http://www.fineartregistry.com/articles/art-legalities/artist-legal-tips.php http://wiki.answers.com/Q/Is_it_ok_to_copy_another's_artwork
Let's not insult the OP by comparing him to Apple. Apple managed to attain the D 889 patent but the design already existed in the 1994 Fiddler/Knight Ridder tablet. Whenever I see something truly unique in modification of a car, it inspire me to do something similar but not copy and sell it. Saw a flat gl*** fastback conversion of a bubble type back window car. It makes me wonder what I can uniquely create as my own. But I'm not the artist the OP is.
I had some of my b & w line drawings "stolen" by less-than-honest "artists" from this forum...and that's why I quit posting those illustrations on the FAS...I will send an e-mail to the jerk on your behalf... R-
So....I got a hold of Steve McDonald's brother Phillip. He seems like a nice guy. I told him who I was and what the situation is, and I sent him an e-mail with the comparison pics. he says he understands, but I won't be able to talk to him for awhile. As of last Monday the 16th, he's in the state Pen for four years. WHAT! I just got off the phone with the county lockup down there and confirmed that he is, in fact, in lock up for four years. His brother told me why, but it has nothing to do with theft, so I won't post that. So....now I concentrate on Thunder sportswear. Thank you everyone for your support and help in tracking down Mr. McDonald!
Del, you have him by the hang downs. If by chance you used photographic references and he used the same photo, then he may have an out. But it appears this was straight from your noggin, so teach him a lesson. Don't let anyone take food off your table!
Hey Del, Sorry to see your work get copied and sold with you not getting the benefit of the profit. I'm an artist in the fine arts field and I'm always getting my work stolen in one way or another. Haven't seen any printed by another company though. Mainly it is someone that brings it up on the internet and makes a print of it or they just steal my original pieces at an art show and run with it. Lost quite a few this way. It really ****s. I finally resigned myself to thinking of it as a sincere compliment. Have a great day and Peace, Chaz
Well, that sure is an unexpected twist. Reminder to be careful what you wish for, sometimes it actually happens.
I was going to get the boot from a writing course I did, seems both me and another student turned in the same story. Everything from dates, places, names, everything was the same as my story about a hairy patrol in Iraq. My **** was saved by the fact I had paperwork and photos to back up my version of the story. Its a ***** isn't it, at least the karma bus ran his *** over well and truly!! Doc. He at 18 still had trouble accounting for the years spent in the service, for me it was just another memory!
Damn! Hope you get some resolve in this, people that steal ****!! Hope he gets ****d in jail by a really big dude named bubba, Id find out what jail he's in and pay a guard to kick his *** every night!! Thats the American Way!!
There will be no jail, even if the OP wins his case. You guys do know that we have to separate and distinct court systems, right? Civil and criminal. Steal a t-shirt, that's criminal. You could serve time. Steal a t-shirt design, that's civil. You'd have to pay a fine, damages, and maybe the profits from units already sold.
Stealing a design and submitting it to a Company with intent of financial gain isn't criminal? I'd say if he stole it and started running off his own shirts, maybe even selling them, that would be a civil issue. My thinking is that this is fraud with intent of financial gain, theft by deceit, and selling stolen property (wasn't his to sell). Me thinks this has criminal all over it, especially if the amount he received as payment for "his" design exceeds a certain amount.
Both are "criminal", but they are handled differently. White-collar v.s. blue-collar crime, although Hollywood has been working hard to make it all criminal, as in you can get jail time. Either way, unless we are talking large sums of money, jail is highly unlikely.
Uh...guys, if you'll read back a few posts you'll see that the thief is already in jail on another offense. So yeah...there is jail time.
sorry to hear about your troubles Del, and Chicken if you read that post more closely the thief's brother is in jail, good luck in your endeavors anyway Del
Uh, no dude. The thief (that stole his work) is already in jail on charges unrelated to theft. How would he talk to the thief's brother if his brother was in jail? Any why would he the call the State Pen and verify the thief's brother was there? If he just talked to him he would already know that. And what would that have anything to do with the guy who stole the artwork? That's why he said he's now going after the Company the thief sold his work to.
I would like to Have your Lawyer, We have a business that includes designs,We label all of them property of our business and copies are not allowed without permission.Our attorney said if the design is changed 25% it is not a copy and you can"t do ANYTHING about it, He did say you can take it to court but you will lose.That is here in Texas, maybe it is different elsewhere.
Now that's an interesting end to the first part of the story. What can possibly be done with Thunder at this time?
Well, Mr. McDonald is gonna have plenty of time to work on his own designs and the shirts with your stolen art work are off the market. Sounds to me like that is about as good as it's gonna get, unless you can get some compensation from the manufacturer.
I have a feeling the op won't be able to win/ collect anything other then Thunder pulling it off the market. Thunder probably have their **** covered with a release, might be fake but hard to prove it. The artist being in jail probably won't be able to pay anything and what would you get filling a judgement, he won't have a job for a few years it sounds like. I had something like this happen a few years ago, I was surfing and came across an ad for prints, a calander, coffee mugs, t shirts, even a tote bag featuring one of my paintings. Wasn't even changed 1%! A non profit group had used it and had these items for sale as a fundraiser. They had contacted me about using it for a t shirt design and I had told them I would sign a release for them for a t shirt but absolutely no prints or anything of that nature since I sold prints. Never heard another word from them about it till I saw the ad. Recourse, none, the publisher had a signed release where the non profit claimed they had the right to use the image and of course the non profit had no ***ets to go after. Like I think will happen with the op, all I got was the publisher immediately pulling the product which sounds like Thunder has.
I was refering to Del's line "Copying it directly AND making money off of it is a slap in the face!" The "compounded felony" is aimed at the "artist" that stole his work, then sold it to Thundersport. At any rate, it's good to hear Thundersport is cooperating (they unknowingly bought stolen material and got hosed too) and the art thief is behind bars.
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