The Clone Wars

This past year has had it's ups and it's downs. With the economy tanking, every creative business has been effected in one way or another and mine was no exception.

But the most disturbing trends within our industry in my opinion are two fold:

1. The continued growth of the "Creative Industrial Complex" via pre-fab design, which I touched on in an earlier post this year. I'll have more to say about this specific topic in an upcoming post on my blog.

2. The exponential growth in copyright infringement. I've had a total of "62" individual cases (That I'm aware of) where designers, marketing firms, design studios, ad agencies, stock companies, and other businesses used my artwork without paying for it or seeking permission to use it.

Unfortunately I don't see this problem going away. More and more art schools are focusing on the tools rather than the creative process that facilitates original and unique ideas. Thus they are producing the next generation of copyright infringers who ironically in many cases are the same mindless drones who facilitate the degrading of our industry by pimping their ware to industrial hacks like CrowdSpring.com.

But I digress.


Google Image Search.

Showcasing my artwork online is a double edged sword. For a creative hired gun like myself you have to promote or perish. Marketing my services is a must, but it also opens me up to being exploited by unscrupulous design hacks who have no problem googling for their creative solutions.

Most of the cases I was able to handle myself by sending out a copyright infringement letter. Some are just over zealous tattoo lovers who never bothered to ask permission but still feel obligated to email me a picture so I can share in their flattering copyright infringement. This over time has spawned a rogues gallery of what I like to call "Walking Portfolios."


The Damage
I've spent roughly "73" hours responding to the "62" individuals cases. I don't charge by the hour but if I did I figured the amount of time I've invested this year alone is roughly $8,500.

Three of the cases I had to hire a copyright lawyer to deal with them. I settled two of those amicably. The third case is currently ongoing and is represented by the video below.


Chronological list of all the 2009 infringers.

- Photobucket.com User Tribal Tattoo Face Art
- Zazzle.com User Bonehead Skull Artwork
- MySpace.com User Tribal Tattoo Face Art
- Beerorkid.com Trashing Abe Art
- Deviantart.com User Tribal Tattoo Face Art
- Motattoo.com Tribal Tattoo Face Art
- Olloo.com Tribal Tattoo Face Art
- Alaskaslist.com Polar Bear Logo Art
- Deviantart.com User Tribal Tattoo Face Art
- SideHatchEntertainment.com Tickles the Evil Clown
- Chrinodesign.com Billy Mays Artwork
- VolcanoVistaHawks.com Black Hawk Artwork
- Community.mediacorp.com.sg Tickles the Evil Clown
- Flickr.com User White Tiger Art
- Flickr.com User Tribal Bat Tattoo
- Logotypes101.com Fire Giant Art
- ShutterStock.com User / Serbia Black Hawk Artwork
- Lacrosse.schigas.com Black Hawk Artwork
- Deviantart.com User Tribal Bat Tattoo
- IMVU.com User Tribal Bat Tattoo
- 895thehawk.com Black Hawk Artwork
- Dummidumbwit.wordpress.com Billy Mays Artwork
- Unconfirmedsources.com Billy Mays Artwork
- Emptees.com Tribal Bat Tattoo
- Mundozenn.com / Brazil Tribal Tattoo Face Art
- Deviantart.com User Tribal Bat Tattoo
- LAtimes.com Billy Mays Artwork
- SeemyButton.com Billy Mays Artwork
- Consumerist.com Billy Mays Artwork
- Brownsville Early College HS Scorpion Mascot Artwork
- EveryTattoo.com Tribal Tattoo Face Art
- Tao-Of-Tattoos.com Tribal Bat Tattoo
- Twitter.com User Self Portrait Illustration
- Discrim Athletic Tees Black Hawk Artwork
- Zazzle.com User Billy Mays Artwork
- Vyzion360.com Tribal Tattoo Lion
- Flickr.com User Tribal Tattoo Face Art
- Junklist.eu Two Headed Eagle Art
- JohnHaller.com Billy Mays Artwork
- Deviantart.com User Tribal Bat Tattoo
- Deviantart.com User Tribal Bat Tattoo
- Flickr.com User Tribal Bat Tattoo
- Picsquare.com Tiger Art
- Deviantart.com User Alien Skull Art
- Flickr.com User Tribal Bat Tattoo
- Skreened.com Billy Mays Artwork
- Gun Shop, Tacoma Espy Graphic Bird
- Photobucket.com User Black Hawk Artwork
- KosherHam.com Billy Mays Artwork
- InkedMedia.com Tribal Tattoo Skull
- MindSpark.com Billy Mays Artwork
- VectorStock.com User Doodle Fish Artwork
- case-mate.com Tribal Tattoo Face Art
- designbyhumans.com Tribal Tattoo Face Art
- (US Army) wood.army.mil White Tiger Art
- Zazzle.com User Owl Artwork
- WAWK.com Black Hawk Artwork
- Classiccitysigns.com Black Hawk Artwork
- Embroiderydesigns.com Alien Skull Art
- Flickr.com User Tribal Tattoo Face Art
- Houseofgrafix.net Billy Mays Artwork
- Uthstuph.com Security Shield Logo

"Unique" and colorful tribal pattern.

I don't enjoy getting my work ripped off and it frankly pisses me off when I have to waste my time dealing with it when it happens. That said I still try not to be a jerk with the people I'm forced to confront. I tend to give them the benefit of the doubt and try to treat the situation in a reasonable manner. If the infringer responds reasonably and works with me to resolve the matter than I can avoid taking it to next level legally.

But that isn't the case with case-mate. (Pardon the pun) I gave them three months to respond to my reasonable request regarding their infringement and use of my tribal face tattoo art on one of their products to no avail.

So as this year ends a copyright infringement lawsuit begins.

Follow Up: I've settled with case-mate. It took four months of back and forth but I was able to protect my copyright.