Sugio (aka Mark Welker according to FA) Discredits artist, Copyright Infringement, Art Theft

[nxcritter.livejournal.com]

The user Sugio Of furaffinity.net Also know as Mark Welker has submitted an image I created for a concept piece I did for free of his fursuit to a Spencer's Gifts for textile reproduction without my permission. Regardless of the copyright laws in place, I merely asked in a note that he just credit my name and I could even sign the shirt. 

But that was asking way too much

Here is my original artwork concept for his fursuit, a piece of artwork that was created before any money transactions, and was used to express what the final product may look like. Original Artwork (http://www.furaffinity.net/view/8525545/)

He began submitting this image as a design for a t-shirt (almost two years later) through spencers gifts "design-a-tee" program. (http://www.furaffinity.net/view/7284881/) ( Edit: user has deleted the submissions image can be found here http://oi50.tinypic.com/j5v95t.jpg )  and other apparel (http://www.furaffinity.net/view/8575234/) ( Edit: user has deleted the submissions image can be found here http://oi45.tinypic.com/2zybltk.jpg )

(The hidden posts are My pleas to him to give me credit after I noted him. He kept deleting my posts, so I re-post up to the point where I have given up.)

I found this out later and asked him through notes to please give me credit for the work that I had done... 
His reply was slanderous and completely uncooperative.

(http://oi47.tinypic.com/2zf8hhf.jpg)

He then begins to claim the artwork of his own creation (http://oi50.tinypic.com/52zamt.jpg)

He now claims to have created the artwork in question.

It doesn't stop here
He went on to post a slanderous FA journal trying to gain support: 
1) http://oi48.tinypic.com/awde8w.jpg

2) http://oi46.tinypic.com/10oh6s4.jpg

3) http://oi46.tinypic.com/2h64mdc.jpg

4) http://oi46.tinypic.com/1rb2o2.jpg

5) http://oi49.tinypic.com/sfi7t4.jpg

6) http://oi45.tinypic.com/fz8115.jpg

7) http://oi47.tinypic.com/1eopjm.jpg

All I wanted was credit for the artwork that I did, instead, I get flame war.
u.u'

Sugio is known for being belligerent, arrogant and rude when it comes too commissions.
Do not give him your contact details unless you like to be messaged and called more than once a day. Most certainly don't him your address, for he will show up unannounced as well.

EDIT/UPDATE aug 6 2012

I have now been blocked by the user..

http://oi45.tinypic.com/a0b1oj.jpg

I tried to reason with him again and found myself to be blocked.

EDIT/UPDATE aug 6 2012

He found A_B post and has posted it on his fa. 

http://oi46.tinypic.com/10yko5s.jpg

Original file with mod dates

http://oi46.tinypic.com/2mwvvhl.jpg

EDIT/UPDATE aug 6 2012

 He removed the submissions claiming " ext_1338954 (184.88.203.144) wrote:

Aug. 6th, 2012 06:44 pm (local)

no just id rather delete something than give her credit  "

You can find this comment here. http://artists-beware.livejournal.com/614515.html?thread=23856499#t23856499

 and here on his Fa journal http://oi49.tinypic.com/2q0sm8k.jpg ( journal link http://www.furaffinity.net/journal/3730548/ )

This Issue Is now resolved!
I'm so proud of Sugio for doing the right thing!!
Shirt
http://www.furaffinity.net/view/8590684/
hat
http://www.furaffinity.net/view/8590624/
icon
http://www.furaffinity.net/view/8590609/

This can be marked as resolved!

Comments

[neolucky.livejournal.com]

I really feel for you in this situation, I've had something similar happen. Thankfully I'm not sure if he's made much, if any, cash off of your original image.

All I can say to do is keep it posted in your gallery, with your name and watermark across it. You certainly didn't sign over the rights to image use when you drew it, so he own's nothing other then the initial design - It really steams me up when customers automatically assume they own an image that was commissioned or drawn for them.

[tunavoice.livejournal.com]

Woooow. Such a disrespectful and rude commissioner! And the callout journals... what rotten behavior. Blocked on my end.

I'm really sorry you had to deal with this, OP. Like Neolucky said, keep the work posted, don't take it down. At least you can prove it's yours that way with timestamps and watermarks.

[doirn.livejournal.com]

"art credit goes to my mom! (lol yes shes and awesome painter)"

Swell guy. :\

[chronidu.livejournal.com]

Wow this kid is just making a complete and utter brat of them self to put things lightly, are they underaged?

I would alert an admit they are using your work without your permission to have it taken down. They indeed have no ownership over your art, even if it is of their dime a dozen generic green and grey dog 8|

A beware definitely noted.

[radiocatastrophe (from livejournal.com)]

A journal states them turning 18 in 2010 so I'm assuming he is or will be 20 this year.

[radiocatastrophe (from livejournal.com)]

:S He needs a bit of education on what copyright entails when it comes to artwork, as well as characters. The guy who posted artists signing over all rights is completely wrong, unless an artist states they are selling you full rights at w/e price they set then you should read their TOS to see what they actually do sell you the rights for. For example, an artist on FA only allows personal use for her artwork that isn't drawn onto a base meaning she doesn't want you to re-upload the piece unless it's for an icon or avatar something personal no for views or profit.

[enter-data-here.livejournal.com]

I saw that comment too, is he just misinterpreting or flat-out wrong?

