?

Log in

No account? Create an account

Previous Entry | Next Entry

Beware of Spirit Star (Dr. Neko)

WHO: Spirit Star (Dr. Neko)
Ericacrowecaw on deviantart

WHERE:
Whirled

WHAT: Using my flash files to sell to other customers.

WHEN: About a few days ago...

PROOF:

Conversations:







Avatar was then taken down along with comments.

Later what happened. I went to comment on their listing that they used to accept payments:



The base has been switched out with a new piece here:



Keep in mind before today they were using my artwork. Anyways, compare it to this:



Some of the animations are roughly the same too. I added the flash files if anyone with CS4 or above wants to compare.

I'd like to add one more thing. Look at the state list here:



This is what the state looks like:



And they sent a bunch of people to harass me in comments. Right now I am being taunted, picked on and mocked because of this :/

Here are some other comments:





EXPLAIN:
I share flash bases so people can sell their derivatives in the shop. Sale of derivatives go straight back to me through the function of attribution. Someone used this flash base here:

http://www.freewebs.com/marie_the_kazegal/Bases/digitrade.fla

But they were not selling their edits in the shop. Instead the person was soliciting other members on whirled to sell "custom" edits of my bases, practically selling the service of making them an avatar using my flash files. I went to confront them and they deleted it. I also asked them to delete the custom sale avatar (used so people could pay the person) and instead they edited it at the last minute and made a knockoff copy of my base.

The knockoff is here: http://www.whirled.com/#shop-l_5_109663

Their base is here:

http://www.2shared.com/file/mt2mc_CW/Kangarooish_ThingCs4.html?

I do not have CS4 so I can not compare the flash files. Would anyone with CS4 like to compare?


Also I am currently contacting the whirled admins.
EDIT:

This took so long to come up. In the time that I made this post, the artist recanted. They said they put themselves in my shoes and realized they were being mean, apologized to me and asked to be my friend. I accepted the apology, so I would like a resolved tag.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 43 comments — Leave a comment )
(Screened comment)
kerstin_orion
Oct. 16th, 2011 05:14 pm (UTC)
This comment was unnecessary and borders on trolling. I am therefore screening it.

Please refrain from commenting on art quality unless it is a factor in the beware. See rule #4.

Edited at 2011-10-16 05:15 pm (UTC)
greenreaper
Oct. 16th, 2011 05:22 pm (UTC)
OK, you want a more specific comment?

The two images are visually distinct; about the only thing similar is that they both wear a blue garment and are both digitigrade. I don't think the submitter has a reasonable case for copyright infringement, unless their underlying animation code is still being used (which I am not qualified to examine).
(no subject) - kayla_la - Oct. 16th, 2011 05:25 pm (UTC) - Expand
(no subject) - greenreaper - Oct. 16th, 2011 06:47 pm (UTC) - Expand
(no subject) - kerstin_orion - Oct. 16th, 2011 05:27 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 06:39 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 06:46 pm (UTC) - Expand
(no subject) - banrai - Oct. 16th, 2011 06:47 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 06:49 pm (UTC) - Expand
(no subject) - greenreaper - Oct. 16th, 2011 07:09 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 07:11 pm (UTC) - Expand
(no subject) - greenreaper - Oct. 16th, 2011 07:07 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 07:10 pm (UTC) - Expand
mariechan
Oct. 16th, 2011 06:55 pm (UTC)
You're a mod, right? I was trying to add a resolved tag (artist made up with me) and I can't seem to add it in.
(no subject) - kayla_la - Oct. 16th, 2011 07:10 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 07:11 pm (UTC) - Expand
megumi_kitten
Oct. 16th, 2011 05:19 pm (UTC)
This is why I am shy about selling my art. I swear, AB has made me paranoid. XD

It's a terrible thing that they did that, and not only that, people taunted you because of yOUR work. It's things like that that make people not want to share thier art, then they get yelled at for NOT sharing it. Horrible circle.

