What to Do if Your Artwork Gets Stolen
So, you stumbled upon a brand/website/person selling work you made without your permission. Where do you even start?
I remember how lost I felt the first (and even second, third and fourth) time(s) this happened to me. This isn’t something they teach in art school, and is such a vague subject to find information about online. It can feel like falling endlessly in a black hole.
That’s why I’ve compiled this list to (hopefully) make things easier for you.
A quick disclaimer: this is by no means a comprehensive list and I am not a legal expert. If you feel your situation requires more advice I would suggest consulting with a lawyer.
So with that, let’s jump into the wonderful world of art theft and copyrights!
Steps to take in contacting the infringer:
Step 1: Document, Document, Document
Take screenshots of the infringed upon work on their website and social media. If they show reviews or any indications on amount of sales, take screenshots of that too. It’s great to have a record of all instances of copyright infringement. Especially if there is information you might be able to leverage in disputing false sales numbers they may give you.
For example, a company who stole my work claimed they had only sold 47 units, but the screenshot I took had 167 reviews and those numbers just didn’t add up. I was able to send them the screenshot to prove them wrong and get more money. (Sidenote: unfortunately, a lot of these instances of theft aren’t resolved with a payout. Usually the artwork is removed and that’s it. But we damn well should try to be compensated for our work!)
Step 2: Email a Copyright and Takedown Notice
After you’ve documented and filed the screenshots away in your personal files for your future self, send the brand/person a Copyright and Takedown Notice Email.
You can click here for a Copyright and Takedown Notice Template to use as a jumping off point. Feel free to edit this as you see fit.
Your subject line should be something along the lines of “Notice and Takedown Report” or “Copyright and Takedown Notice”. I usually copy and paste my copyright and takedown notice into the body of the email rather than attaching a PDF, but do whatever feels right to you.
Most websites have a DMCA (digital millennium copyright act), copyright or legal email in their footer or “contact us” page. Other sites may have a copyright form via their website to fill out rather than sending an email.
Here’s a list of common sites where theft occurs, and the corresponding reporting portals or emails:
Temu: ipprotection@temu.com
Shein: copyright@shein.com
Romwe: copyright@romwe.com
Redbubble: dmca@redbubble.com
Etsy: etsy.com/ipreporting
Amazon: amazon.com/report/infringement
You also could go the old fashioned route and mail your copyright and takedown notice to the legal address provided in their contact section.
The key parts of a copyright and takedown notice are: links to the seller infringements, source links to your original work, contact information, and affirmation that you have “good faith belief” that the disputed links are not authorized by the copyright owner under penalty of perjury.
Again, all of that language is in the Copyright and Takedown Notice Template.
Step 3: Follow Up
They might ghost you, but be persistent in following up to let them know you are taking this seriously.
When they do respond, they’ll probably deny having any knowledge the work is stolen. They might blame their “supplier” or someone other than themselves. They will probably ask you to “prove the work is yours” even after you’ve sent them links from the initial “Copyright and Takedown Notice” email you sent. Re-send your source links again and stand your ground. This is your proof. If anything, they should be the ones who have to prove to you that wherever they got the work from is a valid source and that they have the rights to use it. (Which they clearly do not).
These back and forth emails are tactics to delay your chances of getting compensated from them stealing your work. Don’t let up. You’ve got this. Fight for your work and for yourself!
Step 4: Invoice
Sending an invoice gives them something tangible to react to and is an actionable item you can hold them accountable for. I prefer invoicing through PayPal or an instant payment service because it’s more trackable than them sending a check in the mail.
Once you agree on a payment amount with them, send a PayPal invoice and set a due date. Set terms on your invoice that specify a late fee if they fail to pay upon the initial due date.
If you are seriously considering taking legal action if they fail to pay up include something like, “If there is failure to complete the payment thereafter, legal action will be taken”. Let them know you are serious.
Step 5: Call Them Out on Social Media
If they’re still not budging on responding or paying you, a little fire under their social might help. Brands hate bad press, and when the masses flood their comments you’ll probably get their attention.
