Stealing is still Stealing, no matter how polite you are about it.

Tru fax:

Using a photograph from an artist that expressly states you may not use his or her work without permission is illegal.

Using a photograph from an artist that expressly states you may not use his or her work without permission, but leaving the copy right and/or credit clearly on the image is still illegal.

Whether you credit them (And I appreciate it, I really do) or not, if their TOS (Terms of Use) say that you cannot use their images, you can't.

I had this argument recently with someone on AOL who is using a deviant artists photo(s) on his/her profile. And while I appreciate the fact that they left credit intact, it still does not change how the artist has clearly stated use of her work without permission is prohibited and not legal. I guess he/she thought that because she/he left the © on the images he/she was doing good. Unfortunately, this isn't the case.

I also got politely reprimanded for bringing it up publicly--in all honesty, I do not think image theft and copy right infringement is a subject that should be handled behind closed doors.

It NEEDS to be addressed--even *I* need to remind myself that just because that photo is the perfect for my character doesn't mean I have any rights to use it. There is nothing wrong with my imagination. I am a role player. I can describe my character well enough that if I do not have a picture, I can rely on my own brain to portray the important bits that make up the image of my own character, right? I mean--if I cannot give those I role play with the slightest glimmer of what my character looks like...Have I not failed in some of the basics in text role play?

If it says, "No use without permission," it doesn't mean, "Aw, I guess. Go ahead and use it if you keep my name on it." It means do not use it. Unless you show me you are either a) the artist b) the purchaser and now rightful owners of said photos or c) the owner of physical, written proof you have the artists permission no excuse is acceptable for copy right theft. You are NOT doing the artist any favors--you are stealing.