Page 2 of 2 FirstFirst 1 2
Results 16 to 30 of 30
  1. #16
    Join Date
    Nov 2013
    Location
    Pyrenees, France
    Posts
    1,462
    Thanks
    19
    Thanked 622 Times in 449 Posts
    Its easy. Find the nearest county court. You fill out some forms, pay for the sherrif to serve a notice and wait for his response. Doesn't cost much I think it was 50 Euros equivalent last time I had the displeasure of having to check - someone didn't want to pay me, but it was an open and shut case so they soon changed their minds. Same as in your case... You can prove copyright so job done.

    There's no point trying to chase them for money they don't have though and you need to show that you made reasonable efforts before going to court. So a simple cease and desist will suffice. Or you can try and bill them for usage... Either way enforcing it isn't difficult if they are in the US. International business couldn't run smoothly if there was no rule of law! Just because you are in Germany and they are in the us doesn't mean you shouldn't have justice. If I were you I would find out which is their local county court and mention that you will apply for a cease and desist order and monetary compensation from said court. It will make them think you are serious even if you're not.
    SKETCHBOOK / PORTFOLIO / ARTLORDS / ART STATION / DEVIANT ART / FACEBOOK

    Oh and if you want to watch me paint live I recently got introduced to this thing called picarto TV... It's nice to do art and share it - if you have any questions it's great to talk too! I'm painting pretty much 12 hours a day so you'll most likely find me - unless I'm eating

    LIVESTREAM


  2. Hide this ad by registering as a member
  3. The Following User Says Thank You to Kelvin Liew For This Useful Post:

    Izi

  4. #17
    Join Date
    May 2008
    Location
    London
    Posts
    13,244
    Thanks
    4,077
    Thanked 6,359 Times in 4,379 Posts
    I just told them they were using stolen artwork, to remove it or contact you at your website. If they get half a dozen posts like that, they might take notice if google starts linking 'stolen artwork' to their site.

  5. The Following User Says Thank You to Black Spot For This Useful Post:

    Izi

  6. #18
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    It worked! they took it down and replaced it with another image.

    That is why you thought it was just a Tetractys, Stoat! Actually it's funny, they stole ANOTHER image m1thr0s created (the tetractys there now) but this is at least a very generic Tetractys with grid instead of a much more important and unique image that they simply cannot account for with Catholic language.

    I am conversing now with a lawyer in town and I don't want to go to Getty because I'm afraid they just do royalty free. I am not willing to do royalty free and I am willing to manage our rights myself. I have been working on a image database so we'll have our own stock house. I encourage any artist to do the same.

    You can begin very easily with a Wordpress site and the plugin Sell Media (I reccomend using the base Twenty-fourteen theme and buying the $30 addon pack for watermarking which is essential.)

    Also I wanted to address one fallacy which was mentioned by someone in the thread - "just let it go it's doing no harm" THE TRUTH IS: IF YOU DO NOT DEFEND YOUR COPYRIGHTS, YOU LOSE LEGAL FOOTING. This is why all copyrights and art theft must be addressed IMMEDIATELY. There is no wiggle room here. I used to tell people not to worry about copyrights so much, but the truth is you need to be VERY worried about it due to the way the legal system works in the USA

    And guess what - I DO NOT even download for personal use unless the artist offers it. This attitude of appropriation is theft, it is wrong, and you are wrong for thinking that personal use shouldn't require a cost. It's like walking into a grocery store, stealing a candy bar without permission and saying "It's okay, I'm just eating it for personal enjoyment, not reselling it" YOU ARE A THIEF.

    Use Wikimedia or other public domain/donation sites to gather material, it is easy and simple to make sure your free clipart and reference photos are royalty free, or that the artist has VOLUNTARILY given it out for free.

