Thursday, June 30, 2016

Not Really Me



I suppose I’m not a legitimate intellectual
Because I don’t use an intellectual’s words.

I suppose I’m not an authentic scholar
Because I don’t possess a scholar’s degree.

I suppose I’m not a proper scientist
Because I don’t think a scientist’s thoughts.

I suppose I’m not a valid original
Because I don’t exhibit an original’s flair

I suppose I’m not an actual creative
Because I don’t act a creative’s part.

I suppose I’m not a real writer
Because I don’t make a writer’s wage.

I suppose I’m not a bona fide artist
Because I don’t wear an artist’s look.

I suppose I’m not a genuine poet
Because I don’t live a poet’s life.

I suppose I’m actually nothing
Because I don’t stick to just one thing.

I suppose I’m not really me
Because I don’t truly exist as me.

I suppose that sounds kind of stupid,
doesn’t it?

Wrote a Poem Today

I wrote a poem today. It's just a personal tirade against some of my detractors, nothing I would submit to publications, but it's still a newly written piece of verse. Considering how little poetry I've written as of late, considering how little inspiration I've had to write poetry lately, even the slightest stirring from my poetry muse is an exciting thing. It tells me I still have a poet's soul, somewhere deep inside of me. The poet in me isn't quite dead yet!

Wednesday, June 29, 2016

Finished Reading The World Guide to Gnomes, Fairies, Elves, and Other Little People

The other day, I finally finished my quest to read Thomas Keightley’s 500+ page tome The World Guide to Gnomes, Fairies, Elves, and Other Little People cover to cover. A copy of the 1978 Avenel edition has been sitting on my bookshelf for some time now, but until recently, I’ve only ever read bits and pieces of it. It was time I read the whole thing. It took me long enough. I found it informative, though I was already familiar with many of the stories. It’s interesting to see the same motifs pop up again, and again, and again. 

A Hellish Fray

Ebon banners darken the day.
The earth quakes ‘neath their marching feet
When demons fight a hellish fray.

Upon a field of churned-up clay
Mailed knights and armoured devils meet.
Ebon banners darken the day.

Brave men stop a moment to pray
Then plod through muck and hell-born heat
When demons fight a hellish fray.

Lines advance as trumpeters play
And drummers pound a savage beat.
Ebon banners darken the day.

Many an honest soul fall prey
To fell beasts and wicked deceit
When demons fight a hellish fray.

Black swords hew and spiked scourges flay
As light’s bright host faces defeat.
Ebon banners darken the day
When demons fight a hellish fray.

Copyright © Richard H. Fay

Monday, June 27, 2016

Zazzle Sale: Up to 40% Off Home & Pets Department!

Over at Zazzle:
15% Off Sitewide  |  Up to 40% Off Home & Pets Department! 
Use Code: ZSUMMERHOMES
Shop Now
Ends Thursday    

View more gifts at Zazzle.

Sunday, June 26, 2016

On Second Thought, I'm Done Wasting My Time...

Upon reflection, I've decided that I'm done trying to get my original non-derivative dark artwork "Legion" back into the marketplace over at Society6. Regarding my attempts to reach a satisfactory resolution to my work being inadvertently removed from the marketplace, I feel as if I've been running around in circles. To be quite honest, I don't want to waste more time than I've already wasted going around, and around, and around, and getting nowhere. I've got better things to do, like create more art and add more items to my other shops. Of course, I seriously doubt that I will be adding more art to Society6.

Anyway, "Legion" is still up in my Redbubble portfolio, where it is available on items like T shirts, cases, prints, throw pillows, tote bags, and stickers.

