Just after some advice

[the-outcasts.livejournal.com]

Hi guys, long time watcher, first time poster. I'm not 100% sure if this belongs here but I've seen some advice posts similar in the past.

Recently a friend pointed out to me that some of my old art has been reposted onto a website without my permission. The thing is though, I remember the same site doing this to me years ago (I'm talking 12+ years ago), and I had requested the art to be removed, and they had oblidged.

So when I went back now years later I find that the exact same art is still there, along with some new additions (again old art, but I know it wasn't there when I had asked for the first removal).

The site has an FAQ relating to art removal requests, but when I checked it it says:

FAQ #7: I am an artist and someone told me my art is here.. how to i get it removed? Or, I asked my art to be removed, It _WAS_, but now it is back?
You contact one of the staff and let us know, we will take it down! This site does not condone art theft, all an artist need do is ask.
Any artist folders removed, get recycled back into the site at the beginning of each year. You want it to stay gone? You have to care enough to keep coming back.
If your art is here, it's likely because someone was browsing, found it, liked it.. and wanted to share it with more people, or preserve it if your site goes away. You should feel honored that they love your art enough to spread it, and instead, ask us to put a link to your site in your artist folder!

The bold part is what concerns, and quite frankly annoys me: my question is is such a thing allowed? I know a simple request isn't a concrete agreement, but when an artist says remove my art, it means remove my art, not recycle it for reupload a year later. And is there a way to make them permanent remove the art without them being sneaky about it?

I don't mind reposting, but at the same time I do want control over where my art goes as much as I'm able to. And I find it a bit rude that they're ignoring requests like this. I'm not honored by this in the least, it's not up to them to decide what to do.

Thank you in advance, I'm hope I'm doing this right and this is the only time I have to post here.

EDIT: Firstly thank you so so much for the quick response everyone! I'm at work now so I'll try to respond back as much as possible.

And yes the site is http://tails.kicks-ass.net/index.php?area=help&view=7 - the site has been around for years from what I remember, but like I said, I figured if I had asked them to take art down 12+ years ago it should stay down, but apparently not.

Comments

[0acorn0.livejournal.com]

File a DMCA takedown notice and threaten legal action.

[0acorn0.livejournal.com]

By the way, what site is it?

[dinogrrl.livejournal.com]

Yeah, this. If you ask for it to be taken down, it stays down. Period.

This complaint sounds oddly familiar to me. I too would like to know what site this is.

[shukivengeance.livejournal.com]

my question is is such a thing allowed?
Quite simply, nope. As the artist you own the copyright to the work and if they don't have permission to display it they don't get to use it, period. Taking it down then putting it back up is still a violation.

And is there a way to make them permanent remove the art without them being sneaky about it?
Like Acorn said, file a DMCA. Doing it to the site themselves may not help since they seem determined to be antagonistic, contact their webhost.
This should help! http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html

[ljmydayaway.livejournal.com]

This.

[taasla.livejournal.com]

Thirded. DMCA their host, not the site. In your DMCA inform them of this little "policy" and their host will start breathing down their neck.

[rivkahwinter.livejournal.com]

This is actually very useful, and... well... I personally hope that I don't have to send any notice like this to anybody... ever.

But thank you for posting this link!

[skittlewolf.livejournal.com]

I really hate the whole: "You should feel honored people are reposting your work!"

Just screams entitlement. Also the whole, you should ask us to link instead of remove just makes it seem to me the mods are lazy. :/

[funkicarus.livejournal.com]

word. it'd be one thing if people were reposting work to like, 4chan. nobody posting there is claiming its theirs and nobody is making a profit off of it.

but actual gallery sites? that's another matter.

[epiceternity.livejournal.com]

That bit makes me Urgh! too. Yeah, I feel real honoured when people breach my creative work rights. It's like taking someones car without asking, letting others drive it and justifying it with 'hey, you have a nice car, you should feel honoured that others want to drive it.' No, just no.

[silvertales.livejournal.com]

This. That whole "you should feel honored" bit truly does smack of entitlement, and drives me crazy. I should feel honored that someone felt it was ok to steal my creative efforts and that some other site is going to honor that theft? Huh?

That's like breaking into someone's house and stealing their stuff and then saying "you should feel honored I think your stuff is nice enough that I want it for myself."

Just. No.

[kawaiipiepie.livejournal.com]

I hate that as well, like oh I'm so honored you decided to steal my art for your own website. "But it's promotion!" - If your site didn't have anyone else's art on it, no one would visit it, and maybe they'd browse DeviantArt and artist's actual galleries instead...! Our art is promoting THEIR site not the other way around.

