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An Odd Area

I was browsing FAP today when I came across a "card" similar to one used for Magic the Gathering or what not. On it, was an image that was made for me featuring my characters. The character names were changed and apparently the artist who made the original image submitted it to a site that wants to print and sell this card as a part of a deck at Anthrocon next year.

Can I do anything about this? Or am I screwed? I have a feeling I'm screwed, but I'm kinda upset about it :/
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Comments

( 37 comments — Leave a comment )
gas_mask_dragon
Jul. 8th, 2008 10:28 pm (UTC)
Links to both images?

And if the art was made for you (commission or not), I'd have a talk with the artist who did it for you, before you post here.
hellebore
Jul. 8th, 2008 11:25 pm (UTC)
The artist
(no subject) - hellebore - Jul. 8th, 2008 11:28 pm (UTC) - Expand
lilenth
Jul. 8th, 2008 10:29 pm (UTC)

I'd contact the artist who made the image originally and see if they did submit it.

If you don't have your character's trademarked though and hadn't paid for no-resale or get a written contract stipulating that the artist couldn't resell the image then I'm afraid there's nothing you can do.
hellebore
Jul. 8th, 2008 11:29 pm (UTC)
http://i79.photobucket.com/albums/j133/limbik/WTF.jpg
The name is at the bottom, and on the site it lists them as a contributer.

I figured there's nothing I can do, but had a hope that maybe there was. This sucks, I'm a bit disappointed :(
(no subject) - lilenth - Jul. 8th, 2008 11:45 pm (UTC) - Expand
hobokitten
Jul. 8th, 2008 10:31 pm (UTC)
Have you contacted the 'Artist' about it? Or maybe the 'company'?

I know what program they used though X: I have it. Its pretty nifty.

I do hope that you don't screwed over with this D:
hellebore
Jul. 8th, 2008 11:29 pm (UTC)
The artist is MIA, and the company, I left a comment in their forums hoping maybe they'll have a bit of a heart. *crosses fingers*
thaily
Jul. 8th, 2008 10:35 pm (UTC)
Thirding the suggestion to contact the artist.

As Lilith said, I don't think you can do much legally. You'll have to ask the artist to be sympathetic to your feelings and compromise.
greenreaper
Jul. 8th, 2008 10:43 pm (UTC)
Unless they sold you their exclusive rights in the image, what they are doing is likely to be perfectly legal. You merely have an implied license to display the work in association with your character.

The only claim you might possibly have is abuse of trademark, or possibly defamation of character (a very, very long shot, especially since they changed the name). Without a registered mark, the very most you would get is an injunction against their action, and actual damages (if any). Most likely, you would get nothing at all.

If you feel strongly about this issue, I would advise you to negotiate a copyright transfer as part of future commissions, turning them into a work for hire. Bear in mind that this may significantly increase the rates you pay, as some artists make a living off their portfolio of commissions.

The artist concerned may be willing to make a separate deal for these rights. I suggest you contact them directly about it, with a reasonable offer.
hellebore
Jul. 8th, 2008 11:25 pm (UTC)
The image was a gift for my birthday :/
(no subject) - alcyione - Jul. 9th, 2008 07:04 am (UTC) - Expand
(no subject) - borderfuck - Jul. 9th, 2008 04:11 am (UTC) - Expand
tech_rex
Jul. 9th, 2008 12:31 am (UTC)
I know exactly who you're talking about before I even went on a search myself.

He just seems to take pictures and change them without contacting the artists, most often taking Malachi's artwork and appyling it to cards. I don't recall a single artist he used thanking him or faving his cards, which basically means he stole them without asking.

He has a FA account, perhaps whenever it comes back up he can get banned, like other people making cards. He's been mentioned on the FA forums as "suspicious".
hellebore
Jul. 9th, 2008 12:36 am (UTC)
Wait wait, he's used Malachi's work without asking her? His site lists these people as contributers:

ARTISTS (more to come!)
Aahzie
Anon T. Ihmus
Apfelpai
Arjuna
Arrowroot
Blitzava
Dare
Eldiman
Enocia
Falle
Fenrir Lunaris
h0rs3
Mahsroh
Malachi
Miyabita_Cheetah
Mysticfox
Nateday
Nekotak
Pretzel
Scott Calico
Seel Kaiser
Skybrigidrain
TigerBlack
Yaoi Fairy

http://www.furryartpile.com/user/seppel/
is the page i found it on.
(no subject) - spiffystuff - Jul. 9th, 2008 01:28 am (UTC) - Expand
(no subject) - hellebore - Jul. 9th, 2008 01:31 am (UTC) - Expand
(no subject) - tech_rex - Jul. 9th, 2008 02:20 am (UTC) - Expand
(no subject) - tech_rex - Jul. 9th, 2008 02:29 am (UTC) - Expand
(no subject) - aazhie - Jul. 10th, 2008 01:46 am (UTC) - Expand
westly_roanoke
Jul. 9th, 2008 03:49 am (UTC)
Contact Wizards of the Coast.

