyright, then she should only publish it on sites where the copyright is preserved.

Terms of Use wrote:
4.1 For the purposes of the Terms of Use, “user-generated content” includes any projects, comments, forum posts, or links to third party websites that a user submits to Scratch.[
4.4 You may only submit user-generated projects that were created with (1) the Scratch website editor or (2) an unmodified copy of the Scratch editor compiled from the source code described in Section 5.3. You may not upload any projects that were created, by you or by anyone else, with a modified version of the Scratch editor.
/quote]

It legally doesn't work that way.

Last edited by Blaze349 (July 6, 2017 21:54:48)

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footsocktoe

Blaze349 wrote:
footsocktoe wrote:
If she wants to preserve her copyright, then she should only publish it on sites where the copyright is preserved.
Terms of Use wrote:
4.1 For the purposes of the Terms of Use, “user-generated content” includes any projects, comments, forum posts, or links to third party websites that a user submits to Scratch.[
4.4 You may only submit user-generated projects that were created with (1) the Scratch website editor or (2) an unmodified copy of the Scratch editor compiled from the source code described in Section 5.3. You may not upload any projects that were created, by you or by anyone else, with a modified version of the Scratch editor.
/quote]

It legally doesn't work that way.

It legally doesn't work what way? I don't understand the point you are trying to make.

The laws regarding copyright include your ability to sell, transfer, or give away your rights.

For example, when you write a novel, if the book publisher buys all rights, then you no longer own the copyright to your own novel and the publisher can make as many copies as they want.

SHOOT THE SPACE MONSTERS! ….. A game everyone can play! Bright colors, bonky sounds!
THE 12 BALLS OF CRAZY AL ……. New scrolling adventure game!

Blaze349

footsocktoe wrote:
Blaze349 wrote:
footsocktoe wrote:
If she wants to preserve her copyright, then she should only publish it on sites where the copyright is preserved.
Terms of Use wrote:
4.1 For the purposes of the Terms of Use, “user-generated content” includes any projects, comments, forum posts, or links to third party websites that a user submits to Scratch.[
4.4 You may only submit user-generated projects that were created with (1) the Scratch website editor or (2) an unmodified copy of the Scratch editor compiled from the source code described in Section 5.3. You may not upload any projects that were created, by you or by anyone else, with a modified version of the Scratch editor.
/quote]

It legally doesn't work that way.

It legally doesn't work what way? I don't understand the point you are trying to make.

The laws regarding copyright include your ability to sell, transfer, or give away your rights.

For example, when you write a novel, if the book publisher buys all rights, then you no longer own the copyright to your own novel and the publisher can make as many copies as they want.
Profile pictures are not licensed under Creative Commons according to the terms of use. They still have original copyright

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footsocktoe

Well, I guess we could argue the law all day.

Here is the “fair use” part of copyright law…

Fair use is a doctrine originating in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2.the nature of the copyrighted work;
3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.the effect of the use upon the potential market for or value of the copyrighted work.

SHOOT THE SPACE MONSTERS! ….. A game everyone can play! Bright colors, bonky sounds!
THE 12 BALLS OF CRAZY AL ……. New scrolling adventure game!

Blaze349

footsocktoe wrote:

'Stealing' copyrighted art to display as your own isn't fair use. Fair use is for things like education.

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