PDA

View Full Version : URGENT!!! Copryright Infringement



Ideas Unlimited
05-07-2004, 03:31 PM
I would just like to advise everybody to be on their guard as Iíve just been informed by http://forums.splutterfish.com that a person by the name of Kumar Purohit has purchased my Aston Martin model from Turbosuid and has been trying to pass the model off as his, it was only by a member of their forums recognising my work that he realised that there had been a copyright violation. I would therefore respectfully request that we all keep our eyes open and pass on any suspicious postings. Many thanks for you time.

By the way as I have his name and E-mail address and possible place of work does anybody know if I can do anything about this,

Thanks again

Tony (Ideas Unlimited)
:mad:

Carm3D
05-07-2004, 03:51 PM
Man that's low, I'm sorry. I'd contact TurboSquid and tell them that you are the true author.

Ideas Unlimited
05-07-2004, 04:06 PM
He wasnít trying to sell it via Turbosquid, as far as I know, but passing it off as his elsewhere, somebody just happened to notice it from Turbosquid and yes its very low and by all accounts it wasnít just my work he was after!!

retinajoy
05-07-2004, 04:19 PM
Just checked it. Hope you don't mind me putting the link here. Just to help people know what to look for. Is Kumar Purohit using his own textures?

http://www.turbosquid.com/FullPreview/Index.cfm/ID/188322/Action/FullPreview

Nice model too.

Ideas Unlimited
05-07-2004, 04:30 PM
Thanks for the comment on the model, I really donít know how far its gone with regards to the sale or use of pictures of the Aston but Iíve just read all the forum uploads from him on the above Slutterfish site and it looks like he has done this to various other people, he goes by the name of ĎAnimator Xí if anybody is interested in seeing if he has mention any of their work.

kmscottmoore
05-07-2004, 04:47 PM
Unfortunately, in a situation like this there are a lot of "what ifs."

First question is, did you actually register the copyright? Assuming that copyright law in the UK is similar to the US, technically an artist is protected the moment he creates a work, but legally there is a difference in the amount of damages the courts will allow if the work was officially registered. In the US you have 6 months from the date of completion to register. If you don't register in this time, and there is a lawsuit, the amount you can collect is greatly reduced.

Second, where is this Kumar?
Pursuing a copyright case across international boundaries is, while technically possible, is generally unfeasible. Megacorporations with deep pockets rarely have the time, energy or resources to track down infringers in foreign countries. Even with seriously big bucks involved, it's often not worth the time and expense. (How many illegal copies of Microsoft Office are made in China every year?)

Realistically, the best you can probably hope for is that this person will comply with a "cease and desist" letter. I would also warn anybody that you've sold your work to, to look out for imposters. Places like Turbosquid have a vested interest in making sure that their contributors don't get cheated. If you warn as many similar companies as you can, you may be able to stop the spread of this incident.

I hate to be a downer, but your chances of actually collecting damages are not real high. As much as it sucks, the cost of legally pursuing cases like this often out weigh the benefits of winning.

wp_capozzi
05-07-2004, 06:43 PM
Hello,

It's my understanding that the service provider hosting the site containing the models can be held responsible for allowing someone to sell or give away unauthorized copyrighted models on their servers.

Some of my models have been similarly pirated in the past and a solution that seemed to work out was to contact the web hosting service provider with specific proof, and then they removed the content, but only gave the 'pirate' a warning. That doesn't mean the situation didn't move underground, but at least they are not profiting as they were from my work. It appears to be resolved.

It's a difficult situation all around. Especially internationally. There is a document that addresses the rights of artists (I don't have it at hand), I think it is called the 'Digital Millennium Copyright Act'. Typically you can find the web host and 'person in charge' by doing a DNS search for the domain name in question. There seems to be very few ways to protect yourself as an artist, other than to have a credited body of work and friends to watch your back.

Best regards,
William Capozzi
www.dedicateddigital.com

wp_capozzi
05-07-2004, 06:54 PM
I don't know how strong this is, or if it is effective internationally or at all. A quick search brought up this info on the DMCA.

http://www.copyright.gov/legislation/dmca.pdf
http://www.gseis.ucla.edu/iclp/dmca1.htm
http://www.keytlaw.com/Copyrights/dmca.htm

cgolchert
05-07-2004, 08:40 PM
It may also be a little harder to do anything about it since you were selling it on Turbo Squid. The clown that is selling it could always worm his way out by claiming you are paying for his texture work or file format conversion.

Good luck though.

Signal to Noise
05-07-2004, 10:19 PM
And in the end when all things are said and done it's Aston Martin that truly own the copyright. ;)

themaxx
05-07-2004, 10:52 PM
just to be clear-- if i understand this, someone bought his model and are claiming they modeled it themselves. they're not selliing it.

hazmat777
05-08-2004, 12:41 AM
Yowza!! Checked out the Aston. Nice, nice work 'bro! No wonder you're pissed.

Ideas Unlimited
05-08-2004, 02:24 AM
Thanks for all your comments and advise. Its come to my attention that he may not have been selling the model, although it maybe because he got found out so soon but he has been trying to pass the work off as his, below is an E-mail I have just opened from him, does anybody else think he is taking the pi**.

Dear sir,
I am very sorry for what I have done, and I apologize for my
actions.I would also like to formely apologize to every one at the forum, but they wont let me in.I dont know why I did this...maybe to get more attention...once people stopped replying my stupid posts...I became desperate for attention and did this even greater stupid act...but I was caught as soon I had posted them,I am really feeling terrible. Sir this is my first mistake, please forgive me. I assure you that I will not do this kind of lowly and shameful act ever again.And will seek some help as now I
know whats wrong with me. Once again ,please dont get angry,I am really,really sorry Hopeing that you will forgive this really stupid friend of yours
Your's Faithfully,
Kumar

Fausto
05-08-2004, 03:49 AM
I hate to play devil's advocate here but how do you know this is your model? I mean I've seen some people create geometry using photo references that makes distinguishing it from another difficult at best. I don't doubt this happens but accusing someone of this without absolute proof acutally puts you in a more vunerable position legally than the person you're accusing. Have you confronted this person directly? If so what was his response if any.

