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Socar MYLES · Posted: Sun Jul 29, 2001 4:24 am

Today, I was innocently surfing the Net, when I busted someone reselling my image, 'Lily', as a set of web-graphics. It had been altered in colour, subjected to glittery embellishments, and made into a set of handy buttons.

I sent this e-mail:

Hi,

My name is Socar Myles, and I really don't want to be cruel, but my attention has been called to this page on your website ( http://hometown.aol.com/outlawunleashed/forbidden.html ), which uses one of my images, in an altered form.

On your own site, you say the following: 'I hate to say this, but for the tiny percentage of creepy people out there, these images are digitally watermarked and what are my designs better remain my designs. and...PLEASE, I have spent hours on these sets. Do not alter them other than adding text.'

Well, I also spent hours on that image. Twenty of them, to be precise. And you have done a lot more to it than simply adding text. Now, this is a notice from my own website. Please read it carefully:

'I have recently quit my day-job, so I don't have any income at all that isn't generated by my art. So, when people take my images and use them for commercial purposes without purchasing a license, they are, in effect, depriving me of my income. It's the online equivalent of shoplifting. So, if you want to use one of my images on your PERSONAL, NON-COMMERCIAL website, go ahead, but be sure to put a credit to me and a link back to this site underneath the image. If you want to use an image for COMMERCIAL purposes (website, brochure, book cover, you name it, e-mail me for information on purchasing a license for the desired image.'

These instructions are, I believe, perfectly clear. I do allow people to use my images, unaltered, on personal websites, as long as they provide not only credit to me, but a link back to my site. You have not provided such a link. And your site is commercial--you are offering customizations. Essentially, that means you are selling MY images, and other people's images, in an altered form. That, I'm afraid, is completely illegal.

As of now, you owe me $500.00 US. That is the price for a license to reprint and resell my artwork. If you have not actually sold any image sets, however, you only owe $100.00 US, which is the price for a reprint ONLY. I will trust you to be honest about your sales, and pay the correct amount.

...and the page is already gone.

But I took screenshots this time. I am NOT going to let it go this time. If the thief does not pay, I WILL sue. This has happened WAY too many times.

Argh.

Really just venting, but...does anyone know a good lawyer who deals in this sort of thing? I am not kidding about taking it to court. I have been ripped off one time too many.

Rinaldo · Posted: Sun Jul 29, 2001 7:06 am

I'll get the rope, you find a tree.

Ben Barker · Posted: Sun Jul 29, 2001 1:47 pm

Yeah, people don't realize you can't take something, modify it, and call it your own. If it is a derivative work at all it is copyright the original author.
That sucks man.

jeshannon · Posted: Sun Jul 29, 2001 2:36 pm

Hi Socar.

although I am not in the same league as you, I also have work that has been stolen without my permision so I understand just how angry you are, especially when someone alters the image and doesn't even have the manners to give a credit for the work you have done..I think you are right to pursue this as far as you can, good luck !!!!

Mindsiphon · Posted: Sun Jul 29, 2001 4:55 pm

I feel your pain.
You may want to check this jerks other (or new) sites to see if there are any ripped works there too.

http://hometown.aol.com/outlawbynature/

http://hometown.aol.com/outlawbydesign/

Mindsiphon · Posted: Sun Jul 29, 2001 5:03 pm

Oh and be sure to sign the guestbook

Socar MYLES · Posted: Sun Jul 29, 2001 5:07 pm

Actually, I spoke to her via e-mail, and she has admitted that what she did was wrong, and says it won't happen again. Apparently she did have permission for some of the work she used, just not for mine.

She's actually a nice girl, if a little ignorant when it comes to copyright law.

So I'm going to let this one drop. But the next person who steals my work...I swear I'll nail the next one.

faustgfx · Posted: Sun Jul 29, 2001 5:43 pm

*maniac snicker*

Strawberrysauce · member Member # Joined: 04 Feb 2001 Posts: 356

YES get laid into them! maybe a quick 1-2 combo!

RayKast · Posted: Mon Jul 30, 2001 2:13 pm

Hehehe, yeah, always the Next one, eh Socar?

Socar MYLES · Posted: Mon Jul 30, 2001 5:36 pm

Yes, always the next time....

Seriously, though, this time, it turned out to be nothing as serious as I had originally thought. The person in question didn't actually make a dime of profit from her site, and didn't even know she was breaking any laws. She thought that as long as my name appeared, it was legal.

I have spoken to her extensively in e-mail, and she took down the offending work immediately--not just mine, but EVERYTHING for which she did not have express permission.

I would appreciate it if people would NOT slam her in her guestbook any more, please. Everything is sorted out now, and she is no longer using other people's copyrighted work without permission. I consider the issue closed, and I would appreciate it if everyone else would as well. She is a nice person who made an honest mistake, and it will never happen again.

In a way, I flew off the handle more than I needed to this time. I've had art 'ripped' 7 times this year--that's pretty much one rip for every month--so I lost my temper immediately this time, before investigating the situation fully.