PSA: Galactic-Maniac (DA)

Posted 6 years, 6 months ago by wrabbit

PSA about character theft, etc.

Recently this artist created a journal saying they would take back adopts they felt "weren't getting used enough"

galactic_maniac1_by_thewrabbithole-dbnn4


Without notifying the owners or refunding them, she just started using them as if they were her own in a comic. A friend of mine who had a custom adopt created was affected by this, and only found out because the artist uploaded a drawing of the character, so he asked her about it: (read bottom to top)


galactic_maniac2_by_thewrabbithole-dbnn4


After this, he was sent a refund in points for what he paid, and then promptly blocked.

As of now, we haven't heard back from her, and she's deleted anything to do with the character in question. (http://toyhou.se/831754.daniel-oneil)

If you've adopted from this artist, please watch out and check to see if she has stolen your character. I don't recommend purchasing from them in the future, as this might happen again.

kroevolkture

ok imma hop in here, hi! i subscribe to you bc your art is hella fab my dude. so anYWAYS if it wasnt in their TOS before the sale, they cant do this legally. ya cant change your TOS to fuck over customers after a sale, because they had no chance to agree to the new TOS. unless stated otherwise, copyright and IP rights transfer via purchase, and unless the character was LEGALLY filed (press x to doubt amirite) she cant throw that word around to scare people. if she spent the money to copyright it, and then sold it, THEN forced the refund? maybe she'd have a case. but since she totally hasnt done that she cant threaten your friend and others with that. no copyright registration = no lawsuit, so she cant sue. 

basically what shes done is bordering illegal and if your friend wants to, they can file a DMCA takedown, which forces deviantart to remove the image immediately. like. literally. it forces them to do it. its basically a cease and desist for the interwebs and if its ignored, the gateway for a lawsuit is opened. so obviously since DV doesnt wanna be sued over hosting someone elses shit, they'll take it down pretty quick. id recommend filing one, and it looks to me like DV has their own DMCA system that can be filed through the site itself, so it shouldnt be terribly difficult. 

recently i delved into the world of copyright whatever so while im not a lawyer, i have read statements BY copyright and IP right lawyers and thats where most of this info is coming from. DV should side with your friend on this one. i like to use a house analogy to explain stuff since it really shows how outlandish the infringer is behaving. its like if galactic build and sold your friend a summer house, and then found out they werent living in it as frequently as they would have liked. this makes em mad, and so they force refund your friend for the house and start living in it, and then say "shoulda read my new TOS" when that TOS was not included in the contract your friend signed when they bought the house.

ya cant do that shit. its wrong, probably illegal, and certainly immoral. so thats my contribution, my recommendation is filing a DMCA takedown notice and see where that goes. best of luck, and i hope this ends in your friends victory!


wrabbit

kroevolkture

first of all thank you so much!! im glad you like my works ;w;

secondly, yeah there was no such clause in the TOS when posted (which... the original post where G-M sold Compy the custom has since been deleted)
I'll let compy know about the steps he can take then, thanks for the advice!

kroevolkture

you are very very welcome! glad i could help! im very passionate about this kind of stuff and it really bothers me when artists of all people dont see the wrongs in their actions. i imagine galactic would be devastated if someone did this with one of her characters, so i dont understand why in hell she'd think its okay to do it to someone else's. 

hope it all works out! update me if it gets taken down, im in the mood for some justice òwó