DMCA Claimed

[Takitsu]

What is the name of your state?
Ohio

Recently received a DMCA claim about some digital artwork that I have used for over a year. The person that made the claim against me was the person that gave me the artwork in the first place. From my perspective this seemed similar to a consent type of thing, since I did not purchase the artwork, and it was given as a gift for myself to use. My question is, is this a false claim against me? I have proof/evidence that I was not using copyrighted artwork and that they were a gift to me from the person holding the copyright on it. I have had the art for over a year, with them knowing that I am using it, yet they waited until just last week to make a DMCA claim them.
Just want to know if having evidence of them saying it is a gift to me and giving me permission to use it, still gives them the right to DMCA me.

 

[Zigner]

Why did you delete your prior thread? You received answers in your other thread and the members who posted are not likely to waste the time reposting only to have it deleted.

 

[quincy]

What is the name of your state?
Ohio

Recently received a DMCA claim about some digital artwork that I have used for over a year. The person that made the claim against me was the person that gave me the artwork in the first place. From my perspective this seemed similar to a consent type of thing, since I did not purchase the artwork, and it was given as a gift for myself to use. My question is, is this a false claim against me? I have proof/evidence that I was not using copyrighted artwork and that they were a gift to me from the person holding the copyright on it. I have had the art for over a year, with them knowing that I am using it, yet they waited until just last week to make a DMCA claim them.
Just want to know if having evidence of them saying it is a gift to me and giving me permission to use it, still gives them the right to DMCA me.

I agree with Zigner. I answered your question once. I hope you read what I previously wrote.

To summarize my earlier response, though:

A gift or purchase of a copyright-protected work does not transfer any RIGHTS in the work. The copyrights remain with the author/artist who created the work.

When a copyrighted work is infringed online, filing a DMCA takedown notice is the easiest and fastest way for a copyright holder to get infringed material removed.

The fact that the infringed material is removed does not prevent the copyright holder from later suing the infringer for statutory or actual damages.

 

[quincy]

I agree with Zigner. I answered your question once. I hope you read what I previously wrote.

To summarize my earlier very lengthy response, though:

A gift or purchase of a copyright-protected work does not transfer any RIGHTS in the work. The copyrights remain with the author/artist who created the work.

When a copyrighted work is infringed online, filing a DMCA takedown notice is the easiest and fastest way for a copyright holder to get infringed material removed.

The fact that the infringed material is removed does not prevent the copyright holder from later suing the infringer for statutory or actual damages.

Ahh. I see now that your thread was not deleted. You just reposted your question here under a different username.

Here is your original thread created under the username Ashantai:
https://forum.freeadvice.com/threads/gift-donation-received-to-be-only-dmca-1-2-year-later.653413/

 

[Takitsu]

I apologize for the double post, however i do not have access to the username Ashantai. I felt that my case was a little more detailed, and i didnt feel like my problem was answered in that post, hence this one. Not to dismiss your good will with these responses but it doesnt really seem like you read this.

 

[quincy]

I read both of your threads. Interestingly, username Ashantai returned to read this thread shortly after you as Takitsu created it.

Edit to add: I received your private message, Takitsu. I am not seeing how I failed to answer your questions.

The artist who gave you the artwork did not transfer any of the exclusive copyrights in the artwork to you with the gift. The artist retained those rights.

I don't know what it was about your use of this artwork online that led to the artist feeling the need to file a DMCA notice. If you have proof that you were given permission to use this artwork in the way that you were, you could contact the artist directly with this proof.

I hesitate to suggest you file a DMCA counternotice if you do not have a license to use the work.

Good luck.