What do?

Nov. 20th, 2012 06:38 pm
[identity profile] mechjoc.livejournal.com posting in [community profile] artists_beware
So I wanted to ask everyone here for their opinion on something. Couple years back, I commissioned an artist to do a comic based on one of my stories. He started posting the comic on his own website, where it quickly became the most popular one there. He finished with it, then launched into doing a continuation of it. When he originally approached me for it, I said I would write a sequel, but that I didn't want him doing an in between story.

Now, I've found out that he's not only been writing that story, but apparently he's been selling spots in it; in addition to the money from his website.

So my question is, what do I do?

Date: 2012-11-22 11:41 pm (UTC)
From: [identity profile] radiocatastrophe (from livejournal.com)
If he's going against your wishes and using YOUR story, call him out on it. I don't know what else you could do as I don't really know what there is out there for people who write can do when their work is being sold without consent. Maybe other members can assist you especially those who major in writing. C:

Date: 2012-11-23 12:02 am (UTC)
From: [identity profile] funkicarus.livejournal.com
by same group/different characters do you mean like, he's using the archetypes of the previous group (like just for example, a thief a mage and a warrior)? or is it something more like people within an organization you created (like waterbenders from avatar or something)?

if he's just stealing the archetypes i'm not sure you can do much about that, but if he's continueing to use character organizations that you created...it sounds like the kind of thing you could actually take him to court over, but i'm not sure you want to take it that far.

making it as known as possible (posting it to his site that you didn't authorize this, or other sites) seems your only other option, but that also seems a bit weak. there will always be fans who don't bother to read how the content was stolen and just give him money anyway :\

Date: 2012-11-23 12:16 am (UTC)
From: [identity profile] funkicarus.livejournal.com
sounds like you got a case to me.
i don't know if you know/have a lawyer, but contacting one seems like the next step since this guy is profiting off intellectual property that is yours. :\

Date: 2012-11-23 04:42 am (UTC)
From: [identity profile] radiocatastrophe (from livejournal.com)
Going to chime in with the others, I didn't want to suggest (and I hope I didn't) going to court with this, but that's personally how I feel as I am awkward in front of crowds. But if you feel this is your only option to keep him from using your story and the plot that you created after your business together was over then go for it, as well as post a beware.

Date: 2012-11-23 01:50 am (UTC)
From: [identity profile] silvertales.livejournal.com
If this is profiting off your intellectual property (ie. your universe, your world-building, YOUR story) without your permission, I'd say it's time to contact a lawyer.

Date: 2012-11-23 02:58 am (UTC)
From: [identity profile] ansur2.livejournal.com
You could send him an official "Cease and Desist" letter -- which can be drafted and sent by anyone, though most people have a lawyer do it. You may be able to find free legal services offered by someone in your local community offices.

There are lots of examples of C&D letters online. You could grab one and fill it out yourself, then send it one to the artist (officially asking him to stop) and one to the owner of the website (officially asking them to take down the content).

Date: 2012-11-23 11:21 pm (UTC)
From: [identity profile] taelifoe.livejournal.com
I know it's unpleasant, but you definitely need to let him know in no uncertain terms that he has no right to use your content without your explicit permission. I like the idea of the Cease and Desist order. You may need to think about getting an attorney, as well. My gut feeling is that if he's making money off of this story/comic, he's not going to want to let it go.

By chance, do you have any of your story or work registered with the copyright office? If so, you can use that to sue him for the total profit he's made off of your work.

Bottom line is this - whether it's written material or artwork, plagiarism is not okay. Especially if he's making some money off of your work, without your permission. You need to take legal action.

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