They will tear them apart if they're trying to SELL a deck of Magic Parody cards using their stuff.
hellebore
Jul. 9th, 2008 03:56 am (UTC)
Ah, I dunno if they're really similar, I just didnt know how else to describe them. I'm not into card decks and stuff.

(no subject) - westly_roanoke - Jul. 9th, 2008 04:03 am (UTC) - Expand
(no subject) - hellebore - Jul. 9th, 2008 04:07 am (UTC) - Expand
(no subject) - westly_roanoke - Jul. 9th, 2008 04:15 am (UTC) - Expand
(no subject) - borderfuck - Jul. 9th, 2008 04:13 am (UTC) - Expand
(no subject) - westly_roanoke - Jul. 9th, 2008 04:16 am (UTC) - Expand
(Deleted comment)
hellebore
Jul. 9th, 2008 12:21 pm (UTC)
I sent the artist a note last night asking if he submitted it or not. I haven't been able to contact any other artist on that list above to ask if they gave permission for their work to be used. I hope to find something out soon.
(no subject) - hellebore - Jul. 9th, 2008 03:42 pm (UTC) - Expand
(no subject) - aazhie - Jul. 10th, 2008 01:48 am (UTC) - Expand
alopex
Jul. 9th, 2008 10:29 am (UTC)
There was a journal from furball posted about this guy a few months back. He apparently asked the artist and was willing to pay her a small fee for each image used. I think quite a few people actually agreed to it. There were loads of artists defending him and his ideas and loads against it. Unfortunately FA is down and I don't know if furball pulled down the journal or not.

The thing is however that he asked the artists only, not the owners of the characters.
thegentilcat
Jul. 11th, 2008 04:59 am (UTC)
It's Fluffball - and I still have the journal about it up. :)

Initially, I had refused him (as the deal just seemed really shady; as I'm not a fan of anyone making a profit off of something someone else worked so hard on to create - that, and because he was looking to use some images that I had already created, I felt it would be ripping off those folks who were kind enough to buy/commission the pieces to begin with).

But, after taking some time to think about it, I decided I would make him four? images of his own - alot smaller than what I normally make - and sell them for $5 each (this way, he had originals to use at his own discresion, with my consnet, of course).

Unfortunately, the deal fell through - I had gotten swamped with commission offers that would make me far more money in the long run, so his images were placed aside, and I hadn't heard from him since (no money had exchanged hands - as I don't ask for any money until some sketches are produced - so he's not oout any money and I don't feel bad for the lack of progress on my end).

What I didn't personally like was how one of his friends trolled my journal and talked smack to me and those who defended my initial decline of his offer. Thta was something that was uncalled for, really (it ended on a good note, but still).

(no subject) - alopex - Jul. 11th, 2008 10:17 am (UTC) - Expand
furinari
Jul. 9th, 2008 01:18 pm (UTC)
Wow, what a sh*tload of f*ck.

I hope this gets straightened out soon, and the fact they steal giftart is worse. Alot of artists have extensive giftart archives on their sites and it's really sh*tty for someone to steal your presents and try to sell them.

This is what I'm afraid of with all these rogue website admins from sites like futahentai.com and aerisdies.com, taking shit that don't belong to them and altering it.

I had this problem once with 7chan, I emailed the admin, he/she removed the offending image, probably because it was too shitty for chan standards (also to my relief).

Art theft: It's wrong.

Also, they can go to Jolly Pirate Donuts and take a two hour sh*t for all I care.
hellebore
Jul. 9th, 2008 01:31 pm (UTC)
Right now I don't know if any work was stolen for the deck. I'm trying get ahold of artists who are listed on the site as contributers. Apparently the guy who's doing this deck seemed really seedy on a few forums, but also some artists gave him the okay to use their work. All I know is that the person who did the gift art for me is listed as a contributer, and I'm waiting to see if I get a note back from them.

(no subject) - aazhie - Jul. 10th, 2008 01:49 am (UTC) - Expand
(no subject) - aazhie - Jul. 10th, 2008 01:50 am (UTC) - Expand
( 37 comments — Leave a comment )

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