Thaily Brimstone (thaily) wrote in artists_beware,
Thaily Brimstone
thaily
artists_beware

GuardiansWish & Kiroxookami; using non-commercial stock for commercial purposes.

This has been dragging on for a while, so I'm finally going to make a post.

WHO: GuardiansWish & Kiroxookami
WHERE: GuardiansWish on FurAffinity, DeviantArt and the FurAffinity forums. Kiroxookami on DeviantArt.

WHAT: Commissioned photo manips and prints utilizing stock images which specifically state commercial use is not allowed.

WHEN: First noticed it in June and told GuardiansWish that she shouldn't commercially use stock that wasn't okay'd for commercial use. She is still offering photo manip commissions, selling prints and the photo manip commission she did which used stock which was not okay'd for commercial use is still up on both FA and DA. I've filed a TT but no response yet. Months later one of GuardiansWish' friends, Kiroxookami, starts harassing me and it turns out she's doing the exact same thing as GuardiansWish.

PROOF&EXPLAIN:
I was browsing the new uploads on FA when I saw someone was having a "YCH" (Your Character Here; usually a sketch where you pay the artist to draw your character in the sketched character's place, often for a reduced price) auction for a photo manip. This raised all sorts of red flags for me since I encounter a lot of people who misuse "stock" photos, and sadly this was no exception. Guardianswish was selling a photo manip of a photo and said she had permission even though the original photographer specifically mentioned that commercial use was not allowed right there in her bio.
Guardianwish basically went "Whoops, nevermind!" and deleted the upload.
She sent me a note thanking me and I reminded her to make sure she had commercial license to the photos if she wanted to sell photo manips, because she could ruin her reputation as an artist otherwise.

On a hunch I checked the rest of her gallery and found out that she had already sold a photo manip on June 19 for $38. In this case the background photo belongs to an artist whom also specifies that commercial use of her stock is prohibited, multiple times, including in the description of the actual stock photo itself. I told Guardianswish about this and she hid my comment with the reply not to worry, she had asked for permission.

At the time, when I checked InteriaK's DA account the latest activity I could discern was 3 weeks old, I sent a note regardless in the hope she'd respond but I have not received a response and her account has not been used. Her Facebook account and other sites were similarly devoid of recent activity. Considering the auction was posted June 19 and the finished product posted the day after I have healthy doubts as to whether or not Guardianswish actually had permission from InertiaK. When I tried asking Guardianswish if she had a screenshot or something of said permission, I found out Guardianswish had blocked me on FA. When I asked on DA, Guardianswish told me to stop worrying and also blocked me there.

Recently, some of GuardiansWish' associates responded to a months old comment to tell me "I myself have talked to her (InertiaK - T). So... Maybe they just don't respond to people who are kicking up dust for no reason?" so I asked her "Oh well then, you can show a screenshot that Guardianswish has permission to use her photos commercially." to which they responded "Or you can stop being an asshole?" which I'll take as a "no" on the screenshot.

I look at Kiroxookami's account and she takes commissions for photo manips as well, I clicked a random commission and followed one of the links to a stock account which also says ""You can use my photos as long as it is not for commercial". Oh, and the other link to a stock account also states "No commercial work please." which explains why she's so invested in this matter; she's doing the exact same thing as GuardiansWish. Judging by the comments left on the account of the original stock owners, Kiroxookami has already been called out on this but doesn't care.

In short: GuardiansWish uses stock images commercially which explicitly state commercial use is not allowed. No-one can provide proof that she has permission and InertiaK (the copyright holder of the misused stock) is incommunicado, so the odds that they do have permission is highly unlikely. GuardiansWish still offers photo manip commissions and I consider the likelyhood that she'll use non-commercial stock for commercial usage again to be very high. Also GuardiansWish sells prints utilizing non-commercial stock. Kiroxookami harasses people on GuardiansWish' behalf because she too commercially uses non-commercial stock for commissions.

People, if you want to commission a photo manipulation, please make sure the artist uses stock they have permission for, or uses their own photography. -_-


GuardiansWish
Manip: http://guardianswish.deviantart.com/art/YCH-For-Wittyills-on-FA-379371512
Stock: http://inertiak.deviantart.com/art/InertiaBG24-146527741
"-No commercial - thank you."
Manip: http://guardianswish.deviantart.com/art/Thistle-197969771
Stock: Not stock at all, no credit, selling prints http://www.flickr.com/photos/tambako/4500589879/
Manip: http://guardianswish.deviantart.com/art/A-Star-is-Born-262822883
Stock: http://sikaris-stock.deviantart.com/art/wolf-stock-8-245785578
"Do NOT use one or more stock images and/or parts of them COMMERCIAL in any way."
Manip: http://guardianswish.deviantart.com/art/You-know-that-I-m-Toxic-251616798
Stock: http://sikaris-stock.deviantart.com/art/cardinal-stock-1-245813966
"Do NOT use one or more stock images and/or parts of them COMMERCIAL in any way."
Manip: http://guardianswish.deviantart.com/art/Working-Class-Hero-258426501
Stock: http://resurgere.deviantart.com/art/Package-Wild-Life-4-60904890
"Commercial Use Is Prohibited"
Manip: http://guardianswish.deviantart.com/art/Over-the-Hills-and-Far-Away-216102917
Stock: http://animalphotos.deviantart.com/art/North-American-Arctic-Wolf-04-172628216
Contacted owner asking if GW has asked permission to sell prints "3.) My stock is for personal use only. You may not use my stock for commercial works without first discussing the terms with me."
Stock: http://resurgere.deviantart.com/art/Package-Cosmos-2-63241815
Same "As such, commercial use of this stock item is strictly forbidden, unless you have prior permission from the Resurgere Producer of the stock item."
Manip: http://guardianswish.deviantart.com/art/Arms-of-the-Angel-205559457
Stock: http://purestock.deviantart.com/art/Fire-Brushes-18471832
"Use in any way you wish under the restrictions of the Creative Commons Attribution-Non-Commercial 2.0"
Stock: http://thy-darkest-hour.deviantart.com/art/Forlorn-and-Forsaken-Stock-204029345
Asked if they brought the commercial license "Free non-commercial use, including dA prints and contests."
They answered "Thank you very much for bringing this image to my attention. I'm sure that they did not and although it is an old image, I went ahead and asked for removal."
Manip: http://guardianswish.deviantart.com/art/Eagle-2-197848179
Stock: Selling prints, doesn't even cite sources for the photos.

Kiroxookami
Manip: http://kiroxookami.deviantart.com/art/Point-Commission-Zuriel-391147606
Stock: http://meggane.deviantart.com/art/beauty-queen-348498928
"1. Do not use this stock for anything commercial"
Stock: http://brokenvain-stock.deviantart.com/art/Cold-Forest-Premade-189707270
"No commercial work please."
Lots of obvious traces and photo manips without citing sources etc. Lots of not citing sources period.
Tags: artist-guardianswish, artist-kiroxookami, beware
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