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It Happened Again and I'm Fed Up: Updated

Journal Entry: Mon Aug 25, 2014, 5:31 PM
***Updated: Every time I look, it gets worse. Maybe that really ugly DA watermark isn't such a bad idea. ART THEFT IS VERY, VERY WRONG!***



Well, more art theft of my work. A restaurant in a foreign country has decided to use my photo to promote their restaurant on a travel site.

www.triposo.com/poi/T__070601a…

**Update: The restaurant changed the photo and isn't using my photo - small victory!**

They cropped off my watermark. I sent an email demanding that my photo be removed immediately. I'm really sick of this rubbish.

This is the photo:

I See Fire by Metal-Bender



Another theft where my photo is being offered as a poster:


desmotivaciones.es/7253039/El-…

This is the photo:

Fading From Memory by Metal-Bender


Yet another stolen photo - I am really pissed off. This one the guy replaced my signature with his own and is bragging about my work as if it was his own.
He even renamed it 'Decay and Despair' What a pathetic loser.



hpikabu.ru/story/tlen_i_bezyisk….




Oh, and another jerk has used it and put text on it. At least he left my signature on it. Yet another theft from a member of VK!! It is being used for promotion by a band called 'Never Believe Twice' I wonder how they would feel if someone stole their music. I just found them using it to promote their concert tour on another VK page as well. They're also offering a full download.

vk.com/event72207664


vk.com/n__b__t

vk.com/wall-65263264_195



vk.com/em_gashimov

***WOW THIS BAND AND VK MUST REALLY REALLY LOVE ME!!!***


This is the photo:



Final Destination by Metal-Bender

I guess any notion that we have control over our work, once we post it online, is an illusion. Right now I have to decide whether or not to continue to search and fight or give up. Art theft is really horrible. It's making me think I shouldn't post any work online. I've only checked 6 photos with 4 out of 6 directly stolen. Other work, while I am given credit, is posted without my knowledge or permission. Anyone who thinks this is harmless fun is very, very wrