October 14, 2009

It is NEVER OK to steal someone's art and sell it as your own

Owl friends & a bird
{"Owl friends and a bird with an orange hat" Yes. this is my art. Please don’t steal it and claim it as your own original illustration to sell. thank you.}

Well then. There’s nothing like someone stealing your art, claiming it as their own and then selling it in their Etsy shop to consume an afternoon and snap you back to blogging.

Look, let me say that this kind of "knocking off of my work" has happened to me before and I’ve come so close to blogging about it. But then I realized that I would just be venting, and as you may or may not know I don’t usually vent on my blog ~ however I do speak up from time to time. {Thank you to Sean, my mom, and my close personal friends who are a patient ear on the days I need to vent} 

And look again, I get the whole "flattering" aspect to people copying work. I mean they wouldn’t copy it and try to sell it if it wasn’t already selling.  But this time it’s different. And personally I’m over this idea that "oh that’s flattering" is the way to take this kind of, in my opinion unthinkable behavior. 

This time is also different because someone didn’t just use my work in their blog banner, or Etsy banner or copy my exact painting composition and characters in their own style. This time someone stole my exact art along with at least 10 other artist’s as their own. And this created an opportunity not to vent but to SPEAK OUT, on twitter and now here on my blog.

Let’s just say I’ve been passionate about injustice for a long time. Some family members say I was born with this innate sense of right and wrong. Others have said I should’ve become an attorney. And others still have wanted to fire me for it. But alas, I did not get fired, and I did not become an attorney. I became an artist, and the intensely fair side of me has never gone dormant. In fact it has only become stronger, especially in the face of the creative world of which I am a member. Let’s just say without opening up a whole other can of worms ~ that the unfair way in which artists are often treated is INSANE. And that is not an exaggeration. It is INSANE.  Having also been in business in many different fields in this life, I’d be hard pressed to find other careers where people are this taken advantage of.

Before I ever entertained the thought of becoming a selling artist, I had a friend who built an entire business from her art in the 1990’s, a time when she didn’t nearly have the opportunities we now have. From just one creation she took to the Atlanta Mart, she grew her business to over a million dollars in sales and supported 40 employees. Then one day, Target and Crate and Barrell decided to knock her designs off. She didn’t have the legal strength to fight them. Starbucks also returned a huge order of hers because she didn’t have the where with all to have a contract signed by them that stated an their understanding that "all of her products were handmade and might vary slightly". No, my friend just trusted people. And that was it, her business came to an end. A gracious end as she slowly sold everything off and paid off all the debt accrued due to these situations. She then sold the remainder of her business to another artist who took over what was left of her brand.

This friend was one of the people who inspired the early seeds of my own " life as an artist". I looked up to her and admired all her passion for building a creative dream. This unfair ending of her business made an early impression on me as well.  I still cannot believe that she had no re-course for her creations and ideas that were stolen. 

And sometimes in the case of little guy vs. big guy in the corporate world there is no re-course. But now that’s all changing too. Thanks to the internet not only have our business opportunities grown but our opportunity to have a powerful voice has as well.

Another early mentor once told me that it is inevitable ~ people will copy you and when they do it is just up to stay ahead of them and keep making something new.

Somewhere in between these scenarios ~ all of us who are creative, all of us who share our creativity into the wide world {which also due to the internet exposes our creations to far more people than was once possible} we have to decide which road to take. Ignore it or fight it.

Today was a day to fight it. Today, enough was enough. Today several voices of one could reach far and wide through this immense but ultimately small community of online artists. I say this in my e-course again and again, but times are changing for all of us. No longer do just a few powerful people have all the say on this planet. Each one of us has a voice. And while it is still up to us to use that voice wisely and responsibility with grace and kindness ~ when it’s time to speak up, we CAN make a difference.

The best part of today ~ someone in the community had my back and alerted me to this, the shout of support from my fellow creative peeps or tweets I should say :) the realization that yes I DO finally have a voice in this world and that combined with the voice of many kindred creative spirits we are indeed a very BIG VOICE. 

