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I am so angry

Journal Entry: Fri Dec 19, 2008, 11:59 AM
  • Mood: Hungry
  • Reading: Terry Pratchett
  • Drinking: water
I am so angry!!!

It happens very often that my pictures get stolen! In most cases I write to the owners site, send them a link to the original and the picture will taken down. It is very annoying but it works. Now about 4 times my pictures get stolen and were uploaded on the site "Icanhascheeseburberz" and here the case is really mad: The times before the system works very fine. I sent them the link and after asking me if there will be a way to keep it online when they call me as artist (so tiny that you need a microscope to find it of course!) and I refuse it they keep it down. But this time it becomes ridiculous. Here are the terms I have to do to protect MY work:

<<
Here is the information that is needed on the document that you send to us:

   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
   4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
   5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

<<

That is ridiculous! It seem to be that "Icanhascheezburger" protect art-thieves way more than artists!!! How mean is that?

Here is the link to the stolen picture: icanhascheezburger.com/2008/12…

And maybe is there someone out there you could give me advice: Do I can write a bill to those institutes, because I have a lot of work to do which would not be paid, just to take a stupid stolen copy of my picture down?

I can not put in words how angry I am right now! That is so hard for me, especially because my English is not the best...

But nevertheless how angry I am and nevertheless how annoying those incidents were: I'm always very happy to have people out there who keeps their eyes open and help me to protect my work!!! That means a lot to me :hug:

Sad greetings
Oliver



My other accounts:

HP
Myspace
youtube

Clubs:
:iconcat-lovers-anon: :iconkittycatcult: :iconartistsforshelters::iconcat-club-cat:


Add a Comment:
 
:iconnandeena:
Nandeena Featured By Owner Dec 20, 2008  Hobbyist General Artist
Hach das hört einfach nie auf, ständig les ich andre Fälle von art theft, das is echt traurig :(
Vll solltest mal drüber nachdenken n watermark (omg hab grad deutsches Wort vergessen ;P ) auf deine Bilder zu machen oder sowas? Anders kann man leider net verhindern dass seine Bilder ständig geklaut werden schätze ich... :(
Reply
:iconcyberfish:
Cyberfish Featured By Owner Dec 20, 2008  Hobbyist Digital Artist
Auwei, sowas kenn ich. Die hol'n wir uns, sowas ist nicht erlaubt, vor allem, wenn es ausdrücklich erwähnt wird, dass man das nicht will!
Reply
:iconzenibaz:
zenIbaz Featured By Owner Dec 20, 2008
Ich hol die Flinte und zieh los ...
Reply
:icongothic-kitten:
gothic-kitten Featured By Owner Dec 20, 2008
Aww that sucks. All you can really do is put watermarks on the work you put up:/
Reply
:iconabaddona:
Abaddona Featured By Owner Dec 20, 2008
its hard to prove copyright...I'd suggest tagging your work you put online. You don't have to use the deviantart tag, make your own. It's harder to steal then cos they would have to clone it out!
Reply
:iconjade-fire22:
Jade-Fire22 Featured By Owner Dec 20, 2008
I left a comment on that website with a link to the original picture, so even if she doesn't take it down anyone who checks out that picture will find the link. :P She'll probably remove my comment though...
Reply
:iconsohilicious:
Sohilicious Featured By Owner Dec 20, 2008  Hobbyist Digital Artist
bah ich fand die seite bisher immer ganz nett o0

richtig dreist.

Das Problem hat ich letztens auch. Zwar nicht hier aber es wurde extremst verharmlost.

Gibt nichts schlimmeres als das ein Bild von dir unerlaubt genommen wird.