    I also had the Tumblr and Wordpress copies taken down, both Tumblr and Wordpress are very responsive to DCMA takedown requests.
    Last edited by Izi; April 16th, 2014 at 12:37 PM.
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

  7. #19
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    Quote Originally Posted by benu View Post
    Sorry to hijack the thread, Izi, but the exact same thing happened to me.
    http://salemsmoon.wordpress.com/2013/10/04/the-triple-goddess/ (it's the green triple goddess piece)
    They don't give credit, even cropped the image to remove my signature and url, and they are not some personal blog- they are running an online shop. Any advice what to do? I'm based overseas, so legal action would be very difficult, and I don't want to register this piece with Getty.
    OMG it's a Wordpress site - SOOOO easy to get it taken down. Just fill out this form: http://automattic.com/dmca-notice/

    It is a really nice triskelion, you should get paid for their use! Also, curse the shit out of them!
    Last edited by Izi; April 16th, 2014 at 12:59 PM.
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

  8. #20
    Join Date
    Oct 2005
    Location
    Munich, Germany
    Posts
    2,007
    Thanks
    234
    Thanked 852 Times in 496 Posts
    Quote Originally Posted by Izi View Post
    And guess what - I DO NOT even download for personal use unless the artist offers it. This attitude of appropriation is theft, it is wrong, and you are wrong for thinking that personal use shouldn't require a cost. It's like walking into a grocery store, stealing a candy bar without permission and saying "It's okay, I'm just eating it for personal enjoyment, not reselling it" YOU ARE A THIEF.
    That is fundamentally wrong both on a logical as well as a legal level. By uploading an image to the internet, you're in fact giving it to anyone who opens the website on which the image is shown. Their machine has to download it in order to show it. The comparison to the stolen candybar is just pure bs.

  9. #21
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    There is a BIG difference between stealing a candy bar and walking into a store (PRIVATE PROPERTY!) to look at it. I take it you're one of those people who think it's okay to pirate code and and music too. I am not one of those people. I think there is a CLEAR line between right and wrong people choose to step over all the time. I am not condemning anyone for this attitude of appropriation but I feel like in the place I am now, it is definately an advantage to me to respect other's rights and in doing so I help protect my rights.

    There is also a BIG difference between going to an artist's website to look at their art and DOWNLOADING it to a special folder on your computer, (deliberately with willful intent - not merely using a browser as a viewer) reuploading it to YOUR web space and using it to PROMOTE AND SELL YOUR GOODS.

    Especially if those goods are antithetical to the original artist's beliefs, life work and intended artistic message!
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

  10. #22
    Join Date
    Oct 2005
    Location
    Munich, Germany
    Posts
    2,007
    Thanks
    234
    Thanked 852 Times in 496 Posts
    Quote Originally Posted by Izi View Post

    There is also a BIG difference between going to an artist's website to look at their art and DOWNLOADING it to a special folder on your computer
    Theres no difference, both in factual as in legal terms.

    Using someone elses artwork commercially without paying a license, sure, thats theft. But suggesting that downloading an image file is theft is just lunacy.

  11. #23
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    Quote Originally Posted by Benedikt View Post
    Theres no difference, both in factual as in legal terms.

    Using someone elses artwork commercially without paying a license, sure, thats theft. But suggesting that downloading an image file is theft is just lunacy.

    And who exactly is suggesting that? Did you even read my post?
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

  12. #24
    Join Date
    Oct 2005
    Location
    Munich, Germany
    Posts
    2,007
    Thanks
    234
    Thanked 852 Times in 496 Posts
    You did.

    Quote Originally Posted by Izi View Post
    I DO NOT even download for personal use unless the artist offers it. This attitude of appropriation is theft, it is wrong, and you are wrong for thinking that personal use shouldn't require a cost. It's like walking into a grocery store, stealing a candy bar without permission and saying "It's okay, I'm just eating it for personal enjoyment, not reselling it" YOU ARE A THIEF.

  13. #25
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    Oh I see now, well I apologize. I thought you were talking about the previous post. I am sorry if that bothers you but I do think it is theft. I am not angry about it and I am not condemning anyone for it as I said. I am not going to download something unless the artist has okay'd it. I thought about this alot and there is really no wiggle room on this issue for me. The standard of morality I have is not yours of course, so do as you like. I believe the best course of action is to ask first if it is not specified already.

    What offends me a lot and something I will get pretty action oriented about is theft, an attitude of appropriating something just because it's on the internet, and then using it to promote one's own work for the purpose of fame, money or other goods.

    So let's just carry on with you thinking I'm a lunatic and me thinking you're a thief, I don't have time for this conversation anymore.
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

  14. #26
    Join Date
    Oct 2005
    Location
    Munich, Germany
    Posts
    2,007
    Thanks
    234
    Thanked 852 Times in 496 Posts
    I already explained to you that putting an image file onto a website means that anybody who views the website has to download it in order to see it. There is absolutely no difference between that and manually downloading it. All you have to do is open your cache folder. There is no difference between a cache / temp folder and a normal folder. the file is on your harddrive if you see it on your screen. By your definition, you're also a thief. We're all thieves.

