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I got ROBBED

Release the lawyers ...

Honestly, I have no clue if my case would be legit at all, though I do have the original Photoshop files on file, and the fact that the shirt image and mine ARE THE EXACT SAME. I can even point out the parts where I fucked up. But as you can see, this was made before I started putting copyright stamps on my digital images. Plus, he's in a different country. WHAT CAN I DO TO MAKE THIS BITCH BLEED?!?!?!?!

Luckily for you, and all other artists out there including myself, you don't have to put copyright stamps on your stuff in order for it to be copyrighted. According to current laws, unless you go on record stating that your work is public domain, it is automatically understood that said property is owned by you and under copyright. Now the fact that he is in Canada might be a problem. However, I'm fairly sure the Canadians have laws similar to our own regarding this so there might very well be avenues of legal recourse you can pursue.

Whilst that is quite true, if he can't prove he created the image then he won't be able to sue for copyright infringement.

I'm no expert to be sure, but I don't think photoshop files are gonna cut it. You need to be able to verify the date you created the artwork and then let him attempt to prove he created it beforehand. Creation dates on a computer file can easily be faked.

I was always told to seal things in an envelope and then get the post office to date stamp it and post it to yourself, and then leave it sealed obviously.
 
Honestly, I have no clue if my case would be legit at all, though I do have the original Photoshop files on file, and the fact that the shirt image and mine ARE THE EXACT SAME. I can even point out the parts where I fucked up. But as you can see, this was made before I started putting copyright stamps on my digital images. Plus, he's in a different country. WHAT CAN I DO TO MAKE THIS BITCH BLEED?!?!?!?!

Luckily for you, and all other artists out there including myself, you don't have to put copyright stamps on your stuff in order for it to be copyrighted. According to current laws, unless you go on record stating that your work is public domain, it is automatically understood that said property is owned by you and under copyright. Now the fact that he is in Canada might be a problem. However, I'm fairly sure the Canadians have laws similar to our own regarding this so there might very well be avenues of legal recourse you can pursue.

Whilst that is quite true, if he can't prove he created the image then he won't be able to sue for copyright infringement.

I'm no expert to be sure, but I don't think photoshop files are gonna cut it. You need to be able to verify the date you created the artwork and then let him attempt to prove he created it beforehand. Creation dates on a computer file can easily be faked.

I was always told to seal things in an envelope and then get the post office to date stamp it and post it to yourself, and then leave it sealed obviously.
Whenever an image is posted on the web, a great way to protect it is to use a watermark. I can't count the number of times someone in the VW hobby has discovered a picture of his car being used for a fraudulent E-Bay auction (yes, old VW's can bring big coin) as well as ads in a classifieds. So, many fight back by putting a watermark across the image. This greatly flusters the efforts of an unscrupulous person who wants to use the image.
 
AND THE OFFICIAL REPLY FROM THE JERK IS:

Dear cyphaflip,

It was made by my designer.

Regards,
Marco

- bl-1982

In my reply, I asked him, as a courtesy, to remove the shirts as the images portrayed are mine and I hold copyright over them. I shared with him the deviantart and my art blog links that date to October 2008. When/If I get his reply, I'll update you all on the situation.

THANK YOU ALL FOR YOUR ADVICE AND SUPPORT!

As for the road trip... is it true that Vancouver is the "Amsterdam of the west"???
 
Only one action possible

Hire a very good lawyer.

Spend years in courts and thousands of dollars.
 
Call him out on You Thought We Wouldn't Notice. It's a clearinghouse for people who get their art ripped off as you did. See if he submits his "designs" to aggregate sites like Shirt Woot or Split Reason and dog him there too. I abhor this kind of theft, we must make him pay!
 
I was wondering the same thing, actually.

It's similar to the case of that Obama Art...whether the artist stole the image from the AP photographer, or if it's ok because it's significantly different.

However, in this case, wouldn't it be two separate things? There's the master photograph and then there's the theft of the digital art.
 
Glad it worked out.

I had to get lawyers to write a strongly worded letter to a competitor who ripped of the our website's design & large chunks of the accompanying text a couple of years ago. Dude was very apologetic, took it down... and then put it all back up again a few months later, thinking we wouldn't notice. What a tosser. Another "friendly" letter together with an added threat or two of reporting them to our professional regulator as well as the courts and it hasn't returned since...

Some people just a) don't care; and b) think they can get away with it. In a way, I can't really blame them for "having a go" but it does create a major nuisance and irritation for the copyright owner. :(
 
Congratulations, cyph. I'm glad it worked out. :bolian:

Now you'll just have to keep an eye on that guy....
 
Good things happen regarding theft on the internet?! THE END IS NEAR!!! :eek:

Glad to hear it worked out cyph :D
 
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