What do we do if we can't contact a person to use their art?

[namastaii]

You know of gen8 from deviant art? He/she created this...chibi maker with their art and such. She asks people give her credit if they use the art. I've been trying to get a hold of this person to ask if it'd be alright to use their art in my game if I give them credit. Since they don't really specify any limits.. I sent two notes on deviant art..but I wish I had another way of contacting them...
Real struggle.

[Rossfellow]

Credit works just by:

1. Referencing the source material in your work, usually on the credits.
2. Keeping proof or record that said artist consented to the use of said work under given conditions (In this case, the deviation that says "You can use this as long as ______").

You should be fine if you just do both of these. Informing the artist is just courtesy.

[namastaii]

I just don't want anyone to get mad. Because It's not clearly stated if I'm able to use this art for a project like a game. They just mention, that it's okay for people on deviantart to use their saved generated chibi characters as their ID picture as long as credit is given to them. So I'm going to continue to get things ready and use the art until they respond and say otherwise. Of course it would be going into the credits. I have a notepad of every resource I've gone through for everything in the game As for art that was posted for creative commons, I have notified everyone that I plan on using their assets, just in case.

I'm taking art from this persons chibi generator and cutting it and editing into a picture editing software with layers to kinda make my own generator with a dressup code in my game. So it's kinda using a big deal of their art.

[Rossfellow]

You'll be fine. I really don't think anyone would be mad at all.

[namastaii]

Okay, thanks for your input

[firecat]

yes i can understand your worry, but what Rossfellow said is not the whole truth. i looked up the chibi maker that you mention and she clearly said not to use it for money, the use on deviantart is only for deviantart, not your main gallery. This is against DA's rules and could be removed, and under cc rules this type of art is under http://creativecommons.org/licenses/by-nc-sa/4.0/

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

hope that helps.

[namastaii]

This is why I just want to talk to the person one-on-one. Because I'm not trying to use the art for money by selling it or anything but if the game is put up for a price, does that count? ...-.- They are online every day, but don't seem my messages XD grrrrrrrrrrrrr

[namastaii]

Oh, nevermind, they aren't online every day. People just tag gen8 in their art every day. That's what the recent activity is. But still.

[Rossfellow]

2. Keeping proof or record that said artist consented to the use of said work under given conditions (In this case, the deviation that says "You can use this as long as ______").

That also includes things you should not do with the work.

[Tyrantauranox]

If you sell a product (games, movies, books, etc) containing someone's art, that's commercial use.

[namastaii]

I guess I should just start from scratch and look for something else or attempt to make my own :/ yay~
I'm not trying to take anyones stuff. I'd gladly put their name allllll over it. I just need a dressup function in the game for a certain part.

[namastaii]

I know what commercial use is, I just felt like their copyright description wasn't detailed enough