Less than a week after pimping my ride, someone crashed a brick through the window and ripped the CD player and portfolio from inside the Lincoln. The door was unlocked, the CD player retailed for $!0, the window replacement cost me $400, I was picking shards of glass from the car for the next three years, and truth be told I was more embarrassed how much Spice Girls the thief would discover on my CD mixes than anything else. This is a relatively mild case, but theft is such a personal crime that it’s hard not to feel extreme anger and frustration over even minor infractions.
The irony is how little we all think about that individual connection. I just admitted the hardest part was getting over the theft of the music I illegally downloaded (and still had the MP3s on my hard drive back home anyway). So this is all to say no one is truly blameless, and to my topic at hand, we’ve all taken part in online art theft in particular to some degree. Maybe you downloaded something from Google to put in a PowerPoint presentation or make a fun birthday card for a family member. I’ve seen tons of Facebook and Twitter banners or avatars that certainly weren’t created by the user or credited to the artists that did. Consider this blog post your public shaming and absolution on the matter. May the almighty and merciful Lord grant you indulgence, absolution, and remission of your sins. Amen.
Seriously though, the main reason I want to write about online art theft is to show you just how poorly the odds are stacked against the creators, why it affects everyone, and how you can help. There are so many insanely frustrating and infuriating stories that I reached out to four of my artist friends who have experienced art theft so that I could get help to paint you a picture of how common this actually is and submit real experiences for your consideration.
Justin Piatt is a young up and coming artist who was flabbergasted to find someone else he did not know selling his art on various merchandise on RedBubble.com
“I feel frustrated, helpless, and taken advantage of. I was slightly flattered at first because I've never had this happen before and it almost feels like validation that my artwork is finally good enough to get stolen, but that quickly faded.
Now I just think about how any money, however little it might be, that these thieves receive from this is money that could have gone toward my rent or taking care of my wife. And it makes me mad because my struggling so much to make a career out of being a ‘starving artist’, and I'm literally having the food taken out of my mouth.”
The theme of being flattered at first is definitely a running one, but similarly most artists also know how difficult it is to sell their own stuff. People who just steal content tend to be a lot more savvy when it comes to online sales and can turn a profit quickly. I should mention that Red Bubble is actually pretty quick when it comes to taking down stolen art, but that’s where the good deeds stop. The seller is usually free to continue using their shop and whatever sales they’ve made using stolen art does not affect their remittance. Red Bubble also insists you not put these sellers on blast but rather let them handle things.
“Handling things” is where $#!t really hits the fan. There’s basically two ways to go about calling a thief out. Neither works well. The first is old west style, contacting the individual directly. Now keep in mind you’ve just found some schmuck who is openly and arrogantly selling your art, so realistically, you’re most likely in a foul mood. “Hey buttface! That’s mine! Take it down or I’ll call my lawyer!” Yeah right. Often, the seller can actually file a claim against you for harassment and now you’re the one on trial. Plus, hostility is usually met with more hostility. When you have art stolen and the chance to confront the seller directly, you have to eat a larger–than–humanly acceptable slice of humble pie and politely ask them to remove the stolen item for sale, “Please and thank you, hugs and kisses.” Barf. My personal experience is that 9 times out of 10, they’ll play nice… for the time being, but now you have to keep vigilant watch on this kleptomaniac, because they will almost certainly do it again.
Now to be fair, there are very rare instances where online art theft turns out to be a misunderstanding, or at the very least, a lovely kind of ignorance. My good friend Jamie Carroll tells this sweet story:
“Someone was printing a Dr. Teeth and the Electric Mayhem image (a licensed piece that I created for Disney and Acme Archives' Dark Ink department) and putting it on socks. I contacted the site and the person responsible. It turned out to be a couple of kids raising money for some school thing. They were just using Googled images. There's a lot of that. They took it down, I received an apology and a pair of socks.”
They also just might not respond. Why should they? There’s the likelihood the site they’re selling your stuff on doesn’t allow direct communication anyway, so now it’s on you to report theft to the web host. Man, get ready to have even more of your precious time taken from you. As mentioned, Print On Demand (POD) sites like Red Bubble have links to submit Digital Millennium Copyright Act (DMCA) Takedown Notices that don’t even question things. If someone says it’s a problem, they’re not interested in pursuing the matter further and you’re more or less done. Larger corporations however have the time and power to let sellers sell, and that’s more money for them! When I contacted Amazon about someone selling my art without my permission, they required I prove the art was mine. I sent the original link I posted the art to, a ToughPigs article showcasing the work, and this website as proof of my identity and profession as an artist. They proceeded to tell me that this was not enough to verify my claim and insisted I refill out their exceptionally long and tedious form again for re–submission. When I protested, the email chain closed and suggested I apply for Amazon Brand Registry—something that might work if the thief wasn’t selling my fan art of Kermit the Frog who is already trademarked with the Walt Disney Company and if I was willing to pay between $225–$400. Thanks, I hate it!
