Friday, June 10, 2016

Apparently, Someone is Claiming the Rights to MY Artwork "Legion"

Message received this afternoon from the Society6 legal team:

S6 Legal Team, June 10, 1:49pm
Dear Richard Fay:

We regret to inform you that your design at https://society6.com/richardfay/legion-bcm is no longer eligible for commercial participation within the Society6 marketplace, as we've received a direct request for removal from the rights holder of the subject matter.

While Society6 is here to serve our artists and create a platform of opportunity, we must maintain a zero tolerance policy for infringement of another's intellectual property rights.

Please understand that you are not the only artist subject to this outcome and even original renderings of protected images can infringe third-party intellectual property rights. Though your design may be creative, and not merely duplicative of someone else's work, if the underlying subject matter is protected, you may not be able to sell merchandise reflecting that subject matter without the owner's permission.

We are not definitively stating your work does, or does not, infringe any third party's intellectual property rights, only that it has been contested by a verified rights holder and we are not at liberty to rebut.

Further, we are not suspending your entire account and it is still in good standing with Society6, only the image referenced above, and we encourage you to research the relevant copyright laws and other laws pertaining to intellectual property (some links provided below) in relation to your work.

General:
http://en.wikipedia.org/wiki/Copyright
http://en.wikipedia.org/wiki/Intellectual_property
http://en.wikipedia.org/wiki/Personality_rights

United States:
http://www.copyright.gov/

DMCA:
http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

We ask that you review the Society6's Terms of Service with respect to our Content, Copyright & Intellectual Property Rights Policies to ensure that you are in compliance. Ultimately we are unable to provide legal counsel or personal opinions regarding intellectual property or copyright related matters, and suggest you consult your own legal counsel if the information above does not offer any additional clarity.

And finally, we apologize for any inconvenience this causes as we understand the time and energy it takes to create. We truly appreciate your understanding and support of our position.
My reply via the link provided above the body of the e-mail message:

Be advised that you have been given misleading information concerning the artwork entitled "Legion". I am the creator and copyright holder of the original artwork. The artwork has been previously published in Star*Line, Volume 36, Issue 4, Autumn 2013, and credited to me (http://www.sfpoetry.com/sl/issues/sta...e36.4.html). I expect my products bearing this artwork to be restored immediately.
I WILL defend the rights to my own works. I DO NOT take kindly to someone else claiming the rights to my works.

The work-in-question:

"Legion"
Originally published in Star*Line, Volume 36, Issue 4, Autumn 2013, October 2013.
Artwork Copyright © 2013 Richard H. Fay

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