And last but not least due to this experience I was introduced to several wonderfully talented artists {my comrades, whose art was also stolen}. Not an ideal way to meet each other, but I’m so happy to learn about them and their work. Corrabelle, Julia Denos,  Cathy Peng, Abigail Halpin

Enough is enough artists. If we want change, all we have to do is create it.

Comments (72)

You are right to fight as hard as you can against this kind of CRAP. I am dumbfounded. You think a little watermark is going to somehow keep everything nice and protected. What a joke. I am so SO sorry this happened to you Marisa. And reading the story about your friend was even more sobering. And now in the digital age it's even easier to rip someone off. The problem with the fish bowl is the sharks...
Dear Marisa, i am sooo sorry you had to deal with this. It's one thing to be inspired by other's works but totally off the hook and line to create other's works into their own original piece. Some peepz really don't give any tots to ethics and values ...do they?

Your story of your dear friend got me teary...i hope she is doing well and she didn't totally give up on her creativity.

It feels really good to know that we have such a supportive community! Wishing you a good merry happy day (tho i know it might not be that merry) and love to you..lots of it!
I found your blog via a RT by Uncle Beefy. Oh my word, what a mess! Two snaps up and a twist for taking this thief down, but I did see the other shop where drawings are still being sold. Grr. I think any indication of suspicion is the fact that all the drawings have such totally different styles! I'd hate for artists to feel the need to watermark everything they post, especially since I like to feature a lot of artists from Etsy on my own blog, and a clean image always displays well, but I guess that's one proactive deterrent for online art thieves.
And it says "sold" too. I wonder how mad the buyer was when they don't really have the actual product to deliver.
Turns out watermarks make no difference in this case, as this person successfully removed it from one of the artists images. All the art has been removed from one shop now, one to go...
I couldn't resist-I had to convo the "seller". The auto reply says "I've decided to close my shop permanently". For shame!
The audacity. The gall!
I don't blame you for being upset one bit.

Argh!

xo p
I find it utterly bizarre than anyone would do this. I had a much more minor incident recently where a girl had taken one of my photos, added a horrible texture to it and then uploaded it to her Flickr stream without linking to me, as if it were her photo. Why do people think it is okay to steal others work? why don't they just taken that 'inspiration' and be inspired to create their *own* work?

urgh.

so glad you got it sorted out, love xox
Congratulations on taking a stand over this one, Marisa. Absolutely the right thing to do. The world is (a little bit) cleaner today because of you.
If somehow this person reads this, I would like her to know......You are no artist. You are a THIEF!! Plain and simple. So sorry that you are going through this, but once again, I believe the reason is so that you will use your strength in communication to get the word out to maybe prevent it from happening or at least alert everyone to be aware. Your post reminded me of Horton Hears a Who. "A person's a person, not matter how small." But when all the Who's joined together, wow did they make a big noise....."WE ARE HERE!!"
good for you marissa for talking about this here...that is truly unbelievable to me! you did the right thing!!! warmly, s
I'm so sorry this happened to you, Marisa!

Your story about your friend was so sad too, and I hope she has found a new creative venture that gives her joy.

The online world is so vast that there is no way we can effectively police it ourselves and so we are ever thankful of those who identify our art work and bring us the unpleasant news that that our work has been ripped off.

You really did turn what happened to you into something constructive and empowering with your writing. Like you say "If we want change, all we have to do is create it."
So sorry that this happened to you Marisa. Unfortunately it happens and more often then we know about. I speak from personal experience. At least the shops were closed down quickly.
yikes. that's pretty nervy. I just don't get how people can convince themselves that's ok! And I find the idea that they should consider themselves 'artists' pretty ridiculous--delusional! Who are they kidding? Oy.
I have no words. I am so sorry that this has happened to you and that you had to spend your time and energy fighting someone who stole your wonderful work and work of others.
Congratullations for your strenght to speak up and fight that situation! You are 100% right. Artists unite against burglers!
Dear Marisa,
I just discover the same story and no it's not flattering! I'm sorry to hear this and I do know very well how you feel.... Stay strong! Londi
I'm so outraged. What kills me is that your work is SO unique and so easy to identify from 200 paces! I mean - what balls people have. I'm so sorry. I admire you very much and hope that this is just a fleeting bad thing in your art career.

xo

Lydia
Thank you for so eloquently addressing the problem! This whole thing has been really miserable for me to deal with in my Etsy shop, but knowing the artistic community is so close and looking out for all of us definitely made it all a little bit better. I think it restored some of my faith in humanity :-)
This happened to me so many times that I truly understand you here Marisa. And I'm super sorry you had to encounter this, this is so frustrating and horrible.

Those people should buy themselves a conscience..
WOW....my friend sperlygirl sent me your post today....first off sorry this happened to you, second off i think you are handling it gracefully and at the same time with strength. I am glad it was caught, we do need to all look out for each other.
sincerely kt
No way! that's nuts. people are crazy. Good job, friend.

xo
I don't understand that seller. Why, if you have the talent to paint these things, do you go about stealing other people's work and not make your own designs?

And how does it feel to be considered "vintage?" I guess that was her way of alluding to the fact that her paintings were copied. Her copies are "vintage inspired." What's the age range on something being considered vintage, anyway?
Wow - this is the third time this week I saw a posting on someone's blog about this very issue. And the blogs are different than the ones you mention above. The guilty parties were very blatant about calling their work 'original' when it was so obviously a copy. Good for you and I am glad you did some ranting here on your blog. It makes me realize how I need to pay close attention when I am cruising the web so other thieves can be stopped too.
Absolutely appalling. I'm sorry it happened to you, and so glad the person was found out. So frustrating to think this has to be something we have to consider and deal with - not to mention your friend's awful experience. Urrgh. Heart-breaking.

Thank you for speaking out about it, Marisa.
I'm glad you spoke up. I don't understand why people do this. There is so much creative energy within us. Tap into your creativity and making your own art. Stealing someone else's art is just someone disrespecting their own self and having little faith in themselves.
Truly horrible, sobering, sad and infuriating ...

as impossible as it is to believe people do this knowingly (and they do ... we have a whole generation coming through that thinks nothing of lifting things from the web ... i work in academia and had to quit teaching an online course because i spent more time shifting through the web to find out how many times students just cut and pasted papers together, claiming they didn't know it that is plagiarism?!) I cannot understand this mindset, but I do feel sorry for these people. Yep, sorry because they are going through life believing the only way they can do anything is by taking from someone else. This is not to say I believe we should shrug our shoulders and say they are just pathetic; but it is one way of seeing the karmic repercussions of this action: they do not know or believe in themselves, hence they lie, cheat and steal and each act corrodes their spirit a bit more.

Bravo to you and others for standing up against this and speaking out. We may never feel the satisfaction of them expressing their guilt, but they live in it every day.
OMG Marisa! This is an outrage! Unfortunately I have been hearing a lot of cases like this lately, just blatant ripping off of artists. Luckily I heard about them because the artists chose to speak out and do something, like you are doing here, and that is great! Nip that stealing right in the bud!

Disheartening, I know, but you handled it well. Chin up!
I am very proud of you for speaking up for all us artists. We have to unite when injustices like this happen and confront the "burglar(s)" What happened to your friend that built her business that than had to sell? where is she now? Her story really moved me.
That is so awful, so sorry it happened to you. It is great that someone caught it and it is being dealt with. Hope it all gets sorted out fairly quickly.
This is crazy. The audacity and the cheek of this person. Isn't it amazing that people out in cyberworld had your back? I do hope that your friend's experience didn't break her creative spirit.
I am so sick of how people can rationalize doing almost anything in the name of getting ahead, or getting in the game period. This is the exact same thing as walking up to your house, tearing a piece off of it, going down the street, and setting up a stand to sell it. I bet they'd think twice about doing that! I think ethics need to become mandatory in every school, because clearly these people don't understand the word.
Stay strong Marisa, and always always stand up when this happens and shout it from the rooftops. Sometimes people don't have the courage or the energy to fight, and I think that the people who steal know this and are hoping for it, so that they can get away with profiting from theft.
We all need to stay vigilant, support eachother, and have zero tolerance for stolen art.
Excellent last comment! Way to appeal to the artists.

I followed this on Twitter so I wondered where it would do. Thank-you for posting the offending party too. I know it gives them some play, but they also need to be outed and not protected.

I hope today is a bit calmer for you.
I can't believe someone actually goes through the trouble of repainting other people's paintings. If she is that good a painter, why not invent something of her own instead?
This is unfortunately the back side of being an "online artist". It is too easy for people to just "right-click/save picture as..." and then do whatever they want with it. Real artist just have to stay ahead, keep inventing and keep flying higher than the rest.
WoW! This kind of thing gets me really bunged up! I am sorry you had to go through this. It is such a violation. Thank you for speaking up and bring this to our attention. I am glad that someone was keeping an eye open for you.

I am sad that Etsy has not closed down those shops. I had many of my photos stolen a couple of years ago that someone started their own flickr site with. I notified flickr and that site with my stolen pictures was shut down immediately. I think Etsy needs to support the REAL artists that are making their business thrive.
unbelievably LAME. oh marisa, i'm proud of you for speaking up...and proud of our community for calling her out on it...love the honor system. love SATYA (truth).

it makes me wonder what is going on in that woman's life that she would take all that time and creative energy and pour into figuring out how to steal someone else's art? she needs to channel that energy into something positive!
I'm absolutely speechless. It's not even that they were inspired by you - they outright stole your work. The nerve that some people have is unbelievable. Thank you for not only standing up for yourself, but the rest of of us and the artists they stole from as well. Way to go. I'm also sorry to hear about your friends business. Corporate giants, grr - shame on them too. ~ Lori
It is a good thing you spoke up my friend. It happened to me as well with Swirly. So shocking, every time.
Marisa - I'm so sorry this happened to you and your work. It is so important that you spoke up to remind artists to protect their work and to remind others to not steal that work. Hopefully you have helped stopped someone from doing this again.
i'm so sorry you had to go through this, Marisa. It's just so wrong! i have an unfortunate color colleague who rips off others work All the time, and it drives me nuts. i like to think that disingenuous people will get theirs in the end, but in the meanwhile, it's hard to see them ride other's coat-tails.
Crazy, just crazy and SO blatant! Sorry you had to deal with this, but it's good to know what is happening "out there" and to be mindful. And more importantly, to look after each other:)
So glad you spoke up - be strong...
I'm so sorry, and I'm glad that you spoke up. I was browing Etsy one day and one of my pieces of work was blatantly copied as well. Like they did a screenshot, and sold it as their own art print.

The amount of times my work has been copied, is unfortunately too high.

Inspiration is one thing, I can't deny that I haven't been inspired by some amazing artists - but to blantantly copy someone is not only wrong, but illegal.

I'm sorry that it happened to you, and just keep doing what you do best, and that is your lovely art.
Copying and stealing artwork, especially for their own profit boils my blood! Marisa, Thank you for demonstrating your strength and courage by standing up to this and speaking your mind to expose this situation publicly. You definitely have your community's support!
You have every right to feel angry. I'm just so glad this incident was brought to light and the offender was taken down. It's obvious they don't have any scruples (or talent, for that matter,) and exist just to scam off others who do.

A few months ago, I saw one of Jessica Jones' prints pretty much ripped off in style and color palette on pillows at Inhabit Living... I don't know Jessica, but have followed her blog howaboutorange for a long time and so I sent her a "head's up" email. She was mortified as you can imagine! I asked her if they'd licensed it and in her email response, she said no, they hadn't. I hope she was able to resolve that matter. A few years ago, a textile designer friend of mine had one of her prints copied by Target. She had to go into legal proceedings with them. Fortunately she's still in business. It's so sad to hear about your friend whose company was damaged by those 'big players.'

It's important to do everything we can as artists and designers to protect our work with trademarks, copyrights and contracts! Once we put our work out into the public to sell, we become businesspeople. I confess, I'm much more right-brained than left, and would rather not have to deal with this side of being creative, but will always remember and heed my wise CPA father's words, "put it in writing and get it in writing."
I admire your willingness to share about it. I think we've probably all had this experience at one time or another.

I've never gone for the flattery thing either-to me all something like this says is someone was too lazy or cowardly to create something of their own. It has never been okay and never will be.

In the past it's made me fearful of putting anything out there at all. Knowing that there are like minded people around and that we can do this for each other is a great comfort. Let's inspire and support and protect each other's uniqueness and enterprises. We've worked too hard not to.
girl, that is just crazy! why do people do this?
i'm sorry that it happened to you - and some other creative ladies i know.
it's just not fair - and honestly - it's a shame.
~peace~
that is completely crazy. good for you for speaking out and defending your art.
hi everyone! thanks for all your thoughts! I realized I left you with the sad part of my friend's story. Sorry about that. For all of you who are concerned about her, the timing of the end of her business worked out fine as she became a mother to twins and then another little boy shortly afterwards. I have since lost touch with her but knowing her, her creative spirit was and never will be crushed. I'm convinced she'll be back with something even better than before.
That's the thing really. This does happen. Sadly. While we need to stick up for it we also need to never let it take our creative spirit and the ability to keep on keeping on.
So horrible...these stories seem to keep happening left and right. I am so sorry for you and the other artists...thankful Etsy has helped to resolve the issue. There needs to be some control over the shops and items I suppose. I am glad you have spoken out and educated us all a bit!
So sad that people are wasting the time and energy they could put to fixing problems or to developing their own creative expression to this kind of insane behavior. Just really sad and equally maddening. Congratulations for taking action here and know that your voice is being heard !
I gasped! I could not believe this! How could this person think he/she'd never be caught when you're selling YOUR art on Etsy! So frustrating! Ahhhh!

I am really glad you did something about it!
This is so truly sad. I am so sorry you had this happen to you Marisa. Thanks for addressing it here.
Wow - such blatant theft astounds me. Do people really think that artists won't take action to protect their copyrighted work from infringement? I know it's not a fun thing to focus on, but fighting back could help to change the false perception that artists are easy prey.
I'm so sorry this happened to you and to any artist. And I'm horrified that it can happen to any of us at any time! Thanks for sharing your story. Unfortunately, it won't change the mind of someone who intentionally steals. EEK!
Clearly, artists need to be vigilant about protecting, encouraging, holding accountable, standing firm.

I'm sad Marisa that you had to deal with this but am happy you did.

There is so much inspiration and so many unique voices all around us and it's right for us to step away from all the visual inspiration and take the time, on our own, to find our own unique voice.
Wow Marisa, I'm so sorry this happened to you. I'm glad that you spoke up and that these impostors are being shut down. So infuriating!

This happened to me once as well, and it was even someone I knew who did it! My former business partner, who stole my work, claimed it as his own and still TO THIS DAY has it up on two online portfolios. One is a project we won an award for in Print Magazine - yet he still claims it it his.

I realize that this is very different from SELLING someone else's work online, but it still made me feel really insecure about putting my work out there again.
One thing I have to trust, is that no one can see inside my head and steal all the ideas that live in there.

No matter what, it still is totally insane when someone rips you off like that. I'm really sorry and hope your day gets better.

