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Can anyone advise on how to pursue copyright infringement

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Thread replies: 86
Thread images: 14

Can anyone advise on how to pursue copyright infringement on my artwork?
>>
You'll need a lawyer and a "cease and desist" order. Also, you better turn this thread into a storytime.
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You mean you want the guts?
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>>2591936
You don't even need a lawyer if it's just some kid. Find a fancy C&D template online with scary walls of text and send it to them. They'll freak.
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>>2591936
>>2591948
Cease and desist? I was a more "Where's the money George???" frame of mind...
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>>2591953
The cease and desist letter can be followed up with other negotiations. You can sue or come up with a mutually beneficial agreement of some kind as well; a cut. TALK TO A LAWYER.
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>>2591970
I'm dead broke... I assume I am going to have to pay for this

:O(
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>>2591975
Are you a 14 year old from DA?
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>>2591975
how about you tell us what happened so we can help you better.
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>>2591988
Artwork lifted, almost exact... and used on a published product

I've found the agents of the artist involved and will make contact.
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>>2591988
>so we can help you better.
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>>2591992
Well, that's kind of sucky... Don't know much about how to deal with copyright infringement, but hopefully some of the other anons can help you out.
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>>2591992
The legaladvice subreddit can probably help you lots
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>>2592016
>The legaladvice subreddit
Pardon?
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>>2591929
Pretty sure you can hire ass si nos over tor
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>>2592019
>muh lereddit meme xddddddd
To be realistic it might be a good place to get advice

inb4 back2reddit
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>>2591929
story??
>>
>>2592032
My art has been copied and used on a published product
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>>2591929
Unless you're being fucked out of big money, there's no real point. This better not be another one of those DA fags who thinks someone is ripping off their ultra sweet "designs"

If someone is however legitimately infringing on something you own first tell them to stop, if they don't get a copyright lawyer to write a cease and desist letter and send it to the infringing party. If that doesn't work your only real option is to sue them in court.

Unless you are being fucked out of some decent dosh though there's no point because lawyers cost big money. On Top of that if you don't have the copyright actually registered you're going to have limited options when it comes to recouping damages.
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>>2592086
>g on something you own first tell them to stop, if th
It's in the shops now it's a bit late for that

>>2592086
>if you don't have the copyright actually registered
Well, I can prove my design by dated photograph
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OP can you post your original work and the rip so we can ascertain the full scale of the plagiarism? I mean are we talking exact here?
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>>2592185
No way I've got their agent on the line, I need my Anonity
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>>2592204
Obviously you don't need our help then.
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>>2592226
I do, though I'm aware the more I tell you the more I'm chum
>>
lel OP is probably some retard who thinks he's original but he's not
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>>2592130
>Well, I can prove my design by dated photograph
not good enough
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>>2592405
That's why I will ask to see their documents for commission at the court hearing

It will fall apart eventually, it is provable
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>>2592408
lawyers unlike artists wont work for exposure
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>>2592419
slowly slowly catchie monkey
>>
This is the response I received from the agent


--

Dear Anon,

Thank you for your enquiry. For the avoidance of any doubt we can confirm Mme.x‘s work is entirely original and does not draw on any other artist’s work whether Mme.x is working to a brief or entirely from their own imagination. We do not believe that a permission will be necessary .

All best wishes,

Anon.

--
>>
>>2593266
kek. what were you expecting? "oh sorry our guy jacked your shit here's some money"? they know you won't do shit because they know its not worth going to a lawyer for
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>>2593336
He has no way to know whether or not it's worth it until he actually makes a move. It's not like damages have to be all that proportional anyway. If OP wins they'll not only have to pay the damages but the court fees.
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>>2593336
It comes as no real surprise but it's the beginning of a dialogue

I'm sad that I'm in this position
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>>2593346
>If OP wins
Great, meanwhile you have to pay the lawyer and wait to be reimbursed on the back end. IF you win, assuming the image is not different enough to be considered transformative by a judge who knows shit all about art. Also OP didn't have the image or ideas registered with the copyright office (you pay to do this) so his ability to sue for monetary damages is limited in my understanding of the law.

So the best you could hope for is to sue to make them stop doing it, but then you're out the money and time. You can go this route out of spite but after the first few hours you put into this I doubt you'll care anymore.

This sort of thing is unfortunately the price of playing the game. (posting work online) and why ultimately ideas are more important than any single image since no one can't steal your ability to create new work or intellectual property. If someone wants to take your shit, as a individual, you have very few options to actually make them stop beyond a lawyer letter and threatening a suit.

Either way the image is still yours and you can do whatever you want with it since you have proof you made it. If the product is popular try and sell prints of the image off the back of it, they're giving you free publicity. If you can make as much as the job would have payed as a freelance gig then you're doing pretty good.
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>>2593425
I feel for you, family man. Gather your definitive evidence, and prepare for battle.