I hope things get worked out for you. It IS your art, and you DO get the say on it, no matter what anyone else tries to claim. Even if they changed it, it doesn't make that art thiers. It's still your base!
mariechan
Oct. 16th, 2011 06:42 pm (UTC)
Thanks.

I still openly share my flash bases because it ends up netting me more sales with attribution. However, soliciting customers for base edits is more of a commission than say selling the base edit on the open market for everyone to buy. It's the latter that gets me some earnings because as the original creator I get a cut of the sales.
megumi_kitten
Oct. 16th, 2011 07:27 pm (UTC)
Which, IMO, is not right. And the fact this person clearly has talent to sell thier own stuff, as you state in your comments, it's a real WTF.
(no subject) - megumi_kitten - Oct. 16th, 2011 07:29 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 07:43 pm (UTC) - Expand
(no subject) - megumi_kitten - Oct. 16th, 2011 07:44 pm (UTC) - Expand
(no subject) - mariechan - Oct. 16th, 2011 07:46 pm (UTC) - Expand
(no subject) - megumi_kitten - Oct. 16th, 2011 07:58 pm (UTC) - Expand
(no subject) - mariechan - Oct. 17th, 2011 04:05 am (UTC) - Expand
celestinaketzia
Oct. 16th, 2011 05:22 pm (UTC)
I would contact Whirled and have it pulled for infringement.
mariechan
Oct. 16th, 2011 06:40 pm (UTC)
Whirled managed to delete all of the instances. The admins have been pretty good to me.
claytronic
Oct. 17th, 2011 03:57 am (UTC)
Those "raptor things" are the most generic creature. I've seen numerous people on FA with characters like that :I

I don't see how they're copying you when there are people like this:
http://www.furaffinity.net/view/6484525
http://www.furaffinity.net/view/6455070/
http://www.furaffinity.net/view/6459737/

I don't understand how they're using your base, either. The characters move differently and have different body shapes.
mariechan
Oct. 17th, 2011 04:04 am (UTC)
They were originally selling edits from my flash file. I told them no, and then at the last minute they decided to make this.

And you know, I know the creature is generic, but it's more of the circumstances. Someone sells an edit of your flash file, gets caught out, makes a copy the next day and then puts "oh what now?" as part of it.


And I saw them working on it in a stream and they were flipping back and forth between my flash file.

This beware is resolved anyways.
claytronic
Oct. 17th, 2011 04:05 am (UTC)
Ohh yeah I getcha.

Glad it's resolved
mariechan
Oct. 17th, 2011 04:07 am (UTC)
Thanks.

I really don't try to claim I own raptors, it's just more the facts and circumstances of what went on.
poizenkat
Oct. 19th, 2011 11:11 pm (UTC)
I'd think that they made their own to sell instead 8x

Well, sometimes I use something i like as a reference. They do look VERY different.
mariechan
Oct. 20th, 2011 12:04 am (UTC)
They do but the animations are quite similar in some regards and I don't think that would happen accidentally.
(no subject) - poizenkat - Oct. 20th, 2011 02:12 am (UTC) - Expand
(no subject) - mariechan - Oct. 20th, 2011 05:07 am (UTC) - Expand
(no subject) - poizenkat - Oct. 20th, 2011 01:21 pm (UTC) - Expand
(no subject) - mariechan - Oct. 20th, 2011 01:55 pm (UTC) - Expand
(no subject) - poizenkat - Oct. 20th, 2011 02:00 pm (UTC) - Expand
(no subject) - mariechan - Oct. 20th, 2011 02:19 pm (UTC) - Expand
(no subject) - poizenkat - Oct. 20th, 2011 02:27 pm (UTC) - Expand
(no subject) - mariechan - Oct. 20th, 2011 02:32 pm (UTC) - Expand
(no subject) - poizenkat - Oct. 20th, 2011 02:35 pm (UTC) - Expand
(no subject) - mariechan - Oct. 20th, 2011 02:20 pm (UTC) - Expand
( 43 comments — Leave a comment )

Profile

A_B icon
artists_beware
Commissioner & Artist, Warning & Kudos Community
Artists Beware

Community Tags

Powered by LiveJournal.com