Dear Copyright Thieves,
Just because it's on the internet doesn't mean it's free for the taking. So let's just stop pretending the internet is a free-for-all.
Don't play the card that you didn't know - that's insulting. And don't also tell me that you meant to follow up and get permission but never got a chance to. That's insulting too. And by the way, don't you have a copyright protection notice on your own site?
And don't even try and point the finger at a third party who commissioned you to make a copy of my painting - again, an insult - you and I both know the difference between a reference photo and a painting.
And don't tell me that I asked for it because I share my artwork on the internet. I share my paintings and ideas and the stories behind them so as to encourage others to pursue their own passions. I do not share so that those lacking integrity and morals can copy and market the images as their own.
Don't waste your breath and tell me that imitation is a form of flattery. And don't try to flatter me further by saying you meant no harm. I know what you meant to do - you blatantly copied a copyrighted image and presented it as your own in an attempt to line your pockets in some way. And you thought you would get away with it.
So you've already gotten an individualized cease and desist note from my lawyer.
And now along with that mess, there's a couple other things you should start preparing for:
- Your entire website will be deleted from your host. They don't smile upon infringers.
- The infringing images are all being dumped from your online storefronts. Again, their terms of service agreements state they don't tolerate copyright violations, and a simple Google search showed me all the places where you were marketing your unauthorized copies of my paintings, selling prints of my pirated art, and using my stolen imagery to advertise your own product.
- And the infringing artwork will be removed from that juried exhibition - I called the exhibition space and spoke with the director personally. I imagine you'll be hearing from her too, because that award has been rescinded.
- I went ahead and emailed the professional affiliations listed on your website and alerted them to the fact that you have misrepresented your artwork. You'll most likely be hearing from them, too.
- I also took the liberty of letting the art guilds and spaces you teach at know that your recent workshops were based exclusively on artwork stolen from my website. I sent them all sorts of supplemental information, too, including an overlay of your recent demo paintings which are tracings of work I created years ago.
I suppose these are minor inconveniences, really. Because tomorrow you most likely will just look elsewhere for someone else's work to flagrantly misappropriate.
However, keep in mind that various artists groups and online communities watch each other's backs. The internet has made our world smaller, and it's just a matter of time before you are discovered and exposed. As a matter of fact, that's how I found you - another watchdog sent me a note with a couple of links.
Oh yeah, I almost forgot - just to err on the side of caution, I alerted several groups to your piracy, and shared saved images of your website inside their archives. So who knows - you might be getting personal introductions in the coming days to some other artists you cared enough about to "flatter" !!
Dear, dear copyright infringers, because you don't know how to create - you just know how to copy - you won't ever understand the thrill of pursuing your own ideas. How sad is that? And while you might call yourself artists, you're really just playing make believe.
I'm watching you now. As is a growing army of angry artists you've also taken advantage of.
We've heard the pathetic excuses too many times. We're not buying them anymore.
Proudly signed by an artist who prides herself on working hard and making an honest living,
Kimberly Kelly Santini
Dear Fellow Artists,
You have my complete and total permission to share this open letter in any format you choose.
Feel free to substitute your name or add any necessary bullet points.
Post it and links where ever you deem appropriate.
Don't be shy to announce to copyright thieves that you won't take it anymore.
United we stand!
En Garde!
Kim
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Awesome letter! I am getting so sick of so much stuff on Etsy that are just people trying to profit on other peoples' ideas, such as movie posters, Twilight or Star Wars stuff, and so on. I guess it is just harder to try to sell more unique but unfamous original ideas and imagery. It is so much worse to steal the work of a non-famous working artist who makes a modest living. We need every penny we can earn! Thanks for posting this.
ReplyDeleteMartha, thank you for your support!! I hope you are never in my shoes!! And really appreciate your understanding, again - Kim
DeleteWell said! I have shared :)
ReplyDeleteThank you, Paula! Thank you!!
Deleteoh well said!
ReplyDeleteI had someone steal all my images and text from 2 of my blog posts - it took several 'cease and desist' emails - finally Typepad dealt with it and the posts and images were deleted - but it took me hours to prove it all - word for word and image by image - before they would deal with it.... and that was just blog posts! It is so tiring and frustrating having to deal with this - but you are absolutely right to stand up against it - and thank you for sharing this in such detail ...
and - great site!
Alyson, I'm so sorry to hear about your blog posts being plagarized - and glad that you were able to get Typepad to deal with it properly. It is frustrating when we have to deal with these types of situations and acted in no way to bring it upon us other than to try and lead or inspire others. Thanks for commenting!
Deletewell done Kimberly, great letter.
ReplyDeleteGreat "letter", blog post. You have spoken to many with this subjeect! Thanks Kim......Rock on!!