Stephen Silver had a similar problem with someone selling his shirt on Ebay and Ebay took it down on his behalf. Is this being done through a site like Ebay or is it a private website? You don't need to interact with the greaseballs at all if that's the case. Just talk to Ebay or Amazon itself.
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>>2593434
It isn't some rogue Ebay trader it's established media design houses, they have a legal department
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>>2593471
Would've been nice to know from the beginning. You're fucked dawg
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>>2593432
I know I'm going to be punching against a brick wall on this

My problem is ok, the image is assimilated in the cultural cauldron of the public's conscious, so in that regard I'm grateful

I don't begrudge their success wit it

but, as I'm not someone that is recompensed it kills my art, what I do is expensive to create, and the germ of my genius is taken for free, well fine, but I'm not in on the deal so... what I'm trying to do withers and dies

It's destroying me and leaving me very upset
>>
I just want to see OP's work and what was jacked. How do we even know they're at all alike and it's not just OP letting an ego get in the way?
>>
>>2593488
yeah, maybe not, I'll follow this one, sometimes people win...

https://news.artnet.com/art-world/orlan-lawsuit-lady-gaga-new-york-403937

sometimes they don't
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>>2593495
>I just want to see OP's work a
Yeah Ronald go back to /v
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>>2593506
the more you post the more I think you drew like a circle and they drew Mickey Mouse
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>>2593522
The composition is identical in that it could be traced on all it's uniquely placed points and also the coloring is the same hue peculiar to my image
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>>2593522
Maybe it's that one guy with the neon green moon mountain. Remember that thread? Hopefully it's archived because DAMN, I can only hope op is that delusional
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>>2593530
Alright, now you have to post the pictures.
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>>2593548
No I don't.

but, to other anons making art, this is a serious quandary you can face

http://pitchfork.com/news/44659-russell-simmons-defends-jay-zs-occupy-wall-street-t-shirts/
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>>2593266
Then I said

---

Hello Mme.X,

I'm afraid I do not believe this and am quite upset. This is not the first time my art has been appropriated and I am tired of it.

Somebody has clearly seen my art and the image used for publication by Anon Corp. Esq is almost identical.

I earn nothing and am watching my imagery (all be-it by another hand) generate revenues for lots of people.

Normally it would be a compliment but the extent to which this is happening to me is rather harrowing.

I await your further response,

Rgds, Op

--

I'll let you know...
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>>2593715
All Iwant to know is

"Why is this happening why... Why?

is it a positive or a negative?

does it mean one day things might work out

or

I'm a useful fool but "no way you'll never be accepted in polite society


It keeps me awake at night
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How can I upset an artist by making a character that is "inspired" by one its own that is normally behind a pay wall? And how can I avoid the lawyers?
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"beholden as I am to poverty, frauds, blackmailers and creeps"

The only person that buys it can't afford to, so I try to negotiate them down to the lowest price possible, they actually care about my art so that's wonderful. And better than the converse, being forced to a low price at the hands of a chancer only for them to flip it and leave...

but it brings us no success
>>
wait what's going on now
>>
Op is a dumb ass kid who was recently harassing a young girl because her moon/mountains horizon painting was supposedly a rip off of his. Sage and ignore this goofball.

[ - ]
>>
Reminds me of a thread where someone bitched that a girl in his class traced his artwork
It was funny because he was dumb enough to post them
His was I just bought acrylics tier while the girls was a proper painting
Also both were very unoriginal
>>
>>2593735
>>2593744
>>2593743

up your game
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>>2593746
Prove us wrong, you type just like the sperg. The only reason you aren't posting the work side-by-sise with your own is because on some primal level you're self aware enough to know you're being retarded and you're going to get shit on if you do.
>>
>>2593749
I don't have my image available Anon.

"welld that mean ss ghjsgjbhmhj\skgnjdefsk;bjgdfv

no, it's not with me here...
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>>2593758
Wat
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>>2593763
Yes
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>>2593758
This is getting fucking surreal

Best thread on /ic/ at the moment
>>
DON'T KEEP SPEAKING TO THEM WITHOUT A LAWYER YOU DUMB CUNT
Seriously, you think you're smarter then a business that makes their living doing this?
SHUT THE FUCK UP. JUST SHUT UP.
The more you talk, the more wriggle room they have.

How do I know?