(keep in mind I'm ranting about websites that just host other people's art and nothing else, like ponibooru)

[bork.livejournal.com]

I really want to know what site is doing this.

[the-outcasts.livejournal.com]

It's this one here: http://tails.kicks-ass.net/index.php?area=help&view=7 I've edited the entry to include it (of all the things to forget to add in!).

[blitzava.livejournal.com]

This may be the site?
http://tails.kicks-ass.net/index.php?area=help&view=7

[shinmaxwell.livejournal.com]

Unbelieveable...I looked at the sight you linked...one of my pictures I drew of Knuckles the Echidna (right here - http://tails.kicks-ass.net/?area=view&path=fancontent/Shinigami%20Maxwell/clean/&view=ShinigamiMaxwell%20-%20Knuckles.jpg) is up there..and I KNOW I didn't put it up there... x_x

[bailzzararco.livejournal.com]

Another insult is that you should feel flattered that someone likes your art enough to steal it. Eeeuuugghh?

[syrusb.livejournal.com]

It occurs to me that "you should feel flattered that someone likes your X enough to steal it" is only 'acceptable' in regard to something like art.

GEE, your Jaguar XK is pretty awesome, I think I'll steal it! You should be honored I liked your car so much.

[silvertales.livejournal.com]

my question is such a thing even allowed?

Short answer? No.
Longer answer? Hell no.

As the owner of said property, if you say take it down it should be down permanently, not recycled for later. That is unprofessional and unethical in the extreme. It's time for a DMCA to the webhost, especially as seeing this has happened before and, given their "policy," will happen again.

[thaily.livejournal.com]

Nope, not allowed. DMCA their host.

[neolucky.livejournal.com]

Ah, a battle that is almost impossible to win =|, one I have fought for a long long time, and finally just had to give up because I couldn't dedicate my time to having art removed in various places.

I'd say go ahead and DMCA their host, of course, but my own personal course of action is to just watermark everything with a name/website and let them have at it. As long as they know whos art it is, where it's coming from, then I'm "okay" with it. Not fine with it, but it's better then talking to a wall.

Either way, I hope it works out for you! Informing their host of that silly policy should do some good.

[sbneko.livejournal.com]

I've started to feel the same way really.

I used to get extremely upset, but your stuff is going to get reposted all the time. If anything, I just ask for credit and leave it be, but now I'm starting to completely let it go. It does bother me when someone recolours my art or pretend they did it, but my art has become known enough that people do recognize it. Now, it would be a huge issue if they were pretending to be me or taking commissions and not delivering. Although I haven't personally taken the course of watermarking yet.

I don't mean to say you shouldn't fight to get it removed. I completely get why you would and I used to do so, it's your right. Just saying that I personally have given up at this point.

[foxhack.livejournal.com]

Well. This is interesting.

According to this site (http://www.whoishostingthis.com/tails.kicks-ass.net), the host is "Verizon Internet Services"... which doesn't seem to exist as a proper entity.

Does this mean that the site is being hosted from the owner's house?

[dingus.livejournal.com]

seems likely, since kicks-ass.net is also a free dns host.

that might be even better, since their isp is essentially their webhost. you usually need special permissions or a business line to run a server off your isp connection, so a complaint to the isp might get them booted regardless of their content.

[zekulapdragon.livejournal.com]

I am reading the site contract, and I find this bit interesting:

PART 2. RESTRICTIONS:
2.1: The Viewer is not allowed to access any page/files other than the index page or this page of the site if:
A. The Viewer is entering The Site seeking material to begin, fuel, or support a lawsuit or legal action against The Site on any grounds, and furthermore The Viewer or any group affiliated with The Viewer will not seek legal action against The Site as a result of The Viewer accessing this material, in the present or at any time in the future or past.



Lol wow....I guess by signing up you are agreeing not to sue them if they break the law. XD

[the-outcasts.livejournal.com]

I saw that, too, when I was digging around for a proper policy.

So it sounds more and more like they want to make a lawless land... without knowing the law in the first place. The site also hosts comic pages from the Sonic comic, so I guess they think this can cover them from getting into trouble.

re: you'll have to keep coming back

[goatparty.livejournal.com]

I don't understand how they think that's an okay thing to do at all. Not sure if they're trying to make artists think it's too much work to get their art taken down or what, but it's 100% not okay.

[fastbreak333.livejournal.com]

Wait, you have to come back yearly to keep it off? Why? Is it really that difficult to keep things off forever? When you delete stuff, it stays deleted. Why have something complicated?

[greenreaper.livejournal.com]

If they say outright that they'll keep doing it, that sounds like a prima facie case for a lawsuit.