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Art & Inspiration Copyright Infringement....Stolen Artwork

Discussion in 'The Hokey Ass Message Board' started by Ruben Duran, Jan 23, 2021.

  1. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Much appreciated Tman. Every little bit helps
     
    Tman and lothiandon1940 like this.
  2. Budget36
    Joined: Nov 29, 2014
    Posts: 14,405

    Budget36
    Member

    So just a question, but when you artistic folks do a drawing, etc, do you have to copyright each piece? Or do you put a mark on it somewhere and it’s covered by the filed copyright?
     
    chryslerfan55 and fauj like this.
  3. quick85
    Joined: Feb 23, 2014
    Posts: 3,047

    quick85
    BANNED

    I hope you get some satisfaction in your case of the stolen artwork.
    Too many people have an angle and the know-how to cash in on it.
    I've seen a couple of my photos used to illustrate a couple of music
    videos on YouTube. That was a surprise. I contacted both the poster
    and YouTube to no avail. Thanks for the heads-up, though.
     
    chryslerfan55 likes this.
  4. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Thanks quick85.
    Just filed a copyright complaint with Facebook since he's advertising on there. Trying to get him kicked off the platform.
     
    lothiandon1940 and chryslerfan55 like this.
  5. quick85
    Joined: Feb 23, 2014
    Posts: 3,047

    quick85
    BANNED

    Ruben, while we're on the subject of your art, I wanted to point out two
    faves of mine, "Tres Flores" and "El Mariachi y La Danzante". I spend a
    good amount of time in the Chicago neighborhoods of Little Village and
    Pilsen, having been drawn in by the Mexican, Latino and Aztec type
    street murals. When I photograph them I do my best to do justice to them.

    I remember being knocked out by "Tres Flores" when I
    first ran across it. Oh, one last thing. You threw a curveball at me with
    your "Tony Stark" print. I'm thinking "I know that name, but why.", and
    I thought that guy looked like Robert Downey Jr. Finally put two and two
    together.
     
    chryslerfan55 likes this.
  6. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    From my attorney:
    In most countries, copyright is a legal right that protects original works of authorship. Typically, if you create an original work, you have a copyright from the moment you create it. Only an original work is eligible for copyright protection. To be original enough for copyright protection, a work needs to be created by the artist themselves and have some minimal amount of creativity.
    Generally, names, titles, slogans or short phrases aren't considered to be original enough to qualify for copyright protection. Copyright generally doesn’t protect facts or ideas, but it may protect the original images that express a fact or idea. This means that you may be able to express the same idea or fact as another artist, as long as you don’t directly copy that artist’s way of expressing that idea or fact.
     
  7. A lot of others have already said it but I will also, beautiful work. You are lucky to have someone notice the theft and make you aware. Can there be any recourse for you if the perpetrator is from a foreign country? Hopefully but if not there should be.
     
    lothiandon1940 and chryslerfan55 like this.
  8. Budget36
    Joined: Nov 29, 2014
    Posts: 14,405

    Budget36
    Member

    Ahhh, so you don’t have to file something ( like. Patten) , you do a rendering, and when someone uses it, it then is an infringement?

    Just trying to understand.
     
    chryslerfan55 likes this.
  9. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Yup, pretty much. Trademark infringement is something different. Logos, slogans or company names should be filed for infringement protection.
     
  10. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Thanks....yeah, I wouldn't have known anything about it if I hadn't been alerted by someone who recognized my work. He could've ignored it, but by contacting me about it proves there are good folks out there trying to do the right thing. I'm grateful to him.
     
  11. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Thanks quick85. Those two are some of my favorites as well because they celebrate my culture in small ways, from the styles of cars we drive to the iconography in the murals and the music. Those two works really do resonate with folks of all backgrounds.
    Yeah, the name "Tony Stark" is kind of unfamiliar to those who haven't seen or read Iron Man, or know who RDJ is. Cool thing about that piece was that it was tagged on FB and IG by Marvel, Jon Favreau and Lokar Performance (they provided the shifter and piston knob for the '32) My 15 minutes of fame right there.
     
  12. Mr48chev
    Joined: Dec 28, 2007
    Posts: 34,827

    Mr48chev
    ALLIANCE MEMBER

    It's all too obvious that someone scanned your work and then posted the copy they made for sale.
    They do claim it as their own though.
    huma-store.com is powered by TeeChip - an e-commerce platform that empowers artists worldwide to create and sell their unique design products. TeeChip only works with reliable print-on-demand suppliers in the US and Asia from our San Francisco head office.

