An Odd Area

[hellebore.livejournal.com]

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 :/

Comments

[gas-mask-dragon.livejournal.com]

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.livejournal.com]

The artist

[hellebore.livejournal.com]

Derp. The artist's image was on furaffinity. The other one is here: http://i79.photobucket.com/albums/j133/limbik/WTF.jpg

The artist, I haven't been able to get ahold of since they disappeared from the net :/

[lilenth.livejournal.com]

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.livejournal.com]

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 :(

[lilenth.livejournal.com]

Only the artist can dispute it if the work is stolen.

[hobokitten.livejournal.com]

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.livejournal.com]

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.livejournal.com]

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.livejournal.com]

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 (http://en.wikipedia.org/wiki/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.livejournal.com]

The image was a gift for my birthday :/

[alcyione.livejournal.com]

Wow, that makes this 10x even MORE fucked up. /:(
I'm so sorry they did this to you.

[borderfuck.livejournal.com]

That's what I've always done. I'm only commissioning artists that agree to not resell my commission WITHOUT my permission. If someone wants a print of a commission I had done, that's very flattering and I'd be up for them to sell a couple prints. However, if an artist wants to be a dick and do the whole "imma do whatever I want" thing, that's fine too. I just won't commission them :)

I tend to say to do whatever with it as long as you aren't directly profiting off of it anymore without my permission.

[tech-rex.livejournal.com]

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.livejournal.com]

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.

[spiffystuff.livejournal.com]

You never know, might want to try to ask Malachi: maybe the person who made the card figured that if you "credit" the artist it's okay to take...

Personally I think it's worth asking Malachi either way if it bothers you; it's legal unless you specified you wanted exclusive use of the image but I can understand why it might make you unhappy and I'd hope the artist would be nice about it.

[hellebore.livejournal.com]

Malachi didn't make the image, her artwork along with the rest of the list up there are listed as people who are making or did make art for the cards. Anon_imus made it originally.

Either way, I didn't commission it, it was a gift. I figured there was no basis but I was hoping maybe there was.

[tech-rex.livejournal.com]

One of the cards I saw was called "Dragon booty" from a picture I saw from her she made earlier (I recall seeing it on VCL at least a year ago) before when the card series came out.

I probably shouldn't immediately jump to conclusions, but if I were the artist, I'd comment on the cards saying "awesome" or something like that and fave it, but I didn't see a thing from any of the artists listed on any of the cards. So it most likely means they were not alerted.

Seppel also has made a few comments in which he's basically watching people and seeing if they offer anything that interests him, and unwatching them if they don't. So, it's basically just looking for fodder.

I dunno, I don't think artists of talent such as Malachi just hand over their art for some dinky little card set that seems poorly made in my opinion. It just seems Seppel randomly decided one day to make a card set and didn't put a lot of thought into it.

*BLEH, I should have typed morely clearly, but a day at work clouded my mind*

Probably it would be wise to ask Malachi and a few other people on the list.

[tech-rex.livejournal.com]

He may really be a legit guy, but still, things just way, way too shabbily put together.

[aazhie.livejournal.com]

I allowed him to use my art. he paid me $5 per image & I signed a contract that he wrote up. As far as MY work goes it's legit. And anyone who commissions me has to assume I use my work in whatever comes up. Unless they specifically request that I don't sell the rights to it, OR they actually buy the rights to a piece, it may be used in something like this someday.
I am always happy to save people's image and not reproduce it, however, they have to realize the art and copyrights does belong to the artist unless they already have one.
Sorry to hear about this, it sucks that you can't contact the artist of your piece.

[westly-roanoke.livejournal.com]

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.livejournal.com]

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.

[westly-roanoke.livejournal.com]

The image you linked me too was immediately recognizable as a magic card. I used to sell them, and they were RABID about their stuff.

(Like frothing, foaming, snarling rabid piranhas..)

[hellebore.livejournal.com]

D: I didn't know they could copyright that template type of stuff. I think I remember DA pulling "cards" that people were making that had a similar template.

[westly-roanoke.livejournal.com]

I think it's more the system and entire mechnics of play... which are evidenced on the card, along with the termonolgy used...or something like that...

It's been about ten years since I worked there, but they were rabid about EVERYTHING. Like, this guy had an alpha black lotus, wanted to use it in a tourney (It was...what, type 1 so anything goes) they wouldn't let him use a proxy because he didn't want to shuffle it up (I don't blame him! that card's worth more than my car!! ...admittedly...I drive a piece of crap...)

[borderfuck.livejournal.com]

lol 4chan

[westly-roanoke.livejournal.com]

Well, they're not trying to sell it.

[hellebore.livejournal.com]

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.

[hellebore.livejournal.com]

I talked to someone who's art is being used, seppel never drew up a contract or anything and used whatever images from the artist that he wanted to. Seems that this artist I am talking to isn't sure how this whole thing works out.

[aazhie.livejournal.com]

I gave permission and signed a contract and was paid $5 an image for my work. i can't speak for anyone else, but haven't seen any complaints. I haven;t commented on his site because FA is down :3

[foxxieangel.livejournal.com]

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.livejournal.com]

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).

[foxxieangel.livejournal.com]

>.< my bad! sorry Fluffball.

I didn't know if the journal was still up since FA is down. Yeah, that person did troll quite a bit which surprised me since I'd had good dealings with her in the past.

I'm glad you ended it on a good note!

[furinari.livejournal.com]

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.livejournal.com]

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.

[aazhie.livejournal.com]

I haven't been stolen from. See above comments.

[aazhie.livejournal.com]

email me at aazhie@gmail.com if you wish to discuss anything :3 I still have a copy of the contract he sent me. It seemed pretty airtight.