Friday, February 9, 2007

Arghh.

i caaaaannooooooot believe this. ARGHhhhHHHhhhhhh. and this isn't on sg papers as you can tell by the number, it's miami. %(@!)*&#%

won't tolerate this. going to see what i can do.

for the moment i gotta get well first. *goes back to bed and puts ice pack on forehead*

*edit*
okay, so it's not miami but florida. the person who sent me the photo told me it's a miami paper, i apologize for the confusion.

it seems like if i decide to pursue this and sue the person/company that put up this ad up, it will cost me more than i can get back. does anyone have an idea if there's really nothing i can do? (i mean, of course, other than contacting the papers and asking them to take it down)

by the way thanks to those who're concerned and have commented, i just came back from my rifle monthly shoot and desperately need some rest. i have a couple prints of someone from my rolleicord though. will update later :)

33 comments :

arisu said...

sue them -.- and i wanna get good of my stomach

DSim said...

sue them is what i would do! hate ppl like that

Ginseng said...

I hope justice serves them right

Terra said...

Sue them.

Shoot them.

Burn them.

Hell, castrate them!


Nobody has the right to steal another artist's work!

aprigliano said...

If you can, find a good copyright lawyer to go after them. Also, depending on the agreement with the girl in the shot, she may be able to go after them as well for likeness rights.

Good luck.

Anonymous said...

I remember a similar incident with someone's deviantart being used for a book cover in some European country, I think.

Also, that isn't Miami. That is two counties up in Palm Beach, maybe West Palm Beach which is 2 hours away. Not that it matters...

Rolando said...

Make sure that is who actually stole your work. Most likely the advertiser submitted the completed ad to be published in the paper. Newspapers take copyright stuff very seriously, so it is doubtful they stole it. Also, whoever it was, that number is a palm beach county-ish area code.

Anonymous said...

I saw your story on digg.com. sucks when companies do crap like this. I hope you get some kind of payment or something at some point. I think your art is great. Keep up the good work.

-mr804

Anonymous said...

rather than sueing right away, i'd suggest first finding out who made that ad and sending them an invoice.

A Concerned Fan said...

The following information might interest you:
-----
Harrison Hernandez
Harrison Design
3939 NE 5th Ave C102
Boca Raton, Florida 33431
(561) 502-9110
highlighthairstudio@yahoo.com
sobe2005@adelphia.net
Harrish99@adelphia.net
-----
Don't let the scum above stop you Zhang Jingna. ;)

Anonymous said...

Contact a lawyer who practices copyright law and go from there.

As I understand this, you placed the original image on Deviant Art? This isn't the first time someone's work on there has been lifted. I would reconsider posting there and look into selling your photography to a stock house such as Corbis, Getty Images or Veer.

Dave A said...

Don't bother suing. As satisfying as it would be, you'll spend way more time and money on it than you could ever hope to get back from some small sketchy company like that.

I've seen elsewhere that industry standard is that if someone uses your work without paying for it first, you just invoice them for 3x the regular rate.

Tell them they can either pay up ASAP or else settle in court. Whether you follow through with the second item depends on how pissed you really are, and if you're really willing to go through all the effort.

Han said...

I think you should contact the magazine to tell them. But the ads not their fault, although they might be party to it they didn't know. its the company whose advertising so call the number on the ad and speak to their advertising department.

Anonymous said...

Area code 561 is not Miami. It is West Palm Beach. Two counties up.

dustkt said...

you have every right to press charges for copyright infringement.

especially since this person not only used your work but they made it appear as though it was there's by using it in an ad for "sexy websites" which one would presume is their design.

so yes, i agree with everyone else on dA and here, sue them.

Jon said...

dude..that is weak of them to do.

i hope you get royalties for it. personally, i would sue.

let me know how this pans out for you.

-jonny

d0c said...

Wouldn't it be great if there was a website that acted as a directory of stolen work and identified the stealer. This would create a low cost way to provide a screening mechanism for ad buyers and publishers.

Now if only I didn't have a newborn taking up all my free time... :)

C.L. Jahn said...

You should absolutely sue. The image is clearly the same one. And any costs you incur THEY have to reimburse you. A good copyright lawyer may pick it up with no cost to you.
That said, submitting an invoice for triple rate may be quicker in the long run.

Anonymous said...

You DO know that I know for a fact that the picture is hers, B/C she is the model AND the owner of it, I seen that same pic a while ago when she took it, so why now is it here in fl? I do not understand why you would claim a picture that zemotion owns and is the model in, and now your here telling others that it is yours? Go please sue her, then she can prove it's hers by the dat and copyright, american or not!

harmonie said...

ok =) lol I just realized like a dumbass that this is YOUR website =) sorry, but if i could talk to that guy, that's what i would say ;) lol

sorasky said...

i can't believe this... i really hope you sue them! using your photograph is simply SHAMELESS!

that's why sometimes, i don't like the western culture... they think their world revolves around them, thinking that they have hold of everything!

Anonymous said...

contact the paper! get that taken down if you can!

Anonymous said...

this is rediculous.
i wouldnt sue simply for the gain, but just for the sake of not being a pushover as an artist. let them know that they cant simply google an image and put it in the paper.

Ian said...

That sucks!

I'm sure there is some international law that can sort out this issue, I'll have a look. Being a resident of the UK and USA, I'm often concerned about problems like this.

Good luck, I hope you sort this out and get justice.

Ian (aka "eeron" on dA)

MistiK said...

Do whatever it takes to teach those suckers a lesson. Take care.

Rheoballistic said...

sorry to hear about this.
So you cant do anything even if your image copyright?

D. Brown said...

Good to know that people stay connected even across seas. I'm also impressed that the story held water for so long.

I don't know what I'd do in a situation like this so I won't offer any advice on my own. Anyhow, I work at a law school and if you want I can ask one of the international law professors about it.

Anonymous said...

I wouldn't sue them. Especially because you've stolen this photo from another artist. Why would you sue someone for the same crime you've committed in claiming this photo to be your own?

You lying bastard.

j said...

Are you kidding me? The link you just gave is from MY account. Justify how I just stole the image from myself. Thank you.

katana86 said...

as already mentioned: i'd send the ad creators an invoice and ask the publishing newspaper to take this ad down linking to your website or so.

for your further work: you really should consider placing big watermarks like you have on this shot everywhere now. as sad as it is, a small "zemotion.net" in the corner is not enough nowadays. it can easily be cut out of the picture.

good luck with that matter. love your works.

Smirnof said...

The way i figure it if you can't do anything about it let us all know and we can call mister harrison about his ad the paper... im sure theres thousands of pissed off people on the internet who would like a direction to vent... then when he gets tired of it and changes his phone number and loses business because his clients cannot reach him at his old number anymore you can call it good. just a thought. i would try to get your money from him first...

r.A. said...

you got to be kidding! what jerks! it would be awesome to sue, but if you do make sure you its included that they pay court cost. the legal fees will be high too, so you might actually lose on this one

Anonymous said...

the heck?
it's not right- take action.
you shouldn't just watch them take your beautiful picture and stick it into some crappy newspaper/magazine advertisement. it seriously isn't right. take action!