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TMNT_Guy
03-06-2014, 02:16 PM
So, has any of your artwork ever been stolen or used to make bootleg merchandice?

A Mario and Sonic wallpaper I pasted together a few years ago has been bootlegged. I don’t know if I should feel honored that my artwork was good enough to be stolen or bad for the kids getting obvious bootlegged merchandise, maybe both.

Artwork in question: http://earthwormjimfan.deviantart.com/art/Mario-and-Sonic-Unite-192147840
http://fc08.deviantart.net/fs71/i/2011/004/4/6/mario_and_sonic_unite_by_earthwormjimfan-d36ee80.jpg

The bootleg: http://www.ebay.com/itm/Personalised-Mario-and-Sonic-Birthday-Card-/181194173037?pt=UK_Health_Beauty_Make_Up_Cosmetics _Foundation_PP&hash=item2a3003aa6d

RaphAndDonnie
03-06-2014, 02:49 PM
As far as I know, nope.

Discogod
03-11-2014, 03:28 AM
Well, aside from people trying to pass my custom figures off as their own...

About 10 years ago, I started selling videogame-themed paintings, mostly through local galleries, but I sold a small amount on ebay. A few months later, I found out that a fella I'd sold half a dozen paintings to was making prints and selling them (for more than I was selling the paintings for, to boot!). I knew they were made my my paintings, since I'd always change certain tiny details. He was also doing this to several other artists.

I contacted him, only for him to turn round and say that since I was using copyrighted designs, I was breaking just as many laws as him and he wasn't going to stop. Eventually myself & a few other people bombarded ebay with complaints and his account was shut down, but not before he'd made a lot of money of other peoples' work.

Between that, and almost getting sued by Namco (they weren't happy with my Pac-Man themed artwork...), it set me back a good few years...

Shiro Kame
03-16-2014, 06:06 PM
About a year or 2 ago, some punk on dA did that to me. Fortunately, someone reported it to me, I reported it to the mods, and the guy got banned.

Sofistocat
03-19-2014, 01:32 PM
Disco kind of made a good point, if your infringing in the first place with you artwork, it doesn't matter whether someone steals it from you. You stole it first.

Now as far as original artwork, completely different ballgame. One word:

COPYRIGHT

You can sell the art if it's copywritten, then be able to legally tackle anybody making money off your back, and have a better foothold/argument. Sounds silly but it's all about the CYA mentality.

There's alot of people on ebay who infringe the S**T out of comic production art(mainly the acetates). Since they are making all the profit off of infringing another's property and it's documented(via ebay), not only can they take away any earnings/revenue you scammed w/o major legalities, they can sue you after for everything you have.

I don't remember where it is, but there was a great interview with Eastman where he talked about liscensing/copyrights and how he and Pete(Laird) had to get copyrights from every country they had liscensing agreemants with. He went on to talk about how they got sued by parties who grabbed the TMNT copyright first in that country(think it was in Saudi Arabia). Crazy legal issues.

Powder
03-31-2014, 03:56 AM
To be fair, that's not your artwork.

Redeemer
04-01-2014, 05:50 PM
So, has any of your artwork ever been stolen or used to make bootleg merchandice?

A Mario and Sonic wallpaper I pasted together a few years ago has been bootlegged. I donít know if I should feel honored that my artwork was good enough to be stolen or bad for the kids getting obvious bootlegged merchandise, maybe both.

Artwork in question: http://earthwormjimfan.deviantart.com/art/Mario-and-Sonic-Unite-192147840
http://fc08.deviantart.net/fs71/i/2011/004/4/6/mario_and_sonic_unite_by_earthwormjimfan-d36ee80.jpg

The bootleg: http://www.ebay.com/itm/Personalised-Mario-and-Sonic-Birthday-Card-/181194173037?pt=UK_Health_Beauty_Make_Up_Cosmetics _Foundation_PP&hash=item2a3003aa6d

show this to Nintendo, hell those are their characters and that guy is making money off their characters your designs.

This is why I never post Original Concept art online. People tend to steal them.

snake
04-01-2014, 06:05 PM
Well, aside from people trying to pass my custom figures off as their own...

About 10 years ago, I started selling videogame-themed paintings, mostly through local galleries, but I sold a small amount on ebay. A few months later, I found out that a fella I'd sold half a dozen paintings to was making prints and selling them (for more than I was selling the paintings for, to boot!). I knew they were made my my paintings, since I'd always change certain tiny details. He was also doing this to several other artists.

I contacted him, only for him to turn round and say that since I was using copyrighted designs, I was breaking just as many laws as him and he wasn't going to stop. Eventually myself & a few other people bombarded ebay with complaints and his account was shut down, but not before he'd made a lot of money of other peoples' work.

Between that, and almost getting sued by Namco (they weren't happy with my Pac-Man themed artwork...), it set me back a good few years...
Thats pretty sick. I wonder how someone could get pleasure out of selling bootleg artwork that the artist worked hard on.

I'm glad you got that guy.

Plasticplayhouse
04-03-2014, 10:32 AM
There are sellers from Thailand, Russia, and other countries, who sell tons of pirated prints on ebay and many of those images were snagged from Deviantart.

There is a lot of gray area in the making and selling of "fan art". Most companies donít harass people who are selling a single one-of-a-kind item. it is when someone attempts to mass-market an infringed property, that they could potentially find themselves in trouble. There was a customizer who crafted a Deadpool belt buckle, casted off a bunch, and began selling them on ebay. I donít know how many were sold on ebay, but I would guess that it was somewhere between 20-100+. This customizer said they received a cease and desist letter from (I'm assuming) Marvel. I have heard similar stories from a couple of other ebayers about receiving cease and desist orders. basically "stop selling your stuff that is infringing on our property or we'll get nasty" kind of a statement. No fines were issued as far as I'm aware of. Disney has a reputation for being one of the most aggressive companies when it comes to this stuff.

Fan art is called fan art for a reason and it's pretty much ALL infringing. All artists have made fan art at some point, can appreciate it, and even respect it as long as it's not being used and abused by individuals who's goal is to cash in. Does it make any level of infringement ok? That's highly debatable. If Disco made a one-off painting, Powder made a one-off drawing, or I make a one-off custom figure, we will not get into any trouble. If we got tired of displaying our creation and decided to sell that one-off piece of art, could we get into trouble? Potentially, yes, but companies attacking an individual selling a single, one-off piece of art which is infringing on their likeness, is virtually unheard of.

Many people on ebay are straight up pirating s#!t to make a buck and that is the worst degree of infringement.