>Create logo design for a business to see if they like it
>"Thanks Anon, we'll think about it and get back to you... Okay, we thought about it. Thanks buts it's not quite what we're after as our image/brand atm..."
>Bummed but think nothing of it...
>Until two weeks later where I see THE EXACT SAME THING BUT REVERSED AND IN A DIFFERENT HUE
>It's on their everything. From paper to uniforms...
>Email them explaining that this is """my""" design, provide evidence and correspondence logs.
>Believe that if I make a compelling, fair, rational case on why this isn't "fair use" I'll be able to negotiate a percentage, a one-off payment, or even just a fucking credit.
>Hear nothing back for a week.
>Email them again as nothing has changed except that they have more stuff with """my""" work on it.
>Week later.
>Subpoena arrive in mail.
>They're pressing an infringement case AGAINST ME for my OWN FUCKING DESIGN that they ripped.
>Still too young to know how fucked the system actually is, but I've watched enough TV lawyer shows to think I know what to do.
>40 minutes later judge rules that I owe them 5k for "infringement of IP and attempt to basically steal it back and slander, et al..."
>They had it registered the DAY I gave them the sample.
>I was the bad guy all along, they just waited for me to give them the evidence.

I now never work pro-bono, give free samples, or even answer enquires that don't come through my filters (Company name, projet type, budget, etc).
>>
>>2593783
>Email them again as nothing has changed except that they have more stuff with """my""" work on it.
>>Week later.
>>Subpoena arrive in mail.
>>They're pressing an infringement case AGAINST ME for my OWN FUCKING DESIGN that they ripped.
>>Still too young to know how fucked the system actually is, but I've watched enough TV lawyer shows to think I know what to do.
>>40 minutes later judge rules that I owe them 5k for "infringement of IP and attempt to basically steal it back and slander, et al..."
>>They had it registered the DAY I gave them the sample.
>>I was the bad guy all along, they just waited for me to give them the evidence.

man that s fucking bullshit. but thats also why i to never work for free.
>>
>>2593783
You're a dumb motherfucker if you think you can't just counter sue. There's no way in hell I'd allow that shit to slide.

You and OP need to know this: (Assuming you're in the US) you DON'T need a lawyer to take someone to court, it should cost you at most about 40$ to file the pro se paperwork, but you can and SHOULD get a Contingency Lawyer, someone who isn't paid unless you win, but in which case they take the biggest cut of the payout. You just need to show the Lawyer your original time stamped files and shit, so he knows that you'd obviously win but you're were too ignorant of the law (or stupid) to deal with it on your own.

The world is NOT some fairy tale where big bad guys can push other people around because they have more money "and the only way to win isn't to play the game at all." If you actually have evidence of shit, you can sue them.
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>>2593796
>The world is NOT some fairy tale where big bad guys can push other people around because they have more money "and the only way to win isn't to play the game at all."
that's like the opposite of a fairy tale
>>
>>2593807
That's the plot of many poorly written kids' stories: "the big bad guy is too rich to touch, so you have to take the law into your own hands." That's fairy tale bullshit.
>>
No new response today
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>>2594347
Find your art yet, champ?
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>>2594382
Check the archives

How are you on watercolours?
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I can't let them keep getting away with this it's not fair,
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>>2596420
unless you can afford court your only option is to post both images on internet and hope people will attack them on twitter or something
and even then u wont get money all they will do is replace it
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>>2596420
life sucks
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>>2596422
since when has 4Chan done anything other than stand on the sidelines and laughed at posters while goading them towards suicide?


like any body here would help me ever
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>>2596436
it's destroying me :/
>>
>>2599182
I meant for you to do it on reddit not here
>>
>>2599199
why reddit?

It will most likely back fire, like the person who complained Justin Bieber stole her song, perhaps he did? Similar thing happened to me so maybe he did, but everyone hated on her for saying about it
>>
>>2599201
the other thing is, it should help me be successful, my idea has worked! it's out there!

...but when I go to galleries, they treat me like shit, they're closed clubs that are either some rich people totally totally rigging the market


or it's a rich wife vanity project,

:/

"it would be popular, put with other people and handled right it could launch peoples careers"

...may as well cut my tongue out


;O(
>>
>>2599201
They didn't steal a song
Skrillex just ripped off small part of it and made other bitch sing it
>>
>>2593715
>harrowing
wow you sound like a sperg
>>
>>2599212
It is upsetting.
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>>2599208
http://www.tmz.com/2016/05/27/diplo-justin-bieber-skrillex-sorry-lawsuit/

It's a difficult call. Did they hear her first? If they did then I'd say they owe her.

Or did they invent it independently?
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>>2599216
rummor is skrillex had it on his hdd but it doesnt matter since skrillex literally ripped it off
but they dont owe her shit
by your logic no product should ever be made because someone made something similar before
>>
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>>2599219
>>
>>2599220
oh wow nice ripoff of Kazimir Malevich black square
you better pay him faggot
>>
>>2599222
>>
>>2599225
arent you concerned about his feelings? you cant just post images of black color
he used it first and you have to give him credit and money
>>
What's the published art in question? Mind linking?
>>
>>2599276
I don't want to upset the person involved as I do respect them so won't post it just yet
Thread posts: 86
Thread images: 14


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