    Pure lunacy.

  15. #27
    Join Date
    Jun 2007
    Location
    Bochum, Germany
    Posts
    255
    Thanks
    109
    Thanked 203 Times in 62 Posts
    I've found some more infingements like this. One with the same image, also cropped, on a facebook site as profile image. All of them use the art to promote esoteric products or services. The weirdest one is a lady named Lilith who sells the spirit of a dragon bound to a cheap piece of jewellery for $78. I think I'll try to bill all of them, but I'm not sure how much to charge- is there a standard fee for licensing existing art for web use?
    How can I document a copyright infringement to prove it if necessary? I mean... they can just remove the infringing copy and pretend it never happened. Is a screenshot or saving the page to my hard drive enough? Those things are easy to fabricate.

    @Izi- it wasn't the triskelion, it was this: http://hannahboeving.com/wp-content/...goettinnen.jpg. Looks like he removed it already (along with Black Spots comment).

  16. #28
    Join Date
    Nov 2013
    Location
    Pyrenees, France
    Posts
    1,462
    Thanks
    19
    Thanked 622 Times in 449 Posts
    Well if you go with the case of the photographer who got his work stolen by AFP and ended up with a payout of millions, there's not really a limit as such as to what you can expect. Just a practical limit in terms of what you think they might or might not pay. These are small time infringers (as opposed to someone like Sony Entertainment or Agence France Presse) - so you're unlikely to get any money out of them to be fair. Personally I wouldn't bother billing them, just issue a cease and desist order. These guys are obviously cheapskates otherwise they would have made the effort to buy it off you in the first place. As for the lady selling dragon souls or whatsits - f*cking hell man... if she's happy to scam people like that - she's happy to not pay you a penny. Much easier to just go straight into a cease and desist than to go - oh hey you can use it but only if you pay me x - then she can go - oh well I don't think x is reasonable - or I'll pay you soon - wait wait - oh nothing happens - another invoice - pay me now - wait wait - oh nothing - oh NOW cease and desist. During which time several months and hassle have elapsed and meanwhile she's being using your image all she likes.

    If you really DO want to bill her - there's things to take into account with licensing - is it a one off use - is she going to be replicating the image (i.e. printing it on a T-shirt) - is it just being used to sell a product - how much of the value of the sale derives from your illustration? These things might or might not be taken into account. If you go down a county court judge route - this is probably how he or she will think about it - and he/she may just come up with an arbitrary number regardless of what you think or don't think is reasonable. You could go the angle of the cost you would have charged had you been commissioned to do this piece exclusively - (provided this wasn't already paid work for someone else) - that would be easy - just tot up the number of hours etc... but it also means they'd have full rights as a client would expect, for said work. That's most likely to be the upper scale of things in your case.

    I'm sure that photographer hired a proper copyright lawyer and the case went to a judge who knew about copyright law - which resulted in the massive payout, but this is small potatoes...

    As for certifying that she'd used your art work - well I can think of lots of ways to go about it. As you said, screenshot, photo, signed 3rd party witness. If it goes to a county court you'll just be convincing a judge (think of judge judy) - so you gotta think of what seems reasonable. It's pretty unlikely that you'd take someone to court when they hadn't stolen your copyright so just because it was taken off and they go 'I didn't do it your honor' probably wouldn't save them because the infringement still occured But just so as you don't take any risks - write everything down. Write down the date that you first noticed the infringement. Write down all the particulars of what it was being used to sell. Write down when you first informed them of the infringement. Write down if they take it down or not... If they take it down in a timely manner its difficult for you to pursue it because they could just say 'we didn't know, but when we were informed we acted with all reasonable haste to restore copyright' - so it's important you keep track of everything that happens. If it takes them several weeks or months from when you inform them to when they actually act to remove the image (or pay you) - that makes a difference.

    I hope that's helpful... I've been on the arse end of a couple of law battles for much higher stakes but the general idea is the same nonetheless... get your story straight - get your facts straight - keep an accurate account... that's the main thing.

