FauxPas

It's not so clear cut. Also don't capitalize the law, please. Drives me nuts. It's not sacred or holy.

First off, you're probably right, but there may be some cases of using an image as an avatar that would constitute fair use and be allowed even without an artist's permission. For example, an account created to parody a particular artist and uses that artist's image as an avatar might be fair use. It's even possible that the use of very small, low resolution versions of an image as an expressive avatar, in general, could be fair use. I'd say not likely, but it's not tested in court and it's not 100% known either way.

Second, you can google search with permission rights (it's under advanced options) to find images that are licensed for reuse. There's nothing wrong with google searching. Plus, since it puts Wikimedia Commons really highly ranked even in normal searches, there's good odds that even someone that didn't know about this issue found themselves an image that is licensed for free reuse.

Third, owning copyright doesn't mean you have the right to enforce copyright. One needs to register a copyright to sue over it, and you can't sue for statutory damages (the big number) for infringements that happened prior to registration. Since using an avatar image on a forum does zero actual harm, the artist has no reason to actually sue a person.

It is polite to ask an artist's permission before using their work. If an artist happens to notice their work being used and asks someone to stop, they should stop. It's a nice thing to do for the artist. But many, many times, they're not required to stop and there's nothing bad that will happen if they keep using the image. It's a case by case thing.

I agree with everything ArchieRoni said.

I also want to add that once someone alters a piece of art, they themselves have made a piece of art.

https://www.youtube.com/watch?v=tHp3c9ziIq0

This is a great video on the subject.

But in a basic sort of sense, I feel we have to have a fairness for understanding people will adapt and use things, but still understand and police or ourselves. The internet is full of people using things for personal use who deserve to be able to express themselves.. and we all should be a little lax and understanding of that. There are some people who feel like editing, or altering something.. from making a Let's Play video to editing a screenshot of an anime have something creative to express. There is a difference between someone using one of your images as a form of personal expression because it makes them happy or laugh, and someone making money off your work. Please try to understand.

Originally Posted by gigglemuffinz

I agree with everything ArchieRoni said.

I also want to add that once someone alters a piece of art, they themselves have made a piece of art.

https://www.youtube.com/watch?v=tHp3c9ziIq0

This is a great video on the subject.

But in a basic sort of sense, I feel we have to have a fairness for understanding people will adapt and use things, but still understand and police or ourselves. The internet is full of people using things for personal use who deserve to be able to express themselves.. and we all should be a little lax and understanding of that. There are some people who feel like editing, or altering something.. from making a Let's Play video to editing a screenshot of an anime have something creative to express. There is a difference between someone using one of your images as a form of personal expression because it makes them happy or laugh, and someone making money off your work. Please try to understand.

It would still be against copyright to alter a piece of artwork, I can't take the mona lisa, draw a mustache on it and claim it to then be mine.

I don't even know why I bother with posting this on this site considering 90% of people here think it is okay to download music illegally. So why should anyone care if they steal artwork that someone worked hard on and they don't want someone to use.