Just stumbled upon this hardcover book (for an RPG).  Here is the link to the original art from my gallery.

While I've caught many people trying to pass my art off as their own, 'tubing' it, doing paintovers, etc this is the first time (that I'm aware) that someone has actually printed it on a book and is using it commercially without my permission  (my morphs/textures/meshes are another story).

TBH I'm not really sure what realistic recourse I have. 'Hire a lawyer' is going to be the obvious suggestion but I am a very busy individual, I'm leaving for Europe in two months, and I dont have the time, money, or energy for this sh*t right now.

However this type of thing pisses me off beyond words so I'm not just going to let it slide.

If you want to use my work for something, want one of my products and just cant afford it (psst: spending hundreds of dollars at Daz and then whining to me that you cant afford GND doesnt count), then FFS just ask me instead of stealing it.

If you inform the publisher that their "artist" has endangered the company with his or her complete lack of talent and honesty, maybe they'll replace the cover art. Failing that, drop the nukes.

Well, the first thing to do is find the organization which stands to gain financially from the sale, and politely but firmly, issue a cease and desist.  Put them on notice that they are gaining financially from a copyright violation, and that you intend to take whatever measures are necessary to stop the infringemnet.

A lawyer can't do much more than that at this point anyway, and you can write a much less expensive notification yourself.

Before any legal action can be taken, you have to issue a notice of infringement.

Attorneys will tell you that your copyright, trademark, etc. are only as strong as you ability to protect it.

Get a lawyer to write the first letter.  Most lawyers will write a form letter on their own letterhead for a reasonable price, and the letterhead makes a big difference in responsiveness.

Yeah, I'd send the publisher a letter.

Laurie

Quote - Get a lawyer to write the first letter.  Most lawyers will write a form letter on their own letterhead for a reasonable price, and the letterhead makes a big difference in responsiveness.

a reasonable price being ~$200?

this is why i was asking about realistic recourse.  getting screwed, and then paying more money out of pocket that ill never recover doesnt exactly appeal to me.

you know, come to think of it, theres probably a pretty decent market at Rosity for a bored, retired lawyer to make some decent coin sending cease and desist, copyright infringement and other notices.  hell you can even 'upload' the options, or block time, as products and make a 70% software cut if you wanted to go through the marketplace instead of peddling through paypal.

I'd try the publisher first. On your own. Explain the copyright infringement and offer them to view proof. At least they'll know it's been stolen. Maybe they don't even know it's someone elses work if the "artist" gave it to them in good faith. But they'll be the ones to get sued, believe me. LOL. And if you think they are making real money, I WOULD sue.

Laurie

First step-- contact the publisher and inform it that the cover art was stolen from you.  Unless the publisher is real scum, that should be sufficient.

To take any kind of actual legal action-- like filing a lawsuit-- you need to have a registered copyright of your work.  So if you don't already have the copyright registered, do it... just in case.

Pathfinder is a pretty good publisher for FRPG (fantasy role playing game) materials.  One of the things I've noticed over the past couple of years is that they option other writers and creators materials that are adapted to their specific system.  If they outsourced the cover art they may be just as aghast as you are when they are informed of the primary copyright infringement.  Who knows?  You might get a couple of cases of their materials as an apology.  That's what I got from TSR decades ago.

Gabriel,

You can also issue a DMCA takedown notice to the web store where it is hosted...

Good luck!

I agrre that an atty may not be able to do much more initially but ... An atty, preferably an IP atty can explain all of your options, chances of success and how much it will cost in time and money. If you're serious, those are seriously worthwhile. Also, if you don't know what you're doing, you could conceivably damage your own case with amateur complaints/demands. INAL but this seems a bit different to me than just getting a website to take down something. These people have pretty clearly already started making money off your work in a tangible product. I wouldn't usually advocate enriching a lawyer but in this case, I think that would be the wisest course - probably wiser than seeking advice here - with no disrespect to anyone.

I do sympathize and agree with WandW about the DMCA take down if possible. Generally most sites will comply within a timely manner if notified.

