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About Deviant Member FluttertailUnknown Recent Activity
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:iconmagexp: :iconokoe: :iconmaximum-fallout: :iconsynthetic--ecstasy: :icongriffsnuff: :iconwonderdookie: :iconrodrigo-vega: :iconzombpunk: :icontaiigur:


Be warned, this journal is long. It's not supposed to be a rant but it might come off as one.

So I did some research regarding 'copyrights' and how they work. You can copyright you explicit work. What you can not copyright is species splices (two animals mashed together to make a new one), mythical creatures, color schemes, styles of artwork and names. The only way a species can be copyrighted is if it's not a splice of already existing animals, or if it's spliced of so many different animals it doesn't resemble one or the other anymore such as the 'Finnedyr', 'AoSaai', 'Felidoxy', etc. Those species' do not represent one animal or another. They are not splices of creatures put together. There are other species that look "similar" to those species floating around DA that were made before and after those particular species. There are differences and there are similarities.

Fluttertails are what is known as a 'splice' (two animals combined to make something new). There are tons of splices online. Splices may or may not consist of animals that already exist, mythical creatures, pokemon, digimon, even MLP. A splice can not have a copyright, no matter if the owner turns that splice into a species or not. They do not hold the right to tell anyone they can or can not make one. They may be able to tell someone that they can not use their species information they created to go with the splice, but they may not stop someone from making a character using that splice. Anyone is capable of putting bug wings on an animals behind to replace their tails. I do not believe that JaciMae was the "original" creator and designer of this particular splice as I have seen artwork loaded with butterfly wings as tails far longer than I have seen her particular species.

The name 'Fluttertail' derives from two words. "Flutter" and "Tail". It's like taking the two words "Snake" and "Tail", putting them together to get "Snaketail", which could possibly be a name for a Warrior Cat from Erin Hunter's Warriors series. It could also be a name for a cat that has a snake for a tail. What I'm getting at is even though a species is named "Fluttertail" it does not make that particular name copyrighted. Fluttertail is such a common use of two words that it could almost always resemble an animal that has wings on it's bum regardless if the animal has a tail or not. A name such as Aosaai or Finnedyr is unique as those words do not exist already in modern English and are not spliced together.

Lastly, I am not claiming to own Jaci's creation. The issue started when I created my DA name because I liked the name Fluttertail and I was intrigued by butterfly bummed creatures. I wasn't planning on making any animals with butterfly winged bums of my own. I had planned to join her group, create mine fair and square. I made a separate species because I liked the thought of Dinosaurs having wings and tails and got it approved before I went about it since it didn't fit with what Jaci had written. The trouble started when I received a message from Jaci asking me to remove the account 'Fluttertail' because it was her species name. The Fluttertail species had already been around for a couple of months prior to me creating the name. If she was worried about someone taking it then she could have created the name on her own. I was surprised when it wasn't taken. Second, she told me I could have or own a Fluttertail unless I joined her group. I was planning on joining, but she then declined me entry because I would not relinquish the account name. She then made me out to look like I was planning on creating "thousands" of Fluttertails and that I was an attack on her and her species and a thief. The one character I did make happened to be a dinosaur with wings on it's bum and not an animal. It wasn't a Fluttertail. I was then attacked by her 'White Knights' whom came to her rescue. Both Jaci and her friends posted on my profile instead of noting me. When I asked them to continue in notes the both refused and instead continued their onslaught of attacks on my wall which eventually led to their blocking. Before that Jaci told me I would never be allowed to own a Fluttertail because of my refusal to drop the name and that even if I did drop the name now I would still never be allowed to own one.

Here's the news flash.

1. Lots of people make DA accounts after already made species on DA, be it the owner of the species or just a fan. They do not claim they own the species.

2. Because of the way you treated me and the outright demand that I refused to drop / give you the DA account, thus banning me from creating one of "your" species, I have gone and done my research on copyrights. The species you have "banned" me from creating does not belong to you and therefore if I choose to make an animal with wings on its bum, I can and there is nothing you can do about it as long as I don't copy another character that's already been designed outright.

3. I have a right to the DA account as I was the person who created it. You can not force me to give you or deactivate the account just because it's the name of the splice. If my account had been a warrior name and not made in honor of the Fluttertails, you would have looked like a butt hurt child.