[arcticious.livejournal.com]

Oh goodness what a horrid attitude. A few more people to add to my blacklist.
It's my understand that if he doesn't buy the copyright of the artwork, he can't use it without permission from the artist, right? Yet he thinks he is able to because he commissioned the artist, and that he has ownership over the art. Apologies if I'm wrong, and my sympathies go out to OP, what a terrible mess.

[mandyseley.livejournal.com]

No, you're correct. Paying to have the picture drawn isn't the same as buying the copyright, and the law won't assume so unless there's a contract saying that.

[epiceternity.livejournal.com]

Urgh! *insta-block* No, you don't get the copyright unless you specifically pay for it and have the signed paperwork, it does my head in how many people don't get this. All the ignorant white knighting is painful. Thanks for the warning!

[succendo.livejournal.com]

In case you are interested:

http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/show_question/index.php?QID=6188&specialty=0&keywords=&site=537

A lawyer talks about commissioned art.

Summarized: Unless the art was explicitly commissioned for some business purpose and a contract was signed marking the piece as "work for hire", the creator has copyright.

[nxcritter.livejournal.com]

Ah, well fancy that.

Thank you.

[fenrirs-child.livejournal.com]

Is there any way you can contact Spencers with a cease and desist? I'd think they would take copyright infringement seriously. Could be wrong though.

Either way, another for my block list.

[nxcritter.livejournal.com]

I contacted the store and got a phone number from one of the local Spencer's. I will b calling them later to see what can be done.

[norsepaw.livejournal.com]

Holy rabbit feet O__o
That is just rude.
I have a hard time finding word for this (@y@)

It would be fine if HE drew it, not if it was made by others without asking or giving credits. Only because its of your fursona dont mean you can do whatever you want with the art work without giving credits to the one who drew his fursona.

Its to early in the morning (@y@)

[alpharaye.livejournal.com]

Just...
UGH.

Very frustrating and very very beware worthy.

[martyrized.livejournal.com]

And... ka-blocked.

I hope you get this resolved. :(

[nxcritter.livejournal.com]

Me too all he has to do CREDIT me. How HARD is that!?!?!

[mistresswolf.livejournal.com]

gah! I want to correct 'bdjwill' so much... but as per community rules I can't.

I hate that people don't understand copyright rules.

[linksage.livejournal.com]

I feel like I should say something to him as he's a friend of mine in r/l, but I guess I can't because of the rules. :-/ He's a super sweet guy, but unfortunately incorrect in what he told Sugio.

[yoka-neko.livejournal.com]

wow O_O
yup..gonna block,
thanks for the beware

[shinmaxwell.livejournal.com]

Thanks for the beware! Definitely an insta-block.

[cyiakanami.livejournal.com]

Blocked. Horrid attitude. Uneducated people scare me. And ones who think they are right are even worse. Hopefully this becomes resolved.

[starcharmer.livejournal.com]

If it were me, I'd probably remove the link to his page in my submission and just say "Commissioned piece" or something.

So blocked.

[slushienyappy.livejournal.com]

Seriously what...? Is it SO hard to give credit? It's not like it will kill him :/. I hope the admins do something for you ASAP!

I'm also bothered by the fact I was at a convention with this guy ._.;;;...Ugh. Atleast I know who to watch out for next time it rolls around.

[neiramarina.livejournal.com]

Usually I just lurk here, but really had to express my dismay at this situation. How awful. What arrogance! I am so sorry you are going through this. I once illustrated several books, for a commercial client, and when the relationship began to sour so that I respectfully declined further contracts, she got so angry that she threatened to not put me down as the illustrator on the published books. Still don't know if she did or not. I'm not dealing with that stress any more. But I can relate. The indignation one would feel is much the same.

I'd sue if you can afford to. Sometimes people do need to be made an example of.

[kohaku-chimaera.livejournal.com]

That is absolutely horrifying, oh my god.
I was going to mention how stuff like this happens when you do work for young/underage furs but then I noticed on his profile it says he's 19.
Yiiiiikes!!
Avoiding him like the plague!

[dirtiran.livejournal.com]

Perhaps I am putting too much faith in people’s intelligence, but to me it seems they are just trying to needle you for the sake of it.

Then again, I guess they really could be that uneducated in the world of etiquette and art law :C A beware well deserved.

[teekchan.livejournal.com]

Considering most people don't understand copyright laws, I sadly doubt it.

[aerotheacrobat.livejournal.com]

Ugh, I really feel for you in this one. I've been in this situation with a person who was just this childish. I got a big f**kyou and behind my back badmouthing from the person who was screwing me around about a pic I did for him. I just go directly to mods and say, "this is my artwork, I expressly said they can not use it" and link back to my original posting of it whenever I see it pop up. I suspect that this guy will just play the victim and act like an entitled brat every time you try to talk civilly with him. Giving credit is not that hard...

[enter-data-here.livejournal.com]

Woah, blocked so hard. I think the real kicker here is that he wants copyright over an image he didn't even pay for!

Re: ...sooo you think im all bad.....lol do you know who nataya is?

[lovelesskiax.livejournal.com]

Your story about the partial has absolutely nothing to do with your ignorance of copyright laws and the problem at hand, not to mention your horrible behavior.
If you feel she's so bad you may as well make a beware yourself.

[midnightfury.livejournal.com]

Blocked him. This attitude is unacceptable.