First time I've ever seen someone e-swipe and copy art from my collection.
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14 posts in this topic

5 minutes ago, thethedew said:

This happened to me ten years ago. A page in my CAF was “borrowed” and posted for sale for $10,000 with free shipping.

I was furious.

I contacted the site and they were excellent pulling down the post.

yours is on eBay. eBay sucks when it comes to addressing questionable or outright rip off auctions.

Im sorry man. Some people suck in this world!’n

 

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I’m not sure why you are upset. Someone copied a commission you own? Theoretically, that’s copyright infringement, so you could have a lawyer’s letter sent to eBay. But personally, I would take it as a complement.

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4 hours ago, Rick2you2 said:

I’m not sure why you are upset. Someone copied a commission you own? Theoretically, that’s copyright infringement, so you could have a lawyer’s letter sent to eBay. But personally, I would take it as a complement.

Because sometime down the road, somebody may think that the OP’s commission is a fake.

Edited by jjonahjameson11
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56 minutes ago, jjonahjameson11 said:

Because sometime down the road, somebody may think that the OP’s commission is a fake.

It sucks, but to be fair, the repro didn’t copy Art’s signature. And I have a hard time believing anybody in the hobby would think the one in Micronauts guy’s collection is the fake. 

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2 hours ago, jjonahjameson11 said:

Because sometime down the road, somebody may think that the OP’s commission is a fake.

Only if someone faked the signature, too. That would be forgery. I am assuming they are copying the style.

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2 hours ago, MagnusX said:

The guy is just trying to made $ 20.00 bucks.
Its not worth your time, sleep, or concern.

Its nothing,
just let him be...

2c

I suppose I'm inclined to agree.  Artists do recreations all the time.  I may contact the seller and tell him I won't make a fuss so long as he signs it with his own name.

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8 hours ago, SuperBird said:

Is it copyright infringement though? 

 

Yes. If you commissioned the artwork, then he infringed on your ownership of the image AND probably the trademark rights in the character. And, the artist retains the right to sell copies of it, which could theoretically be licensed or sold (if anyone cares). 

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14 hours ago, Rick2you2 said:

Yes. If you commissioned the artwork, then he infringed on your ownership of the image AND probably the trademark rights in the character. And, the artist retains the right to sell copies of it, which could theoretically be licensed or sold (if anyone cares). 

Not sure about infringing on ownership of the image (typically you would not own the image in such cases- the original artist would still retain those rights unless you had a contract otherwise), but certainly this would not infringe on TM rights of the character any more than the original did. The artist also cannot license copies of his artwork if it is of a character he does not own the rights to. 

Edited by SuperBird
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25 minutes ago, SuperBird said:

Not sure about infringing on ownership of the image (typically you would not own the image in such cases- the original artist would still retain those rights unless you had a contract otherwise), but certainly this would not infringe on TM rights of the character any more than the original did. The artist also cannot license copies of his artwork if it is of a character he does not own the rights to. 

Let's straighten this out as between copyright and trademark. For copyright, the creator of the piece owns the copyright, while the purchaser of the piece owns a secondary copyright. Usually, the purchaser of the piece cannot replicate it, as the artist owns that right, but if someone copies the purchased piece there is a violation of his copyright (as well as the original artist's). The trademark would be owned, if there is one (not all characters are trademarked), assuming a Big Two Company, it would be one of them. Everyone in this case has--on the face of it--managed to violate Trademark rights, although, one can argue no violation due to theories like license, waiver or fair use. And, while there is no general work-for-hire assumed anymore, you can still get the full rights to a piece of work from the artist by express written agreement.

Damages are generally not available unless the copyright is registered (or, you can demonstrate an actual loss by its violation). Then, they are provided by statute (law). An example of actual loss would be if someone bought a page, plastered it on a T-shirt, and sold the T-shirt which you were also doing.

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