Julia
This makes me sick!
Here is a site you can use to see if any of your images are being used on the internet. It's pretty interesting and a great resource to check once in awhile. Simply upload your image and let it scan the internet for possible matches. Please let us know how it all turns out Marisa. I hear these stories all the time, but never know how things end. Karin

www.tineye.com
This subject of copying is such an ugly part of the creative business. I'm sorry you were a direct hit of this. You've handled the issue with strength and grace.
It just amazes me the lack of integrity of these blatant thieves. Especially in such a close-knit community of artists.
On the bright side, it's comforting to know there are fellow artists on the lookout to catch the bandits!
Thank you for the courage to share your experience with us.
OMG. That's all I have to say.
Marisa, I was so sad to read this and angry too. You would think that other artists would have the utmost respect for the sanctity of others work because they create too but alas! Such blatant, outright stealing of someones own work shouldn't slide. You and the others did a powerful thing by speaking up. Did you report the seller's shop to Etsy admin?
Thanks for sharing... I have also have experience with this..not only stealing my work via copying--but actually stealing it off the walls.
Yes, first time, seemed exciting. Second- abother...third and everytime thereafter: a crime.

aaargh!
C.Olivos
www.Olivosartstudio.com
(aka: claudiaOlivos via etsy)
So sorry you had to deal with this today Marisa, but I'm thrilled to see your voice was heard. Perfect timing too as I was just reading about another art thief on this site (though it was posted months ago):

<a href="http://www.book-by-its-cover.com/fineart/a-sad-story-must-read">http://www.book-by-its-cover.com/fineart/a-sad-story-must-read</a>

What I find most interesting is that in both cases the thieves are trained artists. They both obviously have the technical skills, but for whatever reason (scared? lazy? really really dull people?) they don't put the effort into creating new ideas or a style of their own.

With your thief, she has an entire shop devoted to painting "originals" that are just replicas. Why would you want a career as a photocopier?

Good for you for speaking out. We need more voices & more sites like this one defending artists:

<a href="http://youthoughtwewouldntnotice.com/blog3/">http://youthoughtwewouldntnotice.com/blog3/</a>

Kris
I am so crushed knowing this happened to you. And I know from my experience and other artists this is not a rare thing I am sorry to say....stealing anything is disrespectful and amoral, but stealing someone's art is a greater violation in some ways, they have exploited your thoughts and emotions....I am so so so sorry my dear you had this happen...
I couldn't even believe that the link was real...your work right there being claimed as her own! CRAZY! It sounds like all of you handled the situation very well. I am so glad that someone "had your back", this proves the strength of this community of creative souls!
I am so sorry that this happened to you! Your post is so well written, hardly a rant, and I am sure it speaks for all the truly creative artists out there with unsurpassed integrity. Good luck to you...I came over from Betz White's blog. Abbie
Here, here Marisa! I had a similar problem recently- somebody was sending out her CV with my work attached to it. Luckily a friend of mine received the CV and alerted me to the situation- she even left my logo on some of the artwork!! I was totally gutted and like you I decided to speak up about it on my blog.

I'm so sorry you had to go through it all again- it is such a horrible situation to be faced with.

x Em
Marisa,
Some may call 'copying' another persons work flattering, but in actual fact, it's plagiarism - and illegal. The 'powerful people' get lawyered up, sue and cite copyright, etc. I decided against a career in art precisely for some of the reasons you mentioned (amongst others), but seeing your work makes me itch to start drawing and painting again. And that is one of the biggest compliments I can make. If I do get round to it, I will try to upload some of my stuff.
Absolutely adore your work and wish you and your friends all the best.
this is CRaZy!!! and yet I see it all the time! good for you for calling this out...

i have talked about this alot on my blog too..

i adore your work - you are so very unique and creative! i'm enjoying your blog very much! (i work with oopsy dasiy too..)

thanks for sharing!
shell :)
Unbelieveable. Do these people really think they could have sustained that etsy shop without anyone noticing!?
Hi Marisa, I'm sooooo sorry to hear that this happened to you. You are right to stand up and fight against it. Copying is wrong!! Sorry to hear about your friend too. How awful!! Hope she was able to move on and start anew.
I am just stunned that she did that. WOW!
I can't agree with you more. It's good to see that the internet is a way to show off your work and sell it but also good to know that once you develop a brand that those who copy your designs WILL BE FOUND OUT. It takes alot of hard work to come up with original designs and there is nothing more annyoing if someone else just takes it and sells it as their own. I would have no hesitation to take legal action to prevent it should it ever happen to me. I am actually surprised people who do this think they will get away with it.