Someone Selling My Artwork Online

[MadArtist]

I'm in Delaware... I had a picture I drew on DeviantArt.com and it was watermarked. I found it on payposter.com they didn't even remove my deviantart username from their complete url. I emailed them several times saying i did not give permission. They said they did not need it and thanks for the sales. I used the "Wayback Machine" website and could see exactly how many years it was up for sale on their site. A friend of mine was sued for $480,000 for selling a CD on an online auction site with the company's artwork. This company stated they are overseas and that US copyright laws don't apply to them. I am furious about this. I want to knows if there is anything i can do legally. I make a living off my art, not so people can rip it off and sell it complete with MY watermark.

 

[quincy]

I'm in Delaware... I had a picture I drew on DeviantArt.com and it was watermarked. I found it on payposter.com they didn't even remove my deviantart username from their complete url. I emailed them several times saying i did not give permission. They said they did not need it and thanks for the sales. I used the "Wayback Machine" website and could see exactly how many years it was up for sale on their site. A friend of mine was sued for $480,000 for selling a CD on an online auction site with the company's artwork. This company stated they are overseas and that US copyright laws don't apply to them. I am furious about this. I want to knows if there is anything i can do legally. I make a living off my art, not so people can rip it off and sell it complete with MY watermark.

You can make use of the Digital Millennium Copyright Act's takedown notice procedures to remove infringing material from its locations online.

See http://www.copyright.gov for more information on how to serve the notice on the sites that are hosting your works.

It is often difficult to stop overseas infringement, however, unless you are willing and able to travel to the host country and sue for infringement under that country's copyright laws.

You should have all of your original and creative works registered with the US Copyright Office. Registration is necessary prior to suing for infringement of your copyrighted works.

 

[Zigner]

The site in question even tells you how to send the DMCA notice: http://payposter.com/dmca

 

[quincy]

The site in question even tells you how to send the DMCA notice: http://payposter.com/dmca

Nice! ....

 

[FlyingRon]

DMCA will get it knocked off the site. Whether it's worth it to you to sue the infringer is something you'll have to decide. Note, to have access to federal court, you must register the work (now is not too late, but you lost the chance of certain statutory royalties).

I know it sucks. I have stuff lifted from internet sites and moved around. I've filed DMCA takedowns. I've even been abused by the chillingeffects asshats.

 

[quincy]

DMCA will get it knocked off the site. Whether it's worth it to you to sue the infringer is something you'll have to decide. Note, to have access to federal court, you must register the work (now is not too late, but you lost the chance of certain statutory royalties).

I know it sucks. I have stuff lifted from internet sites and moved around. I've filed DMCA takedowns. I've even been abused by the chillingeffects asshats.

Everyone who publishes works online makes these works vulnerable to infringement.

For me, the takedown notices in recent years have been effective in getting my written works, published without my authorization, removed from their online locations. I have never had any notices challenged and I have been content to have the works removed, never seeking compensation. I have never felt pushed to sue. It has always been a weighing of costs versus benefits and the benefits of suing have never been great enough.

It definitely sucks, though.