If you contact the publisher with proof it's possible they will remove the product from the market place. That said, have you always used only your products to promote your work? No hair or clothing from another vendor, or pose? No background or python script to create the scene, or 3rd party CGI program to render? I'm not siding on the person who did this, obvious plagiarism. There's no defense for blatently using someone else's work without permission or license.

On a side note, there are several interesting TED talks about copyright math.

http://blog.ted.com/2012/03/20/the-numbers-behind-the-copyright-math/

On another side note Larry Lessig talks about the current laws and remixing.

http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

Quote - On another side note Larry Lessig talks about the current laws and remixing. http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

unfortunately im on limited 3G broadband and dont have the luxury of watching 20 minute videos -- but current laws 'choke creativity'?!

Larry Lessig can choke on my ****

just send the publisher a bill to pay for the artwork ..

payment 8 days ..

Then wait for them to contact you ... 

You have nothing to do with the artist they hired ..they used you work so sent them a bill..

and Next time WATERMARK your work ..saves a lot of sh!t...

Quote - and Next time WATERMARK your work ..saves a lot of sh!t...

that work was watermarked -- unless by watermark you mean check the DA option that places a massive, opaque DA logo smack in the center of your image.

in that case i wouldnt even bother uploading any work at all.

Bill the publisher and add a cease and desist order, plus damages for those that have already been sold.

All the best.

LROG

Quote - On another side note Larry Lessig talks about the current laws and remixing.

http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

No where in that video did the guy say that mixing other's material was LEGAL, only that he thought it should be, the idiot.

The most profound reason that it's illegal is so that the creator can have control over where and in what context his artwork is shown, and that he be compensated for it. How hard is it to contact someone and ASK them if it's ok to use their work?

Laurie

Make sure you hit the right target. The RPG is "Pathfinder" compatible. Not from the publisher of "Pathfinder".

My suggestion would be to post a thread about this on rpg.net the members over there hate it when things like this go on and the negative publicity it will garner for the publisher will tarnish their reputation for a long time to come.

Also you will almost certainly get help in contacting the publisher if you ask, it is a good community that has taken issue with things like this in the past.

Quote - > Quote - On another side note Larry Lessig talks about the current laws and remixing. http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

unfortunately im on limited 3G broadband and dont have the luxury of watching 20 minute videos -- but current laws 'choke creativity'?!

Larry Lessig can choke on my ****

Nothing like judging a viewpoint without seeing the video.  Easy to give a flippant answer. Transcript version though the script is not the same without the video.

http://dotsub.com/view/d3509948-261f-4fbb-9b7c-c63110f13451/viewTranscript/eng

The point he's making is how many artists re-use other artists work (especially in music, this is very common). Many songs sample usually without permission of the original artists. The video explains this in a rather humorous way. Technologically speaking the current Apple vs. Samsung patent lawsuit is an example of how consumers lose. Even the judge stated consumers lose (though she sided with Apple in the end). Samsung wasn't allowed to show how Apple "borrowed" ideas from other creators (one example was the tablets being used in Star Trek).

Angry outbursts tend to cause people to lose sympathy by the way. Being that your customers read this I'd keep the tone civil even though I think you should keep your anger directed at the original violator in you mentioned in the top of the thread.

Quote - > Quote - On another side note Larry Lessig talks about the current laws and remixing.

http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html

No where in that video did the guy say that mixing other's material was LEGAL, only that he thought it should be, the idiot.

The most profound reason that it's illegal is so that the creator can have control over where and in what context his artwork is shown, and that he be compensated for it. How hard is it to contact someone and ASK them if it's ok to use their work?