Wenigstens habense nun deinen Namen druntergemacht.

fühl dich gedrückt und getröstet
sowas ist echt mist
Reply
:iconkara-kedi:
kara-kedi Featured By Owner Dec 20, 2008  Professional Digital Artist
Hey there!
This really sucks. Not wanting to offend the many people seem to like that site or the "cutesy" captions, I personally wouldn't want to be associated with them either. And since you didn't give your permission beforehand, for me there's no question that they have to take it down... but I guess you'd have to go through the motions of giving them those official infos (if you haven't already done so) - props to TalyrasMirror for giving such detailed hands-on advice, btw :).
I hope you get this solved to your satisfaction, and you let us know how it's going! :D
Reply
:icondarkened-skys:
Darkened-Skys Featured By Owner Dec 20, 2008
Art thieves.... man I hate them.
Reply
:iconflurryflurry:
flurryflurry Featured By Owner Dec 20, 2008  Professional
schöne scheiße. eig gehört icanhascheezburger zu meinen lieblingsseiten... aber das macht mich grad echt sauer!
ich werd der netten frau auf jeden fall mal schreiben! (ich sehe es richtig, dass es wichtig für dich wäre, dass man ihr schreibt, dass es auf jeden fall DEINE bilder sind, ja? sonst noch irgendwas??)
fühl dich mal ganz dolle gedrückt!
Reply
:iconunknowncreation:
Unknowncreation Featured By Owner Dec 20, 2008
wow...what poo faces. you'd have to do that for every picture?!
Reply
:iconkitwolfren:
KitWolfren Featured By Owner Dec 19, 2008  Hobbyist General Artist
Since they do have a link back to your original page, I'm not sure you can legally make them take the picture down. They are not claiming that they produced the picture themselves, so I'm not sure exactly what action you could take.
Perhaps a petition? Though online ones where people sign their screen names are not as effective as true identity and address petitions.

Emails from fans, making clear their dislike of the use of your work may help, as long as they are written well and non-offensive.

I hope you can find a way to get your work off the site. If you need any help, I'll defiantely do what I can.

DeviantARTists have to stand up for each other!
Reply
:iconoreocookiewonder:
Oreocookiewonder Featured By Owner Dec 20, 2008  Student Interface Designer
It doesn't matter if they gave the artist credit. They didn't ask beforehand and Hoschie didn't give anyone permission to redistribute.
Reply
:iconunknowncreation:
Unknowncreation Featured By Owner Dec 20, 2008
unauthorized display is considered theft, if the author of the product (that is being sold) does not wish for it to be sold or displayed at any location, it must be taken down..... at least that's what I think it is...that's the way it works for magazines and books at least... (I'm not a law expert)
Reply
:icontalyrasmirror:
TalyrasMirror Featured By Owner Dec 19, 2008
Hey Oliver,

This sucks. But, the icanhascheezeberger site is sort of in the same bind as you. Your best bet is to do as they ask, because they are also just trying to cover their legal (and financial) butts.

In the 21's century, all artists, parents, and human beings in general, have to protect their own rights and be their own advocates, because there are just too many ways to scam or cheat or steal a person. This is no different. If you don't protect your own copyright, it is the same as saying that the images are free use to everyone. And yes, you have to bear the annoyance and expense yourself. So far, defending my copyrights has cost me over $1200 US dollars.

I'm going to try to explain why each of the following items are needed. I'm not a lawyer, but I have dealt with people stealing my copyrighted instructions and using them to sell their products.

The site uses legalese because it has to in today's crazy lawsuit driven world (insert your favorite lawyer joke here). It is more precise and specific, and sometimes harder to miss-interpret.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

They need the above to prove that there is a real person behind the complaint. If they don't ask for proof of an individual, who is willing to take responsibility for the complaint, any person can claim that they own the picture, and that they want it down. Also, a signature on a written statement, especially one with a "penalty of perjury" clause, is legally binding.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

This just means that you need to list the images that have been stolen, and where they were stolen from.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

This is just a list of the images that are being used without your permission, and where to find them. They want the URL's on their site so that the stolen images can be found and removed quickly.



4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

This is the same as the first point. They need proof of the existence of a real individual, who is willing to stand up and say, "This is mine. I am real. Take it down." It is just contact info. Think of it as filling out a contact card for a gallery, and it won't hurt so much.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

This means that there is no Limited Use License posted with your original image. Many of the stock images on DA do have free use or limited use licenses associated with them. This point just asks that you did not agree to such a license.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Again, this is just legalese to protect their butts. It just says that you would be willing to claim this art as yours in front of a judge. You are making a legally binding statement that has financial consequences to a huge site. If you are not willing to swear to the infringement, then they won't do anything.

Icanhazcheezberger is not going to take your images down until you fill out their paperwork. No matter how many of us write, e-mail or flame them.

So, here is a bare bones version of the note that you send them, via e-mail:

From: Oliver (I've forgotten your last name, but it goes here.)
Your address
Your phone number
Your e-mail address

TO: The contact name and address for the icanhazcheezberger website.

To whom it may concern:

There are several images on your site that are based on my copyrighted photographs. These images were used without my permission, and I would like them removed from your website. They are:

(List the URL's of the images you want taken down.)

These images were taken from the following websites:

(List the URL's of your originals)

I have not authorized any use of these images or any derivative works based on these images by any other site or individual.

I affirm that the information in this notification is accurate, under penalty of perjury.

(A scanned copy of your signature, embedded into the e-mail.)

Your full legal name.
The date you send this e-mail.


---------

You should print out, sign, and mail a copy to the contact address. You should also print a copy for yourself, and keep it in a file somewhere.

DA loses artists every day because of things like this. It sucks.

I don't want us to lose you. :hug:

Kathleen
Reply
:icongeorgiarose:
georgiarose Featured By Owner Dec 20, 2008
Great information that we all could use. Maybe you should write an article. :)
Reply
:icontalyrasmirror:
TalyrasMirror Featured By Owner Dec 21, 2008
That's kind of you to say!

:hug: Kathleen
Reply
:iconneon-stitches:
Neon-Stitches Featured By Owner Dec 19, 2008
I sent them a mail for you. I hope you can get this taken care of. That upsets me so much. I was just looking at that site the other day wondering where all those cute images come from. >.<
Reply
:iconlikalaruku:
LikaLaruku Featured By Owner Dec 19, 2008
There's really not much you can do against THAT site; they're like the YouTube or Bittorrent of cat photos, taking no part or responsibility for what their users upload. If you want to go Viacom on their asses, you're going to need a lawsuit & a lot of money.
Reply
:iconkokoronoyume:
KokoroNoYume Featured By Owner Dec 19, 2008
That's really sad; I wonder how many other photos used on that site are stolen from artists. Hopefully the people who run the site are reasonable enough to take it down. Now I wonder if it was sent there by one of your watchers here on dA...hope not =/
Reply
:iconjuli-chan:
juli-chan Featured By Owner Dec 19, 2008  Hobbyist General Artist
I live near Seattle. I could go pay them a visit :)
Reply
:iconjuli-chan:
juli-chan Featured By Owner Dec 19, 2008  Hobbyist General Artist
I also commented on the picture itself, as well as sent an e-mail to "Miss Emily".
If they do nothing to protect you, Hoschie, I recommend you threatening them with a law suit. I know that is no fun, but if you want your artwork protected, it's either that or putting huge watermarks on your art.
Reply
:icondaisyj201:
daisyj201 Featured By Owner Dec 19, 2008  Hobbyist Traditional Artist
i mailed them. i hope that maybe enough emails will cause the company to remove your photos and to reconsider how they obtain their photos and how to verify who owns it
Reply
:iconpiratewench831:
piratewench831 Featured By Owner Dec 19, 2008
it looks like you're credited as owner of the picture:

picture: hoschie. lol caption: Dank23

or do you just want it removed?
Reply
:iconhanzoushinrei:
hanzoushinrei Featured By Owner Dec 19, 2008
icanhascheezburger gets lots of revenue through ads and traffic. and they stole 4chan's Caturday concept. douchebags, everyone hates them because all they do is google cat pictures and put text on them in broken English.
Reply
:icondeutschkatrin:
DeutschKatrin Featured By Owner Dec 19, 2008  Student Photographer
I sent an email! :3 Says:

"My name is Katie, and I have come to the realization that this picture: [link] has been used without permission and without recognition to the artist. The Artist, Oliver, and many members of the website [link] request that it is removed promptly. The fact that you do not do this with haste and ask many requirements of the artist to prove that this work has been used without his permission is ridiculous. This seems to show that your website allows and promotes the theft of art. Please take the proper action and remove this picture from your website and prevent it, or any variation of it, to be put back up. Thank you very much, and have a happy holiday season."
Reply
:iconfaerywitch:
faerywitch Featured By Owner Dec 19, 2008  Professional Digital Artist
Maybe you could ask the person that captioned your photo to remove it? If he or she likes your art so much maybe they will be willing to help you. You can see their info here [link]
Reply
:iconcrazycat-7:
cRaZyCaT-7 Featured By Owner Dec 19, 2008
x.x eep! thoes bastards!! thats outrageous!
Reply
:iconwanderer03:
wanderer03 Featured By Owner Dec 19, 2008
Don't cha worry buddy.. I post a very nice comment on that page

December 19th, 2008 at 2:12 pm

Who in the hell stolen my friend Hoschie [link] work?? This pix belong to him and not to this SHIT ASS HOLE person who took the pix & then mod it and clam that it his / her work.. You ass hole!!!!

and I'm going to send a nice hello email to that ass hole!! :jedi:
Reply
:iconwazabees:
wazabees Featured By Owner Dec 19, 2008  Hobbyist Photographer
I've sent you a note again, about what to write in an e-mail to them. :)
Reply
:iconvle1170:
vle1170 Featured By Owner Dec 19, 2008
I love the LOLCats but this irks me. I remember the day you posted that photo and thought it was one of the cutest ones Id ever seen.
I have left a comment on that photo letting them that I believe they should delete it because its stolen and I have reported the image as well to the site. Hopefully that will get them to take it off the site.
I mean if they were going to do that, the least they could have done is contact you first to ask permission.
I hope this is resolved soon for you.
Reply
:iconknurl:
knurl Featured By Owner Dec 19, 2008
ARGGGH! I love the icanhazacheeseburger site, but this makes me very angry >OO I'm gonna send the e-mail. >_>
Reply
:iconcandymagicgirls:
CandyMagicGirls Featured By Owner Dec 19, 2008  Hobbyist Writer
they has your name up now.....

ASSHOLES! oh sorry, random freak out :blush:
Reply
:iconneyla25:
Neyla25 Featured By Owner Dec 19, 2008
Oh, and I'm E-Mailing her right now actually. D:<
Reply
:iconneyla25:
Neyla25 Featured By Owner Dec 19, 2008
That's completely ridiculous! You have all the rights to take that down! "Miss Emily" needs to learn the rules of artwork, non? D:<
Reply
:iconallyntu:
Allyntu Featured By Owner Dec 19, 2008  Hobbyist General Artist
they linked your work of dA in the site...


i hate stolen sites :paranoid:
Reply
:iconcelebrian666:
celebrian666 Featured By Owner Dec 19, 2008
talk to fintera she's here on deviant...she'll definately help you out
Reply
:iconbjg123:
bjg123 Featured By Owner Dec 19, 2008  Student General Artist
awww man that must suck my friends stuff get stolen to and people make bebo skins out of them its so annoying
Reply
:iconindyizodd:
indyizodd Featured By Owner Dec 19, 2008
Threaten to sue them if they do not remove your work immediately. When you do this, send an original copy of the stolen picture and let them know that they're guilty of Theft of Intellectual Property.