Step 6: Check Their Work
If they said they took your work down, make sure they actually did. Follow that link again and make sure it’s broken.
Are you working out payment with them? Make sure they pay their invoice!
Step 7: Celebrate a Job Well Done!
Going through the stolen artwork gauntlet is exhausting. You deserve to kick back with a cold one and finally breathe a sigh of relief.
Some general notes:
“Artist” Sites Vs. Big Brands
It will be different dealing with “artist” sites like Redbubble or Etsy compared to sites like Shein, Zara or other big brands.
On sites like Redbubble it’s really hard to get in contact with the “artist/seller” that uploaded it. It’s even harder to try and get any of that money back because it’s out of the hands of Redbubble and has already been paid to the “seller.” Typically the most that happens here is you report the work and it gets taken down.
Bigger brands that don’t have individual artists uploading the work are more responsible for theft when it happens. But this also means they will feel as if they can brush you off more easily because you’re an independent artist and they’re a corporation. (Ugh!) They’ll try to get you to settle for them just taking down the work, but really you can push hard for payment here. And if it’s potentially a big enough chunk of change, get a lawyer involved.
You may be asking, do I need a copyright?
The simple answer is no. You technically already have one (I’ll get to that in a minute). But, having a registered copyright is needed for litigation, and can lead to speedier removal of your work from unwanted sites.
According to the United States Copyright Law, and quoting from the copyright.gov website, your art is considered copyright protected from “the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.”
It is also noted that, “Copyright registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.”
My friends over at Givingli created a “Copyright Basics” PDF with loads of information on benefits of registering, different types of registration (basic vs. group), how to submit an application and the standard filing fees. It is a great resource to learn about copyrights!
Some common phrases you’re probably hearing while dealing with art theft:
“It’s your fault by not doing enough to protect your work.” When artwork is stolen, IT IS NOT THE ARTIST’S FAULT.
I have been blamed so many times on “not doing enough to protect my work”, when in fact it is protected from the moment it is created.
The internet is such a double edged sword for creatives. To get noticed, you need to share work. But by sharing work we sadly risk it being seen by the wrong people who are eager to jump at the prospect of stealing it rather than extending an offer for collaboration.
“This will be good exposure!”, or, “You love that brand! You should be flattered they stole your work.”
Cool. You know what I love more? Being respected for my work and value and getting PAID.
“Just watermark it in the corner! That will solve your problems.” - says every non artist ever.
Actually, no. Even by applying a watermark in the corner, someone could steal your work. Photoshop is pure magic and art thieves know how to use it. To really deter someone with a watermark, it would need to have massive coverage to not make it worth their time… but that’s not the sleekest form of your work to share online.
“I found it on Pinterest!”
Don’t even get me started here. Most of the time, us artists aren’t even the ones uploading our work to Pinterest. And when someone uploads our work, they (more often than naught), don’t include proper artist credit. That’s when the spiral happens. It gets shared. Then shared again. And again. Until there is no traceable way to get back to the artist via the link (if it was even included in the first place). Then for some reason people think it’s free game to take that art and make it theirs.
No, that’s not how it works.
What you can do to slow the spread of art theft:
If you see something, say something.
If you see stolen work, call that shit out! Let the original artist know about it so they can pursue action.
I am so grateful for everyone who has passed along instances of stolen work to me! The internet is very “wild, wild west” and we can’t constantly monitor when someone is stealing work, so receiving a tip off makes our lives easier.
When you’re posting on social media, give proper credit.
When you’re sharing work online clearly state who the artist is. For example, on Instagram give an @ tag to the artist in the caption (at the beginning, not buried at the end) and also tag them in the image itself. Pro tip: do not use someone else’s artwork in a manner that promotes your brand without asking their permission.
Wow, that was a lot of information.
If you’ve made it this far, thank you for reading. I hope you found it helpful!
Feel free to send me an email at hello@juliawalck.com with questions, feedback, or just to say hello!
Keep fighting the good fight!
– Julia
