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  DMCA Take Down Notices... anyone ever tried?  
Hi. I am currently a bit irate at a russian site for using one of my images for their site. It appears to be supported by advertising catering to the Russian D&D type crowd.

Anyone out there ever had success/failure with DMCA (Digital Millenium Copyright Act) take-down notices?

I am not really put out by this copyright violation-- just that I get quite annoyed by living in Central Asia and the Baltics and seeing all the rip-offs committed by mostly Russian sources.

I can send a notice to their ISP, which is what I am planning on doing next.

in case you are wondering, here is the site-- my painting, Birth from Ymir, is tenth on the page (lotsa work is being ripped off, apparently)

As a professional (well, used to be a full-time illustrator/designer) this kind of thing needs to be addressed or else, as I understand it, I lose the copyright if I don´t fight for it.

I haven´t had to deal with copyright problems in over ten years- not really up-to-date on current international law.
 From: theironboard     12/25/2009 03:00 PM     
Not familiar with dmca, but unless it´s based in international treaty, Russia ain´t gonna enforce it.

You´re right about the rip offs - even some of the artists are ripping off - the work right below yours is a blatant rip off of a popular Frazetta piece!

Nice painting btw! I´m a big fan of both fantasy art and Nordic mythos.
  by: Jenkie     12/25/2009 04:18 PM     
I can get my wife who speaks fluent Russian to send really mean emails to the ISP and post comments on the site that would offend them.
  by: theironboard     12/25/2009 04:22 PM     
  I don´t know that  
such a course would be advisable... Slavic techies are an ornery bunch. You run the risk of getting hack-attacked.
  by: Jenkie     12/25/2009 06:12 PM     
  h@kr3z attkz!  
Maybe I can convince all my hacker friends here on Shortnews to bomb it with a denial of service attack?
  by: theironboard     12/25/2009 09:15 PM     
I wish I had the know-how to do something.

I have seen a few of my poems floating around the last 5 years and the one that pisses me off the most was first seen by the public in my high school newspaper in 1988. I also won several local awards and I have no idea how it got online in the first place. I wouldn´t really care if they weren´t trying to claim it as their own.

I love fantasy art and other than deviant art there was this other site I used to visit quite a bit until I saw them allowing the work of Royo to be used by one of the ´artists.´

If I find something I would really love to share with oters I always ask permission and give total credit to the artist. I also give the link if available, the way to contact the artist if they would like to use that image or any other one.

Because of so many rip-offs happening I haven´t let my daughter show anything she has done right now because I know she would be crushed if someone ´borrowed´ it and claimed they had done it.
  by: TaraB     12/26/2009 08:27 AM     
DMCA is a usa thing. If you did file a DMCA notice he would have to choose to come here to get charged. What you need to do is find their copyright laws and use those against them.

Even then it looks like they altered the info on the pic so it will be difficult regardless.
  by: splicer   12/26/2009 09:09 AM     
The piece is just totally taken and not even altered- that´s my copyright notice on the painting. It´s already been in some publications and has been on my website for a long time.

My wife speaks fluent Russian, as well as many many friends of mine that I work with- so I can send some legal sounding crap at the ISP and see what happens.
  by: theironboard     12/26/2009 08:47 PM     
  Russia Vs. Everybody Else  
Looks like you might be right-- they´d have to step onto US soil to get busted.

from Wikipedia

he arrest of Russian programmer Dmitry Sklyarov in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law´s use to prevent or penalize development of anti-DRM measures.[18] While working for ElcomSoft in Russia, he developed The Advanced eBook Processor, a software application allowing users to strip usage restriction information from restricted e-books, an activity legal in both Russia and the United States.[19] Paradoxically, under the DMCA, it is not legal in the United States to provide such a tool. Sklyarov was arrested in the United States after presenting a speech at DEF CON and subsequently spent nearly a month in jail.[20]

On the other hand, I am close to Russia. In fact, I was in Moscow about 1.5 months ago. Ok, it was just in the airport, and I was being detained by Customs for not having a visa (long story), but I was there.
  by: theironboard     12/26/2009 08:54 PM     
  Yes Their,  
at least you can say you were in Moscow already. I was aready in many countries but somehow Russia was omitted.
  by: vizhatlan     12/27/2009 10:46 AM     
That is F´ing crazy that they just took it whole and not even giving a shit! I would be so furious if it was my work or one of my oldest daughters art. Are they also creating characters off of your work, or just using it for some visual to their storyline?

I think it is bullshit and I hope they correct the problem, though it sounds like they have no reason to and are too happy doing this to others.
  by: TaraB     12/27/2009 12:31 PM     
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