That should take care if it pretty quick. You should NOT have to go through all of that! I'm so sorry this is happening to you.
Reply
:iconwolfblitz2:
WolfBlitz2 Featured By Owner Dec 19, 2008
ok so you want us to shoot them?
Reply
:iconsilverrspells:
silverrspells Featured By Owner Dec 19, 2008  Professional Digital Artist
btw, just wrote an e-mail. I noticed others did, too. I hope that so much pressure will help :)
Reply
:iconkolina-chan:
kolina-chan Featured By Owner Dec 19, 2008
eh ppl like that are really the worst v.v
have you tried to put logo or sign or something on THE ACTUAL picture ?
i know that sometimes it doesn't look good on the pictures but well it's atleast some way to protect your art ^^
Reply
:iconkaffeewesen:
Kaffeewesen Featured By Owner Dec 19, 2008
Hey,
das ist echt eine Sauerei! Ich bin davon zum Glück bisher noch nie betroffen gewesen, aber ich denke, du solltest mal mit einem Anwalt sprechen.

Soweit ich weiß, kann man (solange man einen Verantwortlichen finden kann, und sei es nur der Betreiber der Website; der ist nämlich automatisch verantwortlich für die Inhalte seiner Seite) über einen Anwalt eine kostenpflichtige Abmahnung schicken. Ich weiß nicht, in welcher Preislage sich das so abspielt, aber bei Urheberrechtsverletzungen kann das zu einer Strafe von einigen tausend Euro für den Verantwortlichen führen. Natürlich kann auch schon die Androhung einer Abmahnung ausreichen.

Allerdings weiß ich nicht, wie das ganze läuft, wenn der Verantwortliche außerhalb von Deutschland wohnt.

Wie gesagt, sprich am besten mal mit einem Anwalt (ein telefonisches Beratungsgespräch geben die meisten Anwälte auch umsonst).

Ich hoffe, das hat bald ein Ende... deine Bilder sind nämlich wirklich gut :)

Tobias
Reply
:iconriokeshen:
Riokeshen Featured By Owner Dec 19, 2008
I did more than email that person. trust me after reading my message the picture will be gone off that site
Reply
:iconsilverrspells:
silverrspells Featured By Owner Dec 19, 2008  Professional Digital Artist
my advice is to start using dA watermarks and upload smaller versions of your pics, so that it would be worthless copying and modifying them.
As for the rest, I'm afraid I can not help :( Maybe asking someone to take the site down?
Reply
:iconcrayonxbby:
Crayonxbby Featured By Owner Dec 19, 2008
That's a big no-no, to steal art. I noticed at the bottom though, they had a little link that said "hoschie", which is your username, no?



Hah. The address provided is less than a 15 minute drive from my house.
Reply
:iconolovni:
Olovni Featured By Owner Dec 19, 2008  Hobbyist General Artist
Using art without permission is definetley a big "no-no" in my book. I'm suprised that you have to provide so much apperwork for you to proove the picture is yours... but it also suprises me that the lolcat link actualy gives you credit for the photo and links to your deviantart page. Maybe the figure if they provide a link to your work it's not a copyright violation... or something simillary stupid.
Reply
:iconmydigitalmind:
mydigitalmind Featured By Owner Dec 19, 2008  Hobbyist Photographer
Do you know how to put your name so it's in the properties of the picture? Of course, it'll only stay if the person does a Save As... instead of Save for Web.

In Photoshop, go to File > File Info and input your info in there (also select copyrighted under the dropdown about half-way down). I'm actually in the process of making a tutorial about creating an action for this since there are so many cases of stolen artwork.
Reply
:iconhoschie:
hoschie Featured By Owner Dec 19, 2008  Professional Filmographer
Thanks.
Normal i do it on every picture, but now i see in the EXIF-file that I forgot it on this picture...
Reply
:iconmydigitalmind:
mydigitalmind Featured By Owner Dec 21, 2008  Hobbyist Photographer
They could have always saved it another way (save for web).

To help others with this, I submitted my tutorial to DA. I just want to spread the word on it so that people are informed: [link]

I'm going to end up resubmitting most of my works with my watermark + hidden info because I saw my stuff in a few stock packs and flickr pages. :|
Reply
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