Friday, July 30, 2004

Character Theft is OKAY according to DA

Currently: Very tired of all this.....

Away from the 31st of July till the 15th of August. I will keep the
pictures watch on, but will shut down the journals. When I get back, expect
me to take about a week to get things back online here ^_^


--------------------------------------------------------------

This is copied from my DA journal.

To make things clear; these are my thoughts and it isn't
my intention encourage anyone to flame that girl. Flaming is wrong. If you
really, really want to contact her, please use reason and no flaming.
I dissaprove of flaming.


'You don't have Trademark over your character, so this is not a
violation.'

EXCUSE ME?! I DO have Trademark. In the Netherlands Trademark and Copyright
are the same. I'm Dutch. Thus my art falls under the DUTCH copyright system,
no matter WHERE I post it. Besides, I have a whole copyright notice on the
site telling we own every single bit on that site.

If I would take an American Character that has been Copyrighted and
Trademarked, I would get in serious problems.

This girl takes a DUTCH Character that has been Copyrighted AND Trademarked
and gets away with it.

Am I the only one who doesn't get that any more? The only thing I can do is
pray that she acts with her characters the same way as she acts to her
sites: abandoning it. I'm only thankful many people know I designed her
first.

Lia, Cora, Ginger, you are hereby the first who stole a character of mine. I
thank you. I will get you back on the most polite and legal way there is. If
you only mailed back....................

Part II:
Okay, I went into a discussion about it in the forums. I believe the short
message everyone is giving me is: 'Shut up, she did nothing wrong blah
blah.'
Eh......¬.¬ Who is the victim and who is the thief here?
I bet that when one of their characters is stolen, they go jumping high and
low and screaming it's stolen.
Maybe I'm just stubborn, but I won't be giving up. I know my character is
stolen and even though I can't sue her because everyone claims it to be a
coincidence, I still have faith that one day I'll show the world who's
laughing last.


Issue this time:
http://www.deviantart.com/deviation/3880088/

The information is taken from her cosplay page as well:
http://images.cosplay.com/showphoto.php?photo=39892

The case:
This is her character. Ember Burns. Has an alter ego called Lady Ignis. Has
blue eyes and wavy red hair. Has a black dress. Is the Guardian of Fire. She
wants to do a manga about it, because it's her character. Appearantly, the
first drawing is made in 2003, and I guess this character is designed
somehwere in 2003 as well, maybe 2002 on the earliest.

The problem:
http://www.deviantart.com/deviation/3485539/ Made in 2002
http://www.deviantart.com/deviation/3443653/ Made in 2002 as well.
http://www.deviantart.com/deviation/2899815/ Made in 2001

There does exist a 4th picture, made in 2001, but I haven't posted this one
yet. Or, I haven't found it in my gallery yet XD

She drew 3 fanart pieces for Serenay Moon, including Lady Ignis. We link to
her site.

Well, the Serenay Moon Lady Ignis, designed in 2000, is the Guardian of
Fire, is also known as Ember Burns (and Chibi Ignis), and has blue eyes, red
hair and a black dress. Ember Burns also has blue eyes, red hair, and a
black dress. Chibi Ignis has red hair, blue eyes.... and a red and blue
dress, but she doesn't count along in this issue.

I do believe things can be done unintended and that coincedence does
exist... but isn't this a bit TOO much like a coincidence?

Why me? What have I done wrong?

DA contacted me, but I doubt they will do something about it because, if I
understood well, they consider it too much coincidence, and that anyone can
come up with something like that. Sometimes I truely hate Dutch Copyright
when something is yours when you sign it, while in the USA it's completely
different. I could have misinterpretented it though. The girl itself still
hasn't mailed me back, to explain herself. How... great... *sarcasm* I
created someone, someone else copies her, and gets away with it, because of
copyright differenses.

No comments: