HOME | DD
DonatoArts — Shadow of the Past - oil painting by Donato
Published: 2019-12-12 02:09:17 +0000 UTC; Views: 18423; Favourites: 867; Downloads: 0
Redirect to original
Description
Seems Warner Bros. Entertainment cannot tell when my painted interpretation of my model, Robert Blechner, is better than their interpretation of Ian McKellan as Gandalf. My photo reference attached above as full proof. Warner sent a DMCA (Digital Millennium Copyright Act) takedown notice regarding my work without really checking, nor inquiring, to see that the likeness is NOT Ian McKellan. Sorry Warner Bros, you DO NOT hold a copyright over the portrayal of old men as wizards.
'Due to the receipt of a DMCA takedown notice targeting this deviation DeviantArt is required to remove it from your profile. The notice in question was filed with DeviantArt by Barry Goold, Director, Intellectual Property, Warner Bros. Entertainment Inc.'
Related content
Comments: 76
👍: 0 ⏩: 0
Beautiful. They did this to artist Yuuza on here too. Same year and month -- ironically.
👍: 0 ⏩: 0
Ok, I realy dont understand it 
Its one of my fav - and I mean all time fav - of Middle-Earth illustrations
Warm Wishes from your fan
Tallis
👍: 0 ⏩: 0
Eh? He does not even look like Ian McKellan, neither in the drawing nor in the original ref.
👍: 0 ⏩: 0
Aww... Are you kidding? Really, they should have some sort of legal rebuttal for things like this. These large companies going around throwing their weight around and having their whims enforced even when they are not legally enforceable is ridiculous... In part, it's Deviantart's fault to for erroneously enforcing the claim even with evidence. But still, if Warner Bros. is going to hire people to look for copyright infringement, they should at least hire people who know what the heck they're looking for...
In any case, this is a beautiful piece. Very well done! (Do you sell prints?)
👍: 0 ⏩: 0
And the score is - Artistic Freedom: 1 Capitalistic bastards: 0
👍: 0 ⏩: 1
lol, that doesn't have anything to do with "capitalism" It has to do with some idiots who were hired by Warner Brothers to look for copyright infringement, but who have no idea what they heck they're actually looking for.
👍: 0 ⏩: 0
👍: 0 ⏩: 0
I hope you get an apology, at the very least. Wonderful painting, anyway and nice to get another look at it.
👍: 0 ⏩: 0
The man that you used for Gandalf looks nothing like Sir Ian McKellan. I hate when it when a movie studio thinks that they own an intellectual property when the Legendarium of Middle Earth actually belongs to the Tolkien Estate. Makes me want to boycott Warner Bros. films.
👍: 0 ⏩: 0
This is beautiful and Middle Earth is something anyone should be able to interpret their vision from the books... good luck with stupid Warner Bros :/
👍: 0 ⏩: 0
👍: 0 ⏩: 0
Copywrong, more like. Breathtaking painting, as usual.
👍: 0 ⏩: 0
👍: 0 ⏩: 0
👍: 0 ⏩: 0
What a complete load of crap... WB'rs stupidity that is, not your amazing painting.
👍: 0 ⏩: 0
Warner Brothers are Sharks. I really hate that Company. I knew your original work and it is absolutely awesome !
👍: 0 ⏩: 0
You should sue Barry Goold for the $50,000 the DMCA allows for false takedown notices that has never once in the 20+ year history of the law been even attempted.
👍: 0 ⏩: 0
Your work is beautiful, and they're fools.
I hope you send copies of this to Barry Goold, and demand in writing a recognition of your work as your artistic property, and an apology.
👍: 0 ⏩: 0
you're very talented artist and they should not treat artists like that!
👍: 0 ⏩: 0
Because he did so in the book without an issue. Nor was he afraid of it.
👍: 0 ⏩: 0
I like that not everyone copies the movie characters but paints their own imagination.
👍: 0 ⏩: 0
OK, I see the DMCA notice, however, I have a question..
How do you know it was because of your wizard character and not just the entire overall LOTR setting(The ring solidifies it as a LOTR piece)? Or was/is that an assumption on your part?
I see a lot of hostility in the comments. While I agree, this piece is just phenomenal, IF being sold, then it would be illegal. Money being made would be their only leg to stand on. Fan art would not be illegal except in rare cases (Anne McCafferey was adamant about anyone calling a Dragon they painted a Pernese Dragon).
Copyright Law is misunderstood by WAY TOO MANY artists.. Copyright Law is there to protect artists and their work/creations.
For any artist that would like to dispute this, ask yourself this question: If YOU created Superman, would you want 1,000, 10,000 or even 1 mill. other artists drawing and then selling your creation without your permission or your obtaining any of the profits from those sales?
I am NOT against fan art. I do it myself. I just don't sell it. But I see a lot of people who do.
Donato: You're an incredible artist. wow.. A piece of advice.. You have enough fan art to showcase your talent.. I'd love to see more original work. Showcase your imagination.
👍: 0 ⏩: 1
He's not selling it on DeviantArt so they can't DMCA it here.
👍: 0 ⏩: 0
Perfect up to the smallest details. I bow to you (which also gives me the chance to comment with my behind facing.....)
👍: 0 ⏩: 0
Niiiice! This is beautiful work, I love that you shared the reference/inspiration for this, it's just cool to see : D That copyright stuff is so ridiculous! Robert makes a great wizard :0
👍: 0 ⏩: 0
I do like the detail in the movie of Gandalf being so paranoid of the Ring he doesn't physically touch it. So seeing him actually hold it here is kind've weird for me.
👍: 0 ⏩: 0
EXCELENTE DONATO, a la Warner sólo le interesa el dinero
👍: 0 ⏩: 0
Warner Bros. is the worst! I use to get stuff removed because of them all the time.
Great piece of work by the way, it is beautiful.
👍: 0 ⏩: 0
There's so much beautiful LOTR fan art on DeviantART. It would be sad if it was all removed. Is Warner Brothers against fanart all together or just the selling of prints for things it holds copyrights for?
👍: 0 ⏩: 0
I guess Warner had nothing better to do than bother a art piece that helps keeping one of their IPs alive and well.
Why dumb ppl get hired?
👍: 0 ⏩: 0
Everyone who likes this should download it now before they remove it forevermore. This is FANTASTIC! EPIC ARTWORK BY AN EPIC ARTIST!!!!
👍: 0 ⏩: 0
Daily reminder that copyright is just a way to companies to fuck people over with no regards to actually reasonable ideas of intellectual property.
👍: 0 ⏩: 0
Why would they demand you take it down? It's art. Even if Ian McKellan had been used as a reference, what's the problem?
Is it because it's being sold as a print or as fine art?
👍: 0 ⏩: 0
this isn't even how the scene in the movie went or how the hobbit hole set actually looked, lol. it amazes me that they griped over this when I've seen so many hyper-realistic/photograph-real-style "people and portraits" drawings of famous movie characters/actors that were obviously using screenshots as references. there was even somebody around here who redrew the people/characters in just their underwear and made sexy pin-up style art out of them. I wonder if they go griped at too, lol
it should be categorized as "fanart" though since you don't own the characters and wtf is up with putting it in the "animals" category lol
👍: 0 ⏩: 0
'paints old man'
Warner Bros: How dare you paint Ian McKellen. And even if it was a painting of him.......... Why do they care even if you did paint him?
👍: 0 ⏩: 0
Awesome painting, looks almost like a film screenshot. Colors in fireplace are amazing.
👍: 0 ⏩: 0
yeah good on you! Glad you can back it up! Frankly the idea they are sending out warnings to people painting an actor are absurd to begin with o_O but i suppose thats what we are coming to...
but a beautiful painting you've got there by the way
👍: 0 ⏩: 0
I'd never heard of a DMCA happening for artwork before. Good luck with that, Warner Bros. I'm sure there are plenty of 1st Amendment lawyers who'd love to take a shot at you!
👍: 0 ⏩: 0
👍: 0 ⏩: 0
| Next =>