4. I was nothing but nice to you until you started acting like a spoiled brat, throwing tantrums and harassing your watchers to attack me because you didn't like how I made an account with the species name, intent on joining your group instead of using my main account.

5. I will be using this account from now on as I have gotten rid of my old one for good. I will be creating my own butter / moth winged animal and I will use the name Fluttertail. I will not be using your species information, I will create my own. I will use whatever butterfly / moth I want with any base I want. I don't care if my Fluttertailed splice is not officially recognized as a member of your group, at least I can make one without your pathetic restrictions and your bossy controlling ways and at least I don't charge people for splices that they can make on their own.

6. If anymore harassment happens on my page regarding Jaci and copyrights you will be directed to this journal as a warning and your comment hidden. A second post will result in you being blocked. A third post with a different account will get you blocked and reported to DeviantArt staff for harassment.

7. If Jaci wants to come forward with her legally written and signed copyright to her 'species' that contains all the information then I invite her to post it as proof. I mean and actual valid camera picture proof of the copyright that states no other person online or in real life may create an animal with wings on its bum, or use the name Fluttertail in association with an animal with wings on its bum except for her explicit consent, along with proof of purchase (such as a receipt or transaction) of the copyright with the date of purchase intact, then I will cease all connections with animals containing wings on their bums. I have asked to see said copyright Jaci has claimed to owned and was met with refusal. I invited Jaci (if she really did have a copyright) to take legal action if it bothered her that much that I had the DA name Fluttertail and was going to make an animal with wings on its bum and was also met with refusal. The fact that Jaci declined to provide me with proof that she had obtained a copyright stating that I could not put wings on an animals bum, or use the name was null and void. She only "claimed" she paid for one. As I am not stealing or using her artwork in any way, shape or form, reproducing her works, or stealing her information I am not violating any copyright claims regardless if she had them or not. I am free to go about my daily business, get creative, design my own characters with or without wings on the bum, and use the DA name to my hearts content.

If anyone has any doubts please see the DA rules and conditions as well as refer to the Canadian Copyright Act of 2013 as per what may or may not be copyrighted and contact an official of law for more information.

Eyuch, my poor fingers from typing all of this. Hopefully this puts the whole issue to rest now and gets the spammers off of my 'tail' and my account.

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MaGeXP Featured By Owner Jul 27, 2013  Student General Artist
Thank You very much for adding me to Your :+devwatch: :tighthug:
(1 Reply)
Fluttertail Featured By Owner Jul 27, 2013
I am returning to this account. I looked into copyrights and as far as they go you can copyright your art, but you can not copyright the mashing of two species together. If I want to make an animal with a butterfly wings for a tail I am free to do so. If anyone has a problem with this please do me a favor and look up the copyright laws and familiarize yourself with them. - Thank you.
TheDarknessDash Featured By Owner Mar 17, 2013  Hobbyist General Artist
HAI :D ai just wanna tell u that my active page TDD cant upload animated icons, +theyre in a bad quality..... So i created another account TedoTuari and CAN upload anim icons. Wich are in better quality, why?? (btw, i use the fluttertail icon on that account if thats ok)
(1 Reply)
Flagged as Spam
TheDarknessDash Featured By Owner Feb 22, 2013  Hobbyist General Artist
May I ask, how do u upload animated icons??? I'm trying to but when I press "ok" it says:
"Error, we can't resize images and they can only be 50x50" even if I didn't zoom them in :(
(1 Reply)
Maximum-Fallout Featured By Owner Feb 2, 2013  Hobbyist General Artist
thank you for the watch but this is an inactive account and my active account is :icongalaxyshooter:
WonderDookie Featured By Owner Jan 20, 2013  Hobbyist Artisan Crafter
Thanks for the watch!
Fluttertail Featured By Owner Jan 20, 2013
This is my account and I will be using it as such after talking with others views on the situation. Fluttertails can aslo be associated with fishing lures and therefore I do not have to associate the name with the species at all.
Synthetic--Ecstasy Featured By Owner Jan 20, 2013  Hobbyist Digital Artist
Thanks for the watch~ :>
(1 Reply)
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