My Art Got Stolen, Now What?: A Guide For Artists
Aka “That little f*cker stole my art and I am not okay with it.”
The follow up to my Guide For Reporting Stolen Artwork and Get Consent, Kids
If you haven’t heard by now, I’m just someone who hates stolen artwork and those who do the thieving, literally has run out of fucks to give, and knows a thing or two about copyright law and will fight you on this.
NOTE: THIS ALSO WILL CONTAIN A FEW HELPFUL TIPS FOR ARTISTS WHO GIVE PERMISSION TO DUB!
In the weeks I’ve been reporting stolen artwork to artists, it’s really broken my heart to realize just how many of them didn’t know what rights they have when it comes to their artwork simply because it’s fanart. Like…nooo…
If you are an artist–be it of traditional/digital pictures, videos/photos, words (prose/poetry), music, or a voice actor–you have rights to your work.
For the sake of conciseness, I will only be referencing traditional/digital art throughout this post.
No one can use your artwork without your permission. Even fanart cannot be used by the company/creators of the show WITHOUT YOUR EXPLICIT CONSENT. Otherwise, it’s theft. YOU OWN THE ART. YOU MAY NOT OWN THE CHARACTERS BUT THAT PICTURE IS YOURS. YOU DECIDE WHERE IT GOES, WHO CAN USE IT, HOW, AND WHEN.
Note: selling fanart is a different monster altogether and that’s not what this is about. I’m not even gonna go there.
Wellp. This is my art and I sure didn’t put it here.
Talk to them - ask them to get permission next time, make them credit you
Flag – DMCA TIME. Don’t know what this is? I gotchu fam.
DMCA stands for Digital Millennium Copyright Act. Also known as a copyright claim. In short, if you’ve ever used something that was copyrighted and got told to take it down by the website or had it removed by the website, then you’ve been slapped by a DMCA report. Those are legal actions and should be respected and obeyed.
If you’ve ever flagged a video for having your content, reported stolen artwork on tumblr or anything else, odds are you were filing a DMCA takedown.
Personally, I would always recommend DMCA. If you wanna go route 2 that’s fine, I won’t judge you. From my point of view, however, that person didn’t have the fucking courtesy to even ASK YOU. Why should they be allowed to reap the benefits of your hard work?
Well…they might not have known…they’re just kids…
I stole a doll from a thrift store when I was 3 and my mama sent me right back inside, crying, to apologize, and give it back. From then on, I knew that taking things from the store was wrong. You’re never too young to learn right from wrong.
A DMCA might be just the thing to teach that whippersnapper not to steal artowrk. Especially if they’re already refusing to cooperate.
I don’t want to start trouble…
They stole from you. They started it.
Ok but…DMCA reports want my full name and address!
Yeah, probably. But this is a legal action…so why are you surprised?
Many people on the internet want a degree of anonymity, I understand that. The internet is a dangerous place. But DMCA take downs are legal actions. Companies need to do everything they can to ensure honesty. If there’s a dispute, they might need to contact you for further info. If things end up getting heated, someone needs to be able step up and own up to the claims–though I’ve never heard of it getting this far for stolen artwork on youtube. Otherwise, people would flag videos left and right just because they don’t like them. I mean, they already try, but DMCA is much more serious and they’re forms are intimidating enough to scare off the filthy casuals.
DMCA is one of the only weapons you have to defend your rights. Take it or leave it.
I’m not a US citizen… (or the thief isn’t)
That’s okay! Most websites where your stuff could be reposted ARE based in the USA and, therefore, are under the jurisdiction of USA copyright laws.
HOW DO I FILE A COPYRIGHT CLAIM???
For any other websites, just google the website name plus DMCA.
IF YOU ARE A DUBBER, LIKE ME, AND ONE OF YOUR DUBS GOT STOLEN, WORK WITH THE ARTIST AND THE VOICE ACTORS TO REPORT IT. ALL OF YOU CAN FILE A COPYRIGHT CLAIM ON IT. You as the editor, the artist obviously, and the voice actors since they “appear in the video without their consent” ;) you’re welcome.
If someone reposts a song cover or an amv you made, you can DMCA those as well even though you don’t hold copyright to the original material. You made the video. You have some rights to it still. …But if the original content owners say something to you, shut up and listen your ass might end up in court.
Tips for Artists Who Get Dubbed
Rule 1 in my field: ALWAYS COVER YOUR ASS!
…kay wait. I think “wrap your cables properly” is rule one. Rule 2 then. But it’s a good rule and it applies everywhere.
If someone comes to you asking to dub your work, this is what you should do:
State your answer clearly. If it’s a no, you don’t have to explain why but it might be a good idea.
State how to credit you, provide links if you want
State that they cannot monetize it. This is important.
State any place where the artwork may not be posted
Ask for links to the finished product, maybe even the username they plan on posting under.
Finally, TAKE SCREENSHOTS OF THE CONVO AND SAVE THEM. This way you can know who you gave permission to and who you did not, as well as if they violated the terms of your agreement.
By giving them consent, you are basically entering a contract together. Screenshots are your evidence of the contract just in case the original is lost. Failure to comply with your terms is a breach of this contract and you can take action against them.
In summary: YOU HAVE RIGHTS. People can be little shitheads who steal and you have the power to kick their ass legally. The law is on your side. Also, COVER YOUR ASS.
