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Another Artist Using Doll Likenesses Without Crediting?

Mar 5, 2014

    1. As many of you know, I have been working with an Ip lawyer on the recast issue and I have learned a lot. As many artists are not financially able to hire lawfirms, here is some information of what you can do that will not cost you. In particular if you work has been sold or is being sold.

      Mods, I hope this is ok to put here.
      You may wish to seek professional legal advice from a copyright attorney and to discuss your legal options. The Copyright Office is unable to provide referrals or a list of attorneys. Your local or state bar association may be able to recommend a copyright attorney, or an attorney who specializes in intellectual property, arts, or entertainment law matters. Alternatively, you may wish to investigate whether a public interest organization that offers services to authors and copyright owners, such as Volunteer Lawyers for the Arts, has a regional office in your area that may assist you with locating free or reduced fee legal services or assistance. In addition, local law schools may provide representation through clinical programs in Intellectual Property or Arts and Entertainment Law.
      If you believe that a criminal infringement of copyright has occurred, you may contact the Intellectual Property (IP) Program of the Financial Institution Fraud Unit of the Federal Bureau of Investigation.
      Two main FBI divisions investigate intellectual property crimes:

      1. Cyber Division
        -investigates intellectual property crimes involving all digital and electronic works (including Internet, CDs, DVDs, etc) www.fbi.gov/ipr
      2. Financial Institution Fraud Unit
        -all other intellectual property crimes
      There are three ways a complaint made be filed:

      • Complainants may contact their local FBI field office, and the complaint will be properly referred.
      • A complaint may be filed online at the Internet Crime Complaint Center www.ic3.govand, again, it will be properly routed.
      • Suspected criminal activity of any nature may be reported online athttps://tips.fbi.gov and will be routed accordingly.
      Finally, online service providers must comply with certain conditions if they wish to take advantage of certain limitations of liability when a user publishes infringing content on their systems. One of these obligations is the designation of an agent for notification of claimed infringement. To qualify for certain limitations on liability, online service providers must, among other things, provide contact information to the Copyright Office and through the service provider's publicly accessible website on โ€œdesignated agentsโ€ who will receive notices of alleged infringement. The Copyright Office website includes a directory of agents for notification that lists โ€œdesignated agentsโ€ for online service providers recorded with the Copyright Office. For general information on this provision of the law, see section 512. Also, see a summary of this provision of the law.

      So if your work is being sold, you have options with the FBI and they do take it seriously if indeed someone is profiting such as gallery paintings, on line sales, etc.
       
    2. Good point ... I remember seeing that way back when, but just assumed the one who submitted the "trick" in question owned the doll (and, consequently, the pic).
       
    3. He's populated his FB page with pictures of his toddler son now.

      Trying to play the sympathy card, maybe? "Sure, I'm a lying thieving jerkwad, but look at my kid!"

      Pathetic.
       
    4. Are we sure it's his child...?
       
      • x 1
    5. Could the photos of this child be stolen too? I would worry about this guys integrity regarding anything at this point. Are there angry parents out there saying "WTF, that's my kid. Oh no he didn't!". This guy should find something legitimately legal to do for money...
       
    6. I'm pretty certain I saw a few photos of him with the child before he blocked me. So the kid is at least related to him. Whether or not it's his son or like his nephew is another story. I'm leaning towards it really being his child and that he's just going for the sympathy card.

      EDIT: Not sure if this was mentioned yet, but his kickstarter, it says the project funding was cancelled by it's creator.
       
    7. He may have populated his FB page with his kid because he's been forced to take down so much of his "work." By the time you remove the BJDs, the Disney, the Marvel, the LotR, and the Furry art he's stolen, there isn't much left.
       
    8. Yea, plus it looks odd when you read on his account that over 1,000 photos have been suddenly 'deleated' or 'removed' including his banner photo.

      And I'm thrilled to hear his Kickstarter project was cancelled.

      I think he is just in damage control mode and posting kiddie photos to drum up sympathy and any attention....

      I've really been proud of this commumity and monumentally impressed at the 'visual memory' you all have to find not only the owners of the photos but also your ability to recognize background to games and other art images and the like.
       
    9. I wonder if this means his publisher has, in fact, contacted him? Asked him a few questions, so he canceled the kickstarter in an attempt to say 'No, no, of course I'm not stealing art, there's no proof,"? Since he's in Jacksonville, he's only a couple of hours from Disney at the most-- it's possible they've already sent him a certified letter of cease and desist. I know the people who he stole wildlife photos from have contacted their own lawyers to see how best to move forward. At least one of them makes a living off of their photography skills.
       
    10. Are you sure? I just looked, and it's still listed as "subject of an intellectual property dispute," not cancelled. He did have another, older shot at it that was cancelled about a week before the one that was the instigation of this thread was started, that he cancelled himself--are you sure you're not looking at that? I say this because I don't want anyone to feel like this is over--it's not, until the "intellectual property dispute" is finished, and even after that, he may try again.
       
    11. I hate to sound judgmental, but...this guy's art--his so-called "real" art--the stuff he didn't steal and photoshop filter--it...well, it sucks.

      No wonder he chose to steal. He really has no artistic ability of his own. At all.

      It's sad, really.
       
    12. Most people are not magically gifted to do things artistically well, whether is be drawing, painting, or face ups. You get good by practicing. A lot.

      He'd save himself a lot of pain if he had just taken the time to steal and Photoshop images and put that into practicing.

      Sent from my SGH-T999L using Tapatalk
       
    13. Those of you who still have access to his Facebook, I'm curious to know if there's been any updates, etc?
       
    14. He's canceled the kickstarter? Where does it say that? Or am I being blind? The page for the project is still showing it being in IP dispute for me...
       
    15. I very much doubt, given all the evidence that people have sent Kickstart about his piracy, that the project is going to be re-opened.
       
    16. I saw this on Tumblr and it made me really angry to be honest :horror:
      People who edit doll photos and claim to have "painted" or "drawn" them themselves are just ridiculous how can they even feel good doing that
       
    17. The kick starter page is down for IP, if he had deleted it, it wouldn't say that. No doubt he won't try this again, but hopefully something can be done so he'll get shut down sooner. It's too bad that it took so long to catch him at this, though. Good luck everyone, hope you can nail this guy.
       
    18. He had one Kickstarter that he took down on his own, then he ran another one (this being the one that got our attention) that has been suspended due to IP-infringement issues, but is not definitively *canceled* by Kickstarter until they announce that they have made a final decision on their investigation.

      Isn't that first one Disney, from "The Sword in the Stone"? Report the HELL out of that -- Disney doesn't take kindly to IP pirates.

      -- A <3