Ideas Unlimited
05-08-2004, 03:56 AM
The response is in the E-maiil above your post, its a full admission, also like a complete idiot he used the exact same image that I had posted elsewhere.

cresshead
05-08-2004, 02:17 PM
you should ask if he wants to appear on dumber and dumber..the criminal t.v show...who catches thick criminals "in the act"...

i hope he has learned a lesson here....the hard way.

siproductions
05-08-2004, 04:07 PM
This is sad :( You never know on this type of deal. I hope that he is indeed sincerely sorry for his actions, But fool me once....

The lesson here is: Don't ever steal a model. It does not pay. There are enough users that know their friends work, and you will be caught. JUST DON'T DO IT.




P.S. Sorry for the caps lock. :)

LFGabel
05-08-2004, 08:17 PM
I know this doesn't ease matters, but karma will bite him in the *** when he's asked to model another car on his own... and ends up producing crap.

MiniFireDragon
05-08-2004, 10:24 PM
Well, not to take the stealers side buuuutttt.....

The copyright laws, if I am not mistaken (and excuse me if I am) mean you can not take someone elses work and reproduce it without permission (or I guess call it theres). BUT if they take your work and alter it in any way, it is no longer your work, though, it may have been the foundation for your work. The extent of the change eludes me.

What I am basing this info on is a few years ago some dude took the Eagles Logo and added a few feathers and started to sell it. Eagles found out and sued him for it. It turned out he was not violating copyright laws.

Also, if trademarks are the same as copyrights, when you register a trademark, it is taken as exacting. Any slight alteration renders it a different trademark.

I did see that you said he was using your images to post what he called his. Which, if the copyright label was posted, is infrigment.

And in the words of 3M... "We don't make the product, we make it better."

LFGabel
05-09-2004, 05:06 AM
Trademarks are no where near the same as copyrights...

Useful site here (http://www.starvingartistslaw.com/)

hulagirl7
05-09-2004, 03:15 PM
I have sold models and what I have done
is type my name and date of creation in polys, and shrunk
it down to a dot and put it in the model somewhere
only I know. Or stencil it very small on polys somewhere.
It survives format changes, but not sure it always survives heavy
poly reduction. Not perfect, but can be helpful for blatent
rip-offs, like when people grab meshes off
the internet and bundle them for sale on cd compilations.
Kinda like when I use to mail myself song lyrics or a cassette
of my music, the get post office to stamp date on it.
Lawyer said as long as it was unopened, it could be
proof in court of law, as to it's origin.

Digital content is a tough one to cover, as of yet.

Emmanuel
05-10-2004, 02:39 AM
Well, there are ways to open an envelope without it looking like having been opened, so I would rather use something more secure, sealed envelope or something...

Matt
05-10-2004, 05:14 AM
This is all a bit too familiar, remember Mark J Taylor (http://vbulletin.newtek.com/showthread.php?s=&threadid=10120&highlight=angelina)?

- - -

At least I'm safe in the knowledge that my work isn't good enough for anyone to want to copy!!! :)

Joking aside, it sucks all the same.

lwaddict
05-10-2004, 08:43 AM
White...

We've been looking for someone who can model vehicles,
even half as good as that one!

Would you be interested in helping us out on our project?

We need:
2001 Ford Excursion
2002 Toyota MR2 Spyder

Already got the Jeep since those are everywhere.

Can't pay much since all my money's been going directly into
the production of our feature, but anything's negotiable.

Either way, let me know.

www.sightsunseencentral.com

cagey5
05-10-2004, 10:29 AM
I would put the stamp and the address on the seal side of the envelope, with the stamp right over the gummed edge. Once that's been franked it's tricky to get inside without leaving a trace.

Ideas Unlimited
05-10-2004, 11:26 AM
Hi LWaddict tried to send you an E-mail but it got returned

gjjackson
05-10-2004, 02:00 PM
Get everything in writing and get partial down payment for the job before even starts. There used to be a link here somewhere of a sample contract, but I can't find it right now.

dablan
05-10-2004, 09:27 PM
Here's a trick -
when you make the model, stencil in your initials, or logo or something in a very very hard to find place. Do not give it a surface name. No one will be looking for it, but you'll know where it is.

siproductions
05-10-2004, 09:55 PM
Good one Dan. I had thought of that, but as I don't sell models yet I have not had to use it. However I would think that would only work if someone is selling your model ( You can get it and prove that it is yours ), not if they are just using it for their own artwork.


P.S. Whitestar, your Aston Martin model is a great model. Good work. :)

Matt
05-11-2004, 02:00 AM
Originally posted by dablan
Here's a trick -
when you make the model, stencil in your initials, or logo or something in a very very hard to find place. Do not give it a surface name. No one will be looking for it, but you'll know where it is.

Hehe! That's sly, I like that one Dan! :)

LFGabel
05-11-2004, 04:33 AM
If it's a sub-d model, make sure you triple the poly that has your initials...

lwaddict
05-11-2004, 06:45 AM
Whitestar...

Try [email protected]

Let's talk.

And...
for everyone else...
Dan Ablan's trick with the personalized stamping of the model is really a great tool, lots of the clip objects we've got inhouse have this...even though they're clip objects, the companies who designed them like to put their stamp right on em and it's not exactly a breeze to remove em once these bad boys are frozen.

Great tip Dan.