My Original Artwork.
They say things come in threes and that has proven true regarding recent copyright infringement regarding my artwork. Anyone who reads my blog is aware that my hawk mascot art was ripped off and sold online.
When ever I post about things like this on my blog it gets shared with other designer. Designers by nature are visual thinkers for the most part and we remember what we've seen. One person who read my blog sent me an email which has revealed another infringement using my hawk art. (If you are counting that is infringement number two)
But this new matter is far too complicated for me to handle via my own infringement letter and I have turned it over to my copyright attorney to consult on and I'll follow his lead.
Well on Saturday I was made aware of another infringement regarding my bat art. (See they come in threes)
IMVU.com virtual rip.
I was able to follow DMCA protocol and send the infringing web site my infringement letter and they have pulled down the art that one of their users were selling.
It's bad enough people rip my art in the real world, but now they are ripping it and selling it to virtual clients too? (Anyone who is familiar with IMVU.com please feel free to comment)
My infringement letter post shows how to write to a web site or individual that has infringed upon your copyrighted work online. And below is the type of standard issue reply you'll get back once a site like IMVU.com has acted upon it. It's cold, calculated and as you can see allows them to hide behind the DMCA.
Modus Operandi Response From Infringers
In compliance with the IMVU policy relating to claims of copyright or trademark infringement, which is meant to adopt and implement the procedures specified under the DMCA and US copyright law, IMVU has taken the following actions regarding your complaint:
1) The offending items have been placed on DMCA hold and we have disabled access to or removed them from the IMVU catalog.
2) Notified the person who created and/or posted the offending items.
For more information on IMVU’s DMCA/Trademark policies, or for instructions on reporting future violations, please visit our DMCA page.
Terms of Service.
Please note that this is our ordinary response upon receipt of a formal DMCA takedown notice, in compliance with the DMCA and our policy. We express no view with regard to the merits of your claim(s) of infringement or with regard to any other matters you may have communicated to us. We reserve all rights and defenses.
fax: (650) 618-2561
All the above transpired over a two day period. I discovered the infringement Saturday. Sent off a my infringement letter the same day. And on Monday I got the response shown above and the matter was resolved.
Now this doesn't always happen this smoothly. And if a copyright infringer insists on being a weasel you might need to get a lawyer involved. But most reasonable people will admit the transgression and align with DMCA protocol.
View Copyright Infringement Letter.