ReplyDeleteKathi
Kathi, thank you for your support. It is really appreciated!
DeleteWow! Kim, you really hit it out of the ballpark this time! You hit every point with perfect aplomb. I can't think of a thing to add to your great letter and thank you for allowing us all to share it. I certainly will!
ReplyDeleteWe won't ever give up defending our art!
Karen, Amen!!!
DeleteI think copying other people's photos is just as bad, unless they are specifically said to be useable for reference and then the artist should at least put their own interpretation into the picture.
ReplyDeleteThe problem with legal action of any kind is the cost. For so many, it is simply out of the question.
Hope you have at least some success with your battle.
Jason, I hope that artists who's rights have been violated will find recourse and points of action other than costly legalities inside my letter. And there's more then likely points I've missed, too. With the internet comes the power to spread information (as long as we aren't mudslinging or acting defamatorily). And with various services TOC contracts, we have the opportunity to shut down websites that include stolen intellectual property as well - not just paintings, but photographs and text and any other property that is copyright protected.
DeleteThanks for your well wishes.
very good :)
ReplyDeleteI am totally bewildered how people can be happy or feel good about themselves knowing they are frauds, cheats and thieves - I mean it is sad, as you said, they will never know the thrill of creating something special. I guess they replace it with the thrill of thinking they got away with something? Sick.
Keep up the good work.
BTW, your paintings are quite lovely, thanks for sharing them.
Justine, thank you so very, very much
DeleteKimberly - I thoroughly enjoyed your letter on copyright infringement. Vigilance is always part of the scene. Your works are amazing. Thank you.
ReplyDeleteGwenlyn, thank you for your support.
DeleteCongrats on your well-written piece and full court press! Just can't believe someone would have the huevos to jury into shows and teach workshops based on appropriated works. Stealing and selling is bad enough. Sure you don't want to "out" them further? Naw, sounds as if you will have shamed them enough.
ReplyDeleteHorseshooter, naming the thieves does nothing but put a face to a crime - a crime that is perpetuated daily by an untold number. I am more interested in arming other creatives to do battle when and if they are stolen from. Besides, I believe an artist should earn attention with their works and their words - THEIR works and THEIR words, not those stolen from others.
DeleteThanks so much for your support!
Great Letter Kim! I have your back! ;-)
ReplyDeleteThanks, Pat - I've got yours, too!!
DeleteNow that it is safe to come back into the water:
ReplyDeleteAll I thought when I read it was "holy shit, she has a pair for sure.
I can't believe someone actually would do that..
You go, girlfriend! I love it when people get their dander up like this! You've stated your case clearly and you've pursued this person in so many ways, she WILL learn a lesson! Hopefully it sticks!!! Well said, and well done!!
ReplyDeleteUnfortunately, Lynda, she was back up and running 48 hours later with different (and very inconsistent) work. And this was after being taken down for having pirated versions of six different artists' work on her site. Some people just don't get it, and I'm ashamed for the art group that's hosting her site. I am hoping to hear some of their logic in the coming day, but so far no luck.
DeleteGood for you Kimberly! I've followed your work for two years and it is shameful that someone should have been ripping you off in any way whatsoever, let alone systematically reaping teaching fees and jury awards that should rightfully be yours. Thank you for continuing to share your processes, your thoughts, and your work despite the perils.
ReplyDeleteLinda S
thanks so much, Linda, for supporting my efforts! :)
DeletePretty wotk on squashing this thief. I'm glad I went to Facebook today.
ReplyDeleteMy jaw dropped when I read someone had been copying you to that extent.
ReplyDeleteI see many "styles" and imagery copied, but figure when a teacher gives a workshop of a particular method it is par for the course, but to find this level of deliberate copying has stunned me. I am proud of you for taking a proactive role in protecting your art. If you need another pair of watchdog eyes - count me in!
Julie, thank you!! we can all use help in watching each other's backs!!
DeleteYour letter was so informative. I hate to say i was so naive in my little bubble but i was. now that I blog and add my art it has me thinking of my long term plans. Thanks Kim for the eye opener.
ReplyDeleteJust too trusting!
Rebekah, you are so welcome! I'll be posting today about "Flushing Copyright Thieves" - glad you are finding this info useful! Happy creating!
DeleteYou go, girl! Great letter - I've worried about my art - I guess we all do, but we've gotta show it for instruction or for sale for just for appreciative eyes to view. Thanks for writing this - I'm passing it on, too - I'm keeping watch, too, not only on my own, but on all of yours, too - we can all help each other. I actually saw a close "reference" of someone's work on another site, and can't remember for the life of me whose it was - but, it was too close to be a reference! Thanks so much for putting this all out there!
ReplyDeleteVickie, thanks for being part of the watchdog club! We have to look out for each other, that's for certain. Happy creating!
Delete