Horrorku "porcelain face"

porcelain face
painted eyes flash red
china doll possessed

Copyright © Richard H. Fay

Redbubble 2-Day Sale: 20% off Everything

Over at Redbubble: 20% off everything. Seriously. Every. Single. Thing. Focus on the finer things.
Use code CREEPY20. Expires on June 27, 2016 at 11:59pm PT.
My Richard Fay Redbubble Shop

Saturday, June 25, 2016

Latest Regarding "Legion" Over at Society6

I am about ready to cancel my Society6 account and say to heck with them. I'm starting to think what little I make selling things through Society6 (all of $31.15 since I joined S6 June of last year) is NOT, I repeat, NOT worth the aggravation!

It's been ten days since my latest message from Society6 regarding the removal of my original non-derivative dark artwork "Legion" from the Society6 marketplace, a removal that was apprently made inadvertently, so I figured I would check and see if the image was indeed reactivated and made available again. After all, the last message I received from the S6 Legal team said, and I quote:
We've reviewed the image and realized that it was inadvertantly removed from the site. We have since reactivated the image and it should be available again shortly.

Apparently, no such luck. Furthermore, if I go to the "Edit Your Post" page and try to re-publish the image, this is the message I get (in red):
We are not able to accept your Content submission, as it appears to contain distinctive words that may belong to another rights holder. If you believe you have received this message in error, please contact Member Support.
Well, I'm going to have my attorney contact Society6. As far as I'm concerned, this is ridiculous!

BTW, here is my full title, description, and key words for my original non-derivative dark artwork "Legion", which was originally published as filler artwork in the Autumn 2013 issue of Star*Line:
Legion

Sinister silhouettes with glaring yellow eyes sprout from the tattered cloak of a diabolical red-eyed entity in this original dark illustration by Richard H. Fay. This work first appeared, sans background, as black and white filler art in the Autumn 2013 issue of STAR*LINE, Volume 36, Issue 4.

Demon, devil, diabolic entity, sinister silhouettes, horror creature, monster , legion

Friday, June 24, 2016

A Mermaid's Greeting

Glad greetings and salutations
Sent o'er fair lands and wide oceans
To wish your future travels be
Upon safe road and calm blue sea.
May pearly songs enchant your day,
Granting luck wherever you stay.
Sweet voices sail o'er waves and hills
Quelling all storms and bitter ills.

© Richard H. Fay

Wednesday, June 22, 2016

Oakmen

Shadows
beneath oak boughs
gather near fallen trees
to wreak bitter vengeance upon
axe men.

Copyright © Richard H. Fay

Tuesday, June 21, 2016

Death in the Forest

Lost soul
wanders the wood
trying to find his way,
feels the touch of the murdering
willow.

(Originally published in The Monsters Next Door, Issue 3, July 2008.)

Copyright © 2008 Richard H. Fay

Wednesday, June 15, 2016

VINDICATION! (Hopefully)

Message received a little while ago from the Society6 Legal Team:

S6 Legal Team, June 15, 2:19pm
Hi Richard,

Thank you for sending the counter NOCI over.

We've reviewed the image and realized that it was inadvertantly removed from the site. We have since reactivated the image and it should be available again shortly.

Again, thank you very much for your understanding and cooperation in the matter.

Sincerely,
S6 Legal Team
That's what I've been saying all along! Sometimes it takes a signed legal document to get through to some people, especially lawyers (says the guy who's married to one ).

Moral of the story: stick to your guns (figuratively speaking) and protect your intellectual property rights. If you are a creator who believes your work was removed from a site by mistake, do something about it.

Of course, I can't help but to wonder - is this truly the end of the legal wrangling over my original non-derivative dark artwork "Legion", or is this just the beginning? Whatever the future may bring, I will restate here and now, I have a good faith belief that my original non-derivative dark artwork "Legion" was wrongly removed from the Society6 marketplace. I am the creator and copyright owner of the image, an image that was originally published (as a black and white interior illustration) in the Autumn 2013 issue of Star*Line, the official newsletter of the Science Fiction Poetry Association. I am credited for the piece in the table of contents right on the SFPA web page for that issue:
http://www.sfpoetry.com/sl/issues/starline36.4.html

As for anything beyond the image itself infringing upon another's intellectual property rights, I cannot see how my title of "Legion, a rather general word, might truly infringe upon another's intellectual property rights. As a matter of fact, when I recently performed a search for "legion" art prints over on Society6, the search results displayed several diverse works by various artists with that very same title. I saved a screenshot of the first page of search results, just in case.

