Here’s a topic that is hard to write a light-hearted intro to so let’s just dive right in. As a small business that supports local and global artisans, we can’t help but get defensive when it comes to art theft! Sadly, we know it’s one of those things that a lot of artists have experienced. Unfortunately, even one of our local artists, Owyn Porter from The Happy Sea had a few recent encounters. Porter says, “It’s really disheartening to see your work that you spend so much time, and put so much soul into, being replicated and advertised and sold as someone else’s.” There is a wide variety of art theft out there, but with the internet being so accessible these days, the most common is often online art theft. Online art theft includes copying, tracing, and redistributing art without proper credit or permission. 

Let’s talk about art theft!

For the purpose of this blog, let’s discuss online art theft. (Intellectual Property theft is much more complex and won’t be covered here). One of the things to highlight when it comes to art theft is the impact and the different ways an artist can approach and manage the situation. Obviously, the person that is in the wrong, whether it be a fellow artist or a business, needs to be confronted. If you are an artist experiencing this, here are a few things to ask yourself:

How much time am I prepared to commit to this?
If there would be anything ideal about these situations, it would be handling them directly with the artist/website/business in question. Other times, sadly, you’ll find yourself dealing with a situation that is so vast and complicated that you need to step back and consider how much time you’re prepared to commit to it.

Hopefully, if you come across stolen art, it can be as simple as messaging or contacting the business in question and informing them that they do not have the right to sell the design. Under a common law copyright, any artwork belongs to its creator by default. And ideally, they would respond by removing said art. Of course, not every situation can be that simple. For example, Owyn Porter of The Happy Sea, had contacted another “artist” and asked her to remove the infringed designs but did not receive a response. Porter had come across this artist’s shop on Etsy, and since the artist did not respond directly, Porter reported the violation directly to Etsy. Thankfully, Etsy was in agreement and took action against the art thief by suspending her shop and right to sell.

Trying to get stolen art removed from some of the larger marketplaces can become quite complicated, especially as you’re sometimes dealing with different laws and processes. The larger the company, the more automated their approach can sometimes be, and it can become very frustrating going around in automated circles trying to get a response. There are likely moments where it may just be easier to turn your back on it and move on. The time spent in an endless battle with no result is time that could be better spent creating new art. While this may feel like a defeating decision to make, more often than not it can be better for your own creativity and even better for your own mental health.

Has my art been stolen and listed on this website before?
Unfortunately, art thieves can be repeat offenders. Often times when art has been stolen, it’s being listed on the same websites over and over again. While this can be frustrating, it can also save a lot of time. You’ve likely already had to interact (hopefully in a civilized manner) with this website/business in the past. You can remind the website in question of the history and it will hopefully get the matter resolved much faster.

If it’s a new website/business, then you’ll likely go into it knowing there’s a chance that there will be some pushback from the initial contact. Over time you’ll develop your own list of usual suspects which can make it easier to keep an eye on theft and get it dealt with in a more  efficient manner.

                     

Is the art being sold or is it simply being shared without credit/permission?
When doing reverse image searches, often times artists can be find their designs, or parts of their designs, used in a variety of manners. There are two ways to approach these scenarios. You can either ask that it be removed entirely, or if you feel comfortable enough, simply ask that they credit the art to the artist and link the artist’s website. It is an option that may work for some, but not for all. It’s all a case by case basis and just takes time to find the approach that works best for you.

Mathew Dunn from Mathew Dunn Art shares his experience, “I found a DJ using a ton of my art a few years back and rather than go in hard I decided to just talk with the guy. After a slightly tense start to the conversation we ended up getting along really well. He not only paid me for the art that he’d been using (which had been provided to him by someone else) but also commissioned some new pieces. That experience reminded me that you don’t always know the story going in, and it’s worth approaching each situation with an open mind.”

One thing we can all agree on, if anyone is making money from art it should be the artist. In the situation that the stolen art is being sold for profit, the artist should be financially compensated.

How does this impact me as the artist?
Knowing someone is earning money by illegally selling your art is an unpleasant experience and potentially takes sales away from your own online sales. Time spent tackling art theft is also time that you could otherwise have spent creating new art and promoting existing work. Throughout every step of the way it’s always important to keep an eye on your own well-being. When you see your art being stolen on a regular basis it can be quite a distressing and depressing experience. Battling it can sometimes feel futile and have a negative impact on your creative focus.

So always remember to step back, give yourself the time and space to process the situation, and be sure to remain creatively active so that dealing with these things doesn’t become all consuming.