Laurie

Once again, I point to the music industry as a prime example. Film as well. He's not arguing that copyright should be ended. He's arguing the law must be changed. A prime example is copyright problems are when it's used to incorrectly to halt parody or satire. The current law in the US and fair use.

http://www.copyright.gov/fls/fl102.html

Quote - Angry outbursts tend to cause people to lose sympathy by the way. Being that your customers read this I'd keep the tone civil even though I think you should keep your anger directed at the original violator in you mentioned in the top of the thread.

who's angry?

lighten up man, it was an offhand remark directed at a liberal political activist and his "market-based" approach to intellectual property regulation.

also note that i didnt say dick, or cock, or balls -- i censored it out with ****, keeping it all super civil :)

as for my customers reading this:  many of them have been customers from way back --  im like a teletubby now compared to how i was a decade ago :)

cheers,
-Gabriel

Quote - ...--  im like a teletubby now compared to how i was a decade ago :)

Hahaha...no doubt ;). (but not LaaLaa) :P

Laurie

This reminds me of the story of a (very well known, by I forgot his name, sorry) artist who just send a reminder to the publisher that he still had not seen any payments for the copyrights etc, so perhaps they could give it a look in their administration. And by the way, you have some extra's to offer as well.

This positive, non-escaling but firm approach landed the guy a life-long relationship with that publisher. Publishers don't want to escalate, they don't want law-suits for a book-cover, they want good book covers without trouble. You can give them that.

My message: artists should not invest in negative energy. Go for the positive twist.

All the best

^the problem is that this is not a major publisher.

its a small company where it seems like there is one guy running it, writing the books, publishing them. seems he hired out the art side of things to an 'art director' who took it upon himself to steal peoples work.

but thank you for the tip - and yes that does indeed sound like a good approach.  i neither have the time, nor want to do book covers though -- but ill try and apply that approach in any future such dealings when i can.

the problem is that in most cases where you notify individuals/small-fry companies of copyright infringement of this (or any) nature, overwhelmingly you get denial, attitude, nastiness, threats, accusations (you stole the work from me) or outright ignored. 

people make mistakes and sh*t happens, so if someone just apologized and tried to make it right by removing the work, crediting and/or offering compensation i would be much more favorably disposed towards them.  antagonize me enough when you get caught stealing my work and i will go well out of my way, even pay out of pocket, just to punish you.

I've flagged 4 posts for language, guys, don't forget the flag.  Even when quoting or censoring language.  Gotta flag it.  

Thanks.  

Also, Blackhearted keep us informed of how it turns out.  I'm curious how the publisher will deal with it, if he paid the "artist", etc.  

I would start with a DMCA notice to the publisher of the book.  A cover letter can be included , be polite, no threats, but you may choose to offer them the picture at normal commercial rates.

You need adequate evidence that the pic is yours , so a website that shows when the pic was uploaded would do.

Realize that anything said to anyone may be used if the matter goes to court. Also realize that an unregistered copyright is not eligable for punative damages, only real damages which could be hard to show if you dont have previous sold work.

At least get your name on the credits for the cover if they continue with that image.

some lawyers will do a letter for about $50.  A letter from Aron, Benson and Swartz, Attorneys at Law may get quicker results than a letter from Billy Bob of Podunk, Arkansas.

• no offense to any Billy Bobs or residents of Podumk or Arkansas.

Polite contact is always your best first move!

Contact the publisher explaining that you are the owner of the work which has been used without your permission. Explain that they will either need to pay you compensation for the use of your work, or remove it and destroy all copies. Keep it professional and remember to stay professional whatever their response.

They may be a small publisher, but as a publisher they should be well aware of intellectual property rights. It's quite possible that they may not be directly responsible if they've been supplied with the image by someone else (and may be fairly horrified to discover this!), but in that case you'll still be dealing with them and it's up to them to sort it out themselves.

Something else to consider, since your original image turned up 4 hits using Tineye, they could dig their heels in and require detailed proof.  (photoshop layers, pz3 screenshot, etc)

Quote - Pathfinder is a pretty good publisher for FRPG (fantasy role playing game) materials.  One of the things I've noticed over the past couple of years is that they option other writers and creators materials that are adapted to their specific system.  If they outsourced the cover art they may be just as aghast as you are when they are informed of the primary copyright infringement.  Who knows?  You might get a couple of cases of their materials as an apology.  That's what I got from TSR decades ago.

