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So there's this dickhead who saw a graphic I made to sell on one of my t-shirt sites online and thought "hey, that's a pretty cool graphic, I bet I can sell stuff with it online too!" He took the graphic, then did stuff like "splining" and spent a whole ton of hours on it to end up with a graphic that looks EXACTLY LIKE MINE. Then he did more stuff and spent more hours on it to end up with a second graphic that looks EXACTLY LIKE MINE but rainbow colored. Then he slapped it on a bunch of items from Zazzle and started trying to sell it.
According to the storefront, this is what he does: "This store represents the wild creations which flew by and I happened to reach out and catch a bit of. Hopefully I will be able to catch more as time goes by."
The tricky part is that the image is made of elements that you can't copyright. For example, I can't copyright the teardrop shape. But I can copyright or trademark a specific teardrop that is stylistically unique and recognizable. Then, if you open a store and want to sell something with a teardrop on it, you can make your own teardrop that looks different from mine but still looks like a teardrop and you're not in violation of copyright.
But this guy's version doesn't look any different from mine, except it's a different color. It is obviously, clearly, and recognizably my graphic. For the original image that is the same color, he didn't even bother to remove that grey-ish background that's actually a black t-shirt material from my own store's thumbnail before putting it on a couple dozen items like keychains and greeting cards and aprons. Seriously, if you look at his keychain, it's a round keychain with a grey-black square and my graphic in the middle, just like the close-up image of my t-shirts.
So, I sent a cease & desist letter. He responded, defending his right to use my graphics because of how much he "changed" in the picture. I reported the violation to the Zazzle complaint department, and he removed a few of the products, but not all of them, still insisting that making it rainbow colored is enough of a change to justify using my graphic.
So now I need a lawyer. I have all the correspondence, plus the original Photoshop elements of the graphic under contention, and I need to know what to do from here. Any recommendations for lawyers, or any lawyers out there willing to give legal advice?
According to the storefront, this is what he does: "This store represents the wild creations which flew by and I happened to reach out and catch a bit of. Hopefully I will be able to catch more as time goes by."
The tricky part is that the image is made of elements that you can't copyright. For example, I can't copyright the teardrop shape. But I can copyright or trademark a specific teardrop that is stylistically unique and recognizable. Then, if you open a store and want to sell something with a teardrop on it, you can make your own teardrop that looks different from mine but still looks like a teardrop and you're not in violation of copyright.
But this guy's version doesn't look any different from mine, except it's a different color. It is obviously, clearly, and recognizably my graphic. For the original image that is the same color, he didn't even bother to remove that grey-ish background that's actually a black t-shirt material from my own store's thumbnail before putting it on a couple dozen items like keychains and greeting cards and aprons. Seriously, if you look at his keychain, it's a round keychain with a grey-black square and my graphic in the middle, just like the close-up image of my t-shirts.
So, I sent a cease & desist letter. He responded, defending his right to use my graphics because of how much he "changed" in the picture. I reported the violation to the Zazzle complaint department, and he removed a few of the products, but not all of them, still insisting that making it rainbow colored is enough of a change to justify using my graphic.
So now I need a lawyer. I have all the correspondence, plus the original Photoshop elements of the graphic under contention, and I need to know what to do from here. Any recommendations for lawyers, or any lawyers out there willing to give legal advice?
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Date: 7/5/12 01:58 am (UTC)From:when you send the DMCA, heres a site that helps you with the rough ideas on what you need to have - http://www.dpreview.com/articles/1999431312/two-easy-steps-for-using-a-dmca-takedown-notice-to-battle-copyright-infringement
otherwise looking at the persons account, it looks like they steal images from the internet so use tools like tineye and google image search on some of there other works and see if there is any that have been posted on 500px, redbubble, or flicker, if there is one you might be able talk to the othere owners of the shots and get them to post and blog about it.