Tuesday, May 21, 2013

Etsy Seller LaMiaCasa Busted Again

Again the shop owner, LaMiaCasa, claims she made it herself, but it is copyright to Georgia Mars who told me she did NOT give permission for it's use. 
Georgia's Blog

Etsy Seller Karla Gerard also did NOT give permission for her image to be used by LaMiaCasa  and after getting the same runaround as me, the image was finally removed.

Seems like she has used Margaret Bloy Graham's illustration from the book cover Harry The Dirty Dog by Gene Zion for this pendant
on her etsy page,
 and she even states
"FRIENDS is my first doggy pendant - my apologies to everyone who thought that many cat pendants in my shop didn't play it fair versus dogs... :D "

This tile above looks like Adam Weart's Art

Gosh I love her description
This pendant is one of the most beautiful ones I've ever made :)

I have made it using vintage Scrabble tiles and fine Belgian craft paper.

It is embellished with DETAILS PAINTED BY HAND and small findings that add texture – and, one of the best things about it is how very shiny and lustrous it is, thanks to the thick layer of Planet friendly, ECO crystal high gloss sealer that it is coated with.

My work being exploited
and the description says
" Embellished with DETAILS PAINTED BY HAND and small findings to add texture."

Yea, uh huh, , right you steal my image off the net, like it's okay to just take it because it was there on google.

 notice my signature is on there,  it says cbayrak 09
So apparently the seller bought the image from a French Graphic Designer in Belgium, although she would not share who or the website. So taking it down or offering me a percentage on sales means squat if the designer is free to keep selling it elsewhere.
THe seller told me the designer wasn't being malicious, and didn't do it on purpose.

5/16/2013  10am and the new message on Etsy from the seller; 
"By the way, that particular image is freely available on the net, just like millions of others, which is where she says she's found it. She didn't know it was a painting."

How many times has this designer sold my image, and all those who bought it and profiting from it? 
Will I be getting reimbursed for each sale, will I be getting licensing fees for each use by those who purchased the image from this designer?
NO apparently NOT, but hey she didn't do it on purpose and wasn't being malicious, ahem!

Copyright attaches as soon as the original work is created, and applies to both published and unpublished works.
International Copyright Law


Leslie Hawes said...

I love this attorney's blog, and this link to her list of invalid excuses for infringement, with legal case references to boot!
'found it on google' is not an excuse!

JafaBrit's Art said...

Leslie thanks for the link.

arlee said...

what gets me about that stoopid Google excuse, is thatthey forget that google didn't put it on there--they "found" it when someone PUT IT ON THE NET!!!!!!!!!