"Polypod at Home" Sci-Fi Illustration

“Polypod at Home”
Originally published in the on-line version of Abandoned Towers, June 2009.
Copyright © 2009 Richard H. Fay

Response Received from S6 Legal Team, Counter Notice Sent...

Yesterday, I received a response from the Society6 Legal Team to the message I sent regarding the direct request they received for the removal of my original non-derivative artwork "Legion". This is what they said:

S6 Legal Team, June 14, 2:27pm
Hi Richard,

Society6 received a notification from the exclusive licensee of Legion, and that license give this third party the exclusive right to sell merchandise bearing the name, image, or likeness of Legion.

Please understand that you are not the only artist subject to this review process, and we are not stating that your work does or does not infringe copyright or any other intellectual property right.

We take into account a variety of factors before taking action to suspend an image, including the presence of trademarks and other protected elements in the title and description of the work. We also attempt to evaluate potential defenses, including the fair use doctrine. Fair use is an inherently subjective and fact-intensive analysis, and reasonable minds can differ over its application.

Also, even original renderings of protected images can infringe third-party intellectual property rights. Though your illustration, painting or photograph 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. If you believe you have permission from the owner, please provide us with the owner’s written confirmation.

We sincerely value your contribution to Society6 and certainly regret any inconvenience or confusion this may have caused.

Please bear in mind we are unable to provide legal advice as to whether or not simply changing the title of the work or description makes the image in question eligible to be reactivated on the site.

Thank you for you understanding.

Sincerely,
S6 Legal Team
After reading through the message from the S6 Legal Team and finding their explanation (such as it is) unsatisfactory, I consulted my attorney, who agreed to compose a counter notice. A signed and scanned copy of the notice was then sent to the Society6 Designated Agent as listed on their "Terms of Service" page. Here is the gist of the notice (I've removed the link and my personal info):



COUNTER-NOTICE
1.      My Content/Product titled Legion was available on Society6, formerly located at (link removed), until its removal on June 10, 2016.

2.      I am the copyright holder of Legion. 

3.      I swear under the penalty of perjury that it is my good faith belief that the Legion was removed and/or disabled as a result of mistake or misidentification of Content/Product to be removed and/or disabled.

4.      I consent to the jurisdiction of the United States District Court for the judicial district in which my address is located.

5.      I will accept service of process from the person who provided the Notice of Claimed Infringement to Society6 or such person’s agent.



_______________________
Richard Fay
(address removed)
(phone number removed)
(e-mail address removed)
A copy of the notice was also attached to a message added to the support ticket thread.

This all seems ridiculous to me. No one but myself should have the exclusive license to my original non-derivative artwork "Legion". It seems to be a stretch to say that my use of the title "Legion" (a rather general word) for an original non-derivative dark artwork, or anything in my description of that work, is infringing upon the rights held by another. It will be interesting to see what sort of response, if any, I receive from the S6 Legal Team. Right now, I'm at a loss as to figuring out why "Legion" was removed in the first place! Society6 has given me so little information regarding the "whys" and "wherefores" that it's truly a guessing game.

BTW, over on Society6, I just performed a search of artworks entitled "Legion". The results contained several works of various images with that title.

Saturday, June 11, 2016

Life is the Life

Roused from decades of sepulchral slumber
By savage cannonades and rifle fire,
Departing the dark comfort of my tomb,
I roam a mad world ripped apart by war.

Venturing forth like a smoky blue veil
Wafting across this cratered countryside,
Searching for the base essence of being,
I am drawn to fields of lingering death.

Drifting amidst battle-broken bodies,
Ignoring agonizing cries of pain,
Invisible to dimming mortal eyes,
I harvest embers of vitality.

Finding a suitably ravaged vessel,
Sensing sustenance within battered flesh,
I drain lifeblood to feed this hungry soul;
A dying youth becomes my golden cup.

Energies flow from spirit to spirit,
Fuelling my ethereal existence.
Leaving behind the soldier’s empty husk,
I retreat into deepening shadows
Revitalized.

(Originally published in The Monsters Next Door, Contest Issue 4.5, November 15, 2008. Poetry Winner, The Monsters Next Door “Through My Eyes” Writing Contest. )

Copyright © 2008 Richard H. Fay

A Brighter Side?

Looking on the bright side of the “Legion”/S6 mess (see my previous post "Apparently, Someone is Claiming the Rights to MY Artwork 'Legion'") - though one critic once called my art amateuristic, it’s apparently good enough to be stolen!

Versatile

How's this for versatility? Looking back at some of my past publications, I've realized that I've had works appear in both a "magazine focused on publishing extremely dark, sexually charged fiction and poetry" ("Cosmic Grind" in Infernal Ink Magazine, Vol. 1, Issue 2) AND an anthology of "spiritually infused speculative fiction" ("Morning Stars Sing in the Speculative Realm", "Cosmic Journey", "Ethereal Journey", and "Book of Dimensions" in While the Morning Stars Sing). One publication is published by a member of the Church of Satan, while the other was published by a part-time Christian preacher!

Of course, my published works are not necessarily reflective of my own personal beliefs. Call me a hack if you will, but I can write and draw for my audience. Not that I always create with a specific audience in mind; I've been known to write and draw for myself and my muse. I might follow  wherever my muse leads, whether it be toward the light or into darkness.

Additionally, I've had works published in BOTH publications that are definitely adult in nature (like Infernal Ink Magazine) AND publications for younger readers (like Beyond Centauri). Although I've had some poems published in venues for younger readers (e.g. my poem "The Brownie" in FrostFire Worlds, Issue 1, and my scifaiku "silver dragon" in Beyond Centauri, Issue 36), my artworks in particular seem especially appropriate for use by such publications (several of my artworks have been used as door art on issues of Spaceports & Spidersilk and on the covers of issues of Kids'Magination). And yet, some of my darker artworks have appeared in publications positively meant for adult readers!

Yep, that's versatility, alright!

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

Deactivated my DeviantART Account

Today, I deactivated my DeviantART account. With artworks and designs up on Redbbuble and Society6, with items featuring my artworks and designs available through Zazzle and CafePress, and with little interaction and no sales (of prints) over at DA, I saw no reason to keep my DA account active. I figure it’s best to concentrate on the sites with more interactions, and more sales.

Thursday, June 9, 2016

Artwork Accepted...

Looks like my fun sci-fi piece “Scootering with the Wind Riders” will be used as door art for the July issue of Spaceports & Spidersilk. And I’m not the only one who thinks it’s a fun piece; the editor’s response to the artwork was “this is fun!”

This won’t be the first work of mine to be used as door art for Spaceports & Spidersilk. I’ve lost track of how many of my works have adorned various issues of that particular publication. Let’s see if I can make a list:
Crossing the Ertrixian Snowfields”, December 2011.
“Kamal Del and the Dark Elemental”, September 2012.
“Peg Powler”, July 2013.
“They Come in Peace”, January 2014.
“Under the Ice on Enceladus”, July 2014.
“Telling Tales”, April 2015.
“Monster in the Ruin”, October 2015.

Some of those issues (July 2013, January 2014, July 2014, April 2015, and October 2015) can be ordered through the Nomadic Delirium Press site:
http://nomadicdeliriumpress.com/spaceports.htm

Saturday, June 4, 2016

Scifaiku ("silver dragon")



silver dragon
steam-driven gears turn
metal maw smokes

(Originally published in
Beyond Centauri, Issue 36, April 2012.)
Copyright © 2012 Richard H. Fay