It's actually published by Cubicle 7, which makes Pathfinder compatible products.

its been removed, and the writer/publisher has sent a notice to the stores where it is hosted to remove the image from there as well.

during the email correspondence theyve admitted to it being an infringement, money has changed hands, I have irrefutable proof that I created the image, and it was harvested from a site that has the copyright (2005) clearly posted -- so I'm not really worried about my legal standing.

seems he had an 'Art Director' working on the graphic side of things and he just took it upon himself to harvest work from DA and other sources. 

I'm not super pleased with how it was handled but its been taken down and I dont really have time to mess with the issue further - I have several projects I need to finish, this has already wasted half my day :(

thanks for the help folks, appreciate it!

I'm glad things were sorted out, now bck into the dungeon to do you other work!!! LOL.

All the best.

LROG

I'm glad to hear it was taken down but its too bad the art director got paid.  Sadly, this happens a lot.  I once got into a discussion with someone who worked for an ad agency and his attitude was to continue stealing until they were caught and then deal with it.  

There are so many talented people out there, why don't they just commision work from them.

But then again, if they can get away with it, they will.

All the best.

LROG

Quote - This reminds me of the story of a (very well known, by I forgot his name, sorry) artist who just send a reminder to the publisher that he still had not seen any payments for the copyrights etc, so perhaps they could give it a look in their administration. And by the way, you have some extra's to offer as well.

 

This positive, non-escaling but firm approach landed the guy a life-long relationship with that publisher. Publishers don't want to escalate, they don't want law-suits for a book-cover, they want good book covers without trouble. You can give them that.

My message: artists should not invest in negative energy. Go for the positive twist.

All the best

The story of Ray Bradbury and EC Comics springs to mind.

From wikipedia:

Adaptations of Ray Bradbury science-fiction stories, which appeared in two dozen EC comics starting in 1952. It began inauspiciously, with an incident in which Feldstein and Gaines plagiarized two of Bradbury's stories and combined them into a single tale. Learning of the story, Bradbury sent a note praising them, while remarking that he had "inadvertently" not yet received his payment for their use. EC sent a check and negotiated a productive series of Bradbury adaptations.[9]

Friendly but firm and professional is probably the best way to approach it...

...my tuppence worth.

Good to hear it was resolved successfully and quickly!

Can only hope it might make them look a bit more carefully at the source of the artwork they're using in future.

In college Illustration class, my teacher, who was a pro illustrator told us he found one of his images in an art gallery book. He contacted the publisher himself. They apologized, don't recall if he said they paid him for the work or not.

Perhaps, in the future, this publisher will know who to contact when they need another cover artist ^ ^

my Poser Animations

Gabe - a fellow Dalek builder who goes by the name of Librarian-bot had his artwork used without permission a few months ago.  

He also posts on Deviant Art, so you could always try to hook up with him on there and ask what he did.  Other than that, you could always join Project Dalek to ask him. :)

Ah. Just read your later posts.  Forget everything I just said.  Unless you're crazy about Daleks, that is. :D

i didnt realize there was such a thriving Dalek subculture :)

wheres my TARDIS?

Quote - Make sure you hit the right target. The RPG is "Pathfinder" compatible. Not from the publisher of "Pathfinder".

Right.  The publisher for the Pathfinder game is Paizo Publishing I believe.  Thanks for catching that mistake.

Quote - Nothing like judging a viewpoint without seeing the video.  Easy to give a flippant answer. Transcript version though the script is not the same without the video.

http://dotsub.com/view/d3509948-261f-4fbb-9b7c-c63110f13451/viewTranscript/eng

The point he's making is how many artists re-use other artists work (especially in music, this is very common). Many songs sample usually without permission of the original artists. The video explains this in a rather humorous way. Technologically speaking the current Apple vs. Samsung patent lawsuit is an example of how consumers lose. Even the judge stated consumers lose (though she sided with Apple in the end). Samsung wasn't allowed to show how Apple "borrowed" ideas from other creators (one example was the tablets being used in Star Trek).