    K
    SKETCHBOOK / PORTFOLIO / ARTLORDS / ART STATION / DEVIANT ART / FACEBOOK

    Oh and if you want to watch me paint live I recently got introduced to this thing called picarto TV... It's nice to do art and share it - if you have any questions it's great to talk too! I'm painting pretty much 12 hours a day so you'll most likely find me - unless I'm eating

    LIVESTREAM

  17. The Following User Says Thank You to Kelvin Liew For This Useful Post:

    Izi

  18. #29
    Join Date
    Jun 2007
    Location
    Bochum, Germany
    Posts
    255
    Thanks
    109
    Thanked 203 Times in 62 Posts
    I see... Then it's different in Germany. Here the infringer gets a "Abmahnung" from the copyright holder's attorney which means he has to pay a high compensation for damages - a fictional license fee, this can be a few thousand Euros for one photo-, the copyright holder's attorney AND he has to sign a cease and desist declaration. The infinger can - with the help of an attorney- negotiate a lower fee, but if he can't prove he's innocent, he has to pay something. You can even get a Abmahnung when the infringement is strictly noncommercial (then it's "only" 150€ for the attorney plus damages), or if you are allowed to publish the image but forget to give credit to the artist.
    If I understand this correctly I can either send them a cease and desist notice- which costs them nothing - or a bill, which (when paid) grants them future usage rights? No bill for damages they've aleady done without giving them any usage rights? That doesn't seem right, there isn't any actual financial risk for the infringer?! Flying to the US for court or hiring a US lawyer is too expensive for me and probably not worth it in these cases. So it's more difficult to get justice and money for small potatoes like us than it should be in theory. Btw, those esoteric potatoes can be quite big indeed- just think of the profit margins!
    I found a nice site for documenting: freezepage.org. It saves a copy of a website which can't be manipulated by the user so this might be useful too.
    Thanks again for sharing your experience! It's good to know what to expect.

  19. #30
    Join Date
    Jun 2003
    Location
    Olympia, WA USA
    Posts
    2,095
    Thanks
    1,909
    Thanked 515 Times in 347 Posts
    @benedikt Yeah yeah yeah, welcome to my ignore list, enjoy the stale doughnuts while you crap on artist's rights and the dead silence piped in from I don't give a fuck.

    The weirdest one is a lady named Lilith who sells the spirit of a dragon bound to a cheap piece of jewellery for $78. I think I'll try to bill all of them, but I'm not sure how much to charge- is there a standard fee for licensing existing art for web use?

    The thing with billing is it has to be a BIG company with an accounts payable department...and I have no idea how big that shitty catholic site was but it seemed to have some income behind it. so my guess is some dorky goth named lilith who sells shitty charms isn't going to pay you.
    I'd do what Lovingit suggested and send a cease and desist, make it sound official, send it on a letterhead if at all possible. There are ways to find out where someone hosts. If it's hosted by a big site like Ebay or Wordpress, all the better - these companies, once they find out about shenanigans, are VERY responsive and the penalties will often include complete shut down of their operations.

    So we got two stolen images on shitty sites taken down in this thread? Progress is sweet! but considering the payouts, why arn't we ALL just trying to get our work stolen so we can sue for millions?

    Nice painting by the way! Also Dragons don't really like being confined to cheap plastic charms or even being associated with them...vain creatures you know....and deadly. So give a real dragon a heads up and maybe they'll take care of it for you....if "Lilith" ends up with a really irate dragon on her ass she'll think twice before stealing art XD
    ---- -
    sehertu mannu narāṭu ina pānāt šagapīru ningishzidda
    abrahadabra

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. crazy crazy temples
    By waronmars in forum Artist Lounge
    Replies: 12
    Last Post: December 1st, 2008, 02:10 AM
  2. stolen art
    By Bodhi Tree in forum Artist Lounge
    Replies: 7
    Last Post: July 10th, 2007, 03:15 PM
  3. My art has been stolen! WOO!
    By Steph Laberis in forum Artist Lounge
    Replies: 19
    Last Post: August 7th, 2005, 11:55 AM
  4. Are these stolen?
    By Sandizzle in forum Art Critique Center
    Replies: 18
    Last Post: March 1st, 2004, 11:28 AM
  5. stolen bio
    By RudeCorleone in forum Artist Lounge
    Replies: 18
    Last Post: January 7th, 2004, 03:19 AM

Members who have read this thread: 1

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Developed Actively by the makers of the Best Amazon Podcast