    The talented artists that create all the artworks on this site are based at 17 Ung Văn Khiêm Mỹ An Ngũ Hành Sơn Đà Nẵng 550000 VN.

    I'd imagine you have already gone after TeeChip on that one.
     
    chryslerfan55 likes this.
  13. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Yup... TeeChip is the company I filed the DMCA with. They claim to be against copyright infringement.... I have to wait and see about that.
    That Vietnam address is a actually a tea house in da nang....go figure
     
    chryslerfan55 likes this.
  14. Probably has a sign in the window, "Free WIFI".
     
  15. There’s a very special place in hell for thieves.


    Sent from my iPhone using H.A.M.B.
     
  16. SDhotrod
    Joined: Oct 11, 2008
    Posts: 663

    SDhotrod
    Member

    Ryan don't like thieves either: "Copyright © 1995-2020 The Jalopy Journal: Steal our stuff, we'll kick your teeth in."

    I always get a laugh when I read this.
     
    Last edited: Jan 23, 2021
  17. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Absolutely
     
    chryslerfan55 and lothiandon1940 like this.
  18. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    If ever there was a slogan that sought to dissuade copyright infringement, that would be it.
     
    SDhotrod and lothiandon1940 like this.
  19. stanlow69
    Joined: Feb 21, 2010
    Posts: 7,346

    stanlow69
    Member Emeritus

    It sounds like you need to join to become an alliance member. Talking about your business on the HAMB. Sounds like you are getting good advice.
     
  20. Mr48chev
    Joined: Dec 28, 2007
    Posts: 34,827

    Mr48chev
    ALLIANCE MEMBER

    Well they posting their add on FB right now. Most likely shipped from Vietnam. IMG_0513 (2).JPG
     
  21. Mr48chev
    Joined: Dec 28, 2007
    Posts: 34,827

    Mr48chev
    ALLIANCE MEMBER

    They still have an add with the image going on FB IMG_0513 (2).JPG
     
  22. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    If you go up to the very first post in this thread, you'll see that my intent was not to talk about my business, but to warn fellow artists on here (many of whom I'm friends with) to check and see if there work was among those being stolen. Not once did I direct anyone to any website of mine. Period. All the conversations you read was me responding in kind to those comments addressed to me. Yes, I've received wonderful support and advice from HAMBers, regardless if I'm an alliance member or not. I've doled out help to members and non members as well over the years, because this is a community and we look out for each other.
     
  23. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Yeah, still trying get him off FB, but the claim process can test one's patience.
     
  24. D type
    Joined: Jul 16, 2010
    Posts: 241

    D type
    ALLIANCE MEMBER

    Always enjoy your great talent ---- go get them --- and good luck
     
  25. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Thank you D type....I'll get em
     
    D type and lothiandon1940 like this.
  26. 52HardTop
    Joined: Jun 21, 2007
    Posts: 1,090

    52HardTop
    Member

    Would a water mark on the images protect them from being copied? Those who appreciate the art work would certainly understand why it is marked. Those who wish to steal it would have a much harder time of it?
     
    chryslerfan55 likes this.
  27. WB69
    Joined: Dec 7, 2008
    Posts: 1,958

    WB69
    Member
    from Kansas

    Wow! That's some awesome art work! I really like all of it! Hopefully you can get the crap shutdown!
     
    Ruben Duran likes this.
  28. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    It actually was watermarked.....a customer of his who recently purchased a print and found about all this afterward, sent me a close up shot of the center image....and the watermark is barely still visible. He definitely tried to cover it up, poorly I might add. Guy's gotta work on his photoshopping skills.
     
    chryslerfan55 and lothiandon1940 like this.
  29. Ruben Duran
    Joined: Aug 18, 2007
    Posts: 604

    Ruben Duran
    Member

    Well, I was able to get his Facebook advertisement removed. Couldn't get him shut down unless he does something like threaten, bully or harass me. But if he does get more ad strikes, that's cause to be banned. I also couldn't get other ads taken down because they require their respective copyright owners to do the filing. Also still waiting on the removal of those prints from his store. That already feels like its gonna be an uphill climb.
     

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