I'm part way throuigh reading it, but I wanted to note that he cites United States v. Thomas Lee and Tinie Causby, but fails to note that in spite of the Common Law basis of their claim having "no place in the modern world", the Supreme Court still found in their favour...

I sent the Publisher a note (I am one of their customers - I got a response:

Hi Harry

Thanks for bringing this to my attention, we're already looking into the issue and the cover art has been discarded. The book is one developed by one of our publishing partners rather than by our own team, so this issue slipped in without me noticing. It looks like the fault is with the cover artist for the Apocalypse book, and neither us or our partner company will use this artist again. Fortunately the book hasn't been printed yet, so it's an easy one for us to put right.

Thanks

Dom

I just recently had a local business take one of my photos and use it on his business Facebook page, with no attribution, no credit, no payment. It got shared so extensively after that, that he decided to use it as the cover art.

Let me tell you, Facebook does not mess around with this stuff. I filled out their form, and within 8 hours, the image was removed.

In a way, that's also kind of scary. It's not as though they did any investigation to determine whether my claim was legitimate. If I'd claimed copyright on his entire page, they'd have taken down the whole page while he filed a counterclaim, with what looks like the burden of proof being on the accused to prove his innocence.

It's a problem, however, with DeviantArt -- it and FlickR are like the "go-to" places for art and photo thieves. And big ugly watermarks are the only way to prevent this kind of thing.

Whoever said that sending letters, other than, say, a standard DMCA takedown, can potentially damage your case is absolutely right. I've read of cases where someone threatened to sue over infringment and was then subject to an accusation of extortion. If they hire a lawyer and you don't, you may be in trouble. Best to be very careful in what you say.

Statutory damages for copyright infringement in the US range from $750 to $30,000, and for willful infringement, may go as high as $150,000.

I'm not totally familiar with US law, but if it's anything like Canadian law (as I understand it), asking for payment of a particular amount for your work may limit how much you can sue for, should you find that you need to later on.

If you do that, I almost think you could risk inviting the other part to say, "Okay, sue me then" because they know they'd at worst have to pay what you asked plus court/legal fees. And for that, you're unlikely to find anyone to represent you.

Here, you can make it clear you are making offers "Without Prejudice" by printing those two words at the top of any letters that contain some kind of discussion of settlement/payment. It means the contents of the letter are privileged and cannot be used as evidence in court. I believe it is the same in US courts. In this case, it would mean that asking the other party to pay you, say, $200 for use of your image, would not be used as evidence to prove that your image was valued at, at most, $200.

Disclaimer: I make liberal use of "I think" and "I believe" because I'm not a lawyer and certainly not an expert in US law, so I am just offering my personal interpretion of documents (statutes and judgments) publicly available, and not offering legal advice. :)

I'm glad you got a reasonable resolution Gabe! I also saw
Bernadette for V3- most amazing!

Sadly, nobody thinks my work is good enough to steal.

On the bright side (if there is one), is the fact that your work is considered of such a high quality to be sold conercially, must be a big feather in ones cap.

No, I'm not attempting to make light of such a serious issue, I'm just looking at it from a different perspective.

Imitation is the sincerest form of flattery. Theft is just annoying. I’m sure Blackhearted already know his stuff rules doesn’t need thieves to prove it.

This happened to me years ago, after someone "liberated" some below-par test prints of the band New Order from the waste bin of the darkroom I was using.  A few years later two of turned up in a record collector magazine, to illustrate a full-page article on the band.  I went to see a solicitor (what we call lawyers here in Olde Englande) who pointed out that in respect of the magazine publishing the article, the most I could hope for was to be paid the commercial rate for the two photos, whish was about £65 if I remember correctly.  I contacted them, provided them with copies of the negatives as proof of ownership, and they duly coughed up the £65.  I never went as far as tracking down who had supplied them and ultimately who it was who had misappropriated* them in the first place, If I'd had the time I would have.

*In English and Welsh criminal law, the owner of the discarded prints was and is still me.