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:iconkmye-chan:

*kmye-chan

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+ What to do if you've been ripped... +

Mon Oct 30, 2006, 10:26 AM
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Currently working on : Commissions

As some of you might have noticed, there has been a huge increase of stolen works reports lately in DA journals... and it soon appeared that many, many people don't know what to do when their work has been stolen. Nothing to be ashamed of - it's pretty normal after all if you've never dealt with the problem before!
So... I wouldn't call this a 'tutorial', but this is what I do when my work is ripped somewhere, and it works 99 times out of 100. It took me quite a long while to work out how to properly ask for my work to be removed from different places - so I thought it might be useful to some of you here and decided to share it here.

Once more, this is NOT a tutorial. Deal with the problem as you wish. If needed, you will be able to find a link to this journal at the bottom of my next journals. "Enjoy" (if possible)! :)



What to do if you've been ripped


VERY IMPORTANT: If you spot an artwork that belongs to an artist you know, and if you think it's stolen - don't do ANYTHING yourself. Contact the artist and let them deal with it. Firstly, because they might have given their permission for that use. Secondly, in most cases, unless you swear under penalty of perjury that you speak on behalf of the copyright owner, your report will be ignored. So let the artist sort it out, and everything will be for the best.


If you've been ripped by a DeviantART user : FAQ #155: How do I report suspected policy violations on submitted deviations?
Check it out. Honest. It works. No need to insult the admins, by the way.



If you've been ripped outside of DeviantART
Now we're getting to the bottom of the matter.

First and foremost, calm down.
Yes, it's really, really annoying to find out that your artwork has been used without your permission, and yes, this person is violating your copyrights, but... don't blow it out of proportions. Keep everything moderate - honestly that's how you'll manage to have things cleared out the fastest.

--> Your work is displayed on a blog, a website, etc, or it's been altered into a layout, icons, banners, etc, but the person isn't making money off your work.
Well, okay, it's not very cool not to ask for permission, but in 90% of cases, you're dealing with a 13-year-old who doesn't know they're doing anything wrong, and are showing off your art because they think it's pretty. And usually they BY NO MEANS try to claim it as theirs (some even credit). Let's face it - they were not trying to steal your work. So even though I'm all for educating them to copyrights early, there is no need to insult them or be vicious.
All you have to do is find their e-mail address or PM, and send them a message letting them know that you are the copyright owner of the picture, that unfortunately you don't allow this type of use of your work, and that you either would like them to credit you, or have your picture removed, up to you. Be cool, say thanks. In most cases, they'll remove your picture without making any problem.

--> The person ignores you, refuses to remove your artwork, or you can't find their contact information.
Then contact their host. If the rip is on a site like Myspace or Blogskins, you'll usually find a 'Report' or 'Contact' button. In most of those sites, the admins take art theft very seriously because they can get in heavy trouble if they refuse to remove copyrighted material. If the site is a personal on, try doing a WhoIS and get in touch with their webspace provider directly. Be polite, provide your name (or artist name), explain the situation, throw in a link to the stolen work and a link to your original, and if you use them, point out at your signature and/or watermarks on one or both pictures, then state that you don't allow this type of use and request to have your work removed. Also, give an e-mail address where they can get in touch with you if needed. Keep in mind that the admins are not the thief, they're rather on your side, and generally they'll be less likely to help you if you insult them than if you're being professional and polite.

--> The person is claiming your work as theirs, or is impersonating you, or they're claiming to have your permission for uses you don't allow.
Now that's getting quite serious. You have every right to be unnerved. If you want to give them a piece of your mind, up to you. But I would advise not to get in touch with the thief - all you'll get is a cat fight and your nerves in a wreck. Contact directly their host, don't loose your time. Also, there is nothing to gain from lauching a flame war or asking your friends to spam the thief - remember that those posing thieves enjoy attention. Sooo... bad them, no attention!

--> The person is making money off your work.
This is really, really serious. If you're dealing with a company that are likely to make a lot of money off your work, I suggest you get in touch with a lawyer, or an association for the defense of artists' rights.
In any cases, the best thing to do is to send them a Cease and Desist letter (see further). If they refuse to comply, sue them. Have no remorse. Be pitiless.


Okay, I guess I've covered the main cases here... I'm by no means a specialist or a lawyer, and there are people that are much more qualified than me, but if you have a question, feel free to ask.

All in all:
--> Unless the person is obviously trying to scam you (making money, impersonating you, refusing to remove your work), keep cool and be nice. You won't get anywhere with insults. Asking gently gives good results, and educated the person you've been asking. Everybody wins.
--> If you're obviously dealing with someone who's not trying to help, deal directly with the admins of their host site.
--> Keep things in proportion - but if necessary, don't be shy, either.
--> Be professional at all times. No insults. Nothing that could be turned against you.


A few useful links...
What is copyright?
What is a Cease and Desist letter?



Pfewww... that was long to type, so I hope it helps! xD;

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:iconpema:
Great! Thanks! Is always nice when someone with more experience helps the others! :kiss:

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:iconmireeosment:
oh this is very useful!! *o*

i hope nobody steal my arts one day :XD:

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(¸.·´ (¸.·`¤.Poison¸.·` "Poi-chan"
:iconkmye-chan:
That's all I can wish you! :D
Having your art ripped is no fun...!

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Kmye-Chan.com | Blog | Portfolio
:iconclouded-mind:
Nice job, this should really help a lot of people.
:iconjeregrettebcoup:
This was very helpful! :clap:
Not that anyone would want to steal my work! But at least I know what to do.

Have you ever had a case where someone's made money off your work?

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:iconkmye-chan:
Once someone used my work for 'online stickers' that you could either buy with money or with points you got by browsing the site - but I doubt they ever made money with that. Other than that, not that I know of - but I know that someone got their hands on the high-quality files of a few of my works (blame it on my stupidity, though), and God knows what they're doing with it now. Maybe you can buy t-shirts with my work in China and I don't know about it. :/

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:iconmireeosment:
i can imagine ; ^ ; those people that have none criativity =.="

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~★Blood Poison Wednesday★~

(\ /)
( . .)
c('')('')
¤´¨)
¸.·´¸.·*´¨) ¸.·*¨)
(¸.·´ (¸.·`¤.Poison¸.·` "Poi-chan"
:iconseruomen:
This is a very useful journal post. Thank you^_^

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:iconrwen:
Thank you for offering a guide on how to handle art theft. I've been fortunate to have only encounted this in a very limited scope... though that could be because my stuff isn't really worth stealing lol.

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:iconpirpirnaz:
thats so nice of you darlin' thank you so much.. I hope I'll never face a situtaiton like that but if I do this journal will really really help me I guess..
thanks again

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=aki-mikadzuki:iconaki-mikadzuki:
very helpful artips! inspiring :worship: looking forward to the next one. :w00t:
Wed Nov 4, 2009, 1:15 AM
~misslindy:iconmisslindy:
lovin these artips! :D
Tue Nov 3, 2009, 11:57 AM
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Watermelon choo choo "D
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I SHOUT FOR THE HECK OF SHOUTING!!!!
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You are amazing. Keep up the good work :)
Tue Oct 6, 2009, 1:41 AM
=aki-mikadzuki:iconaki-mikadzuki:
awesome journal entry! can't wait for the next Artips. :tighthug:
Mon Oct 5, 2009, 9:11 AM
~Boobellema:iconBoobellema:
wonderful journal entry. it goes along with one of my favourite sayings. " perfection is a road, not a destination ". thank you for being an inspiring influence on other artists. it's not easy to be that way.
Thu Oct 1, 2009, 12:38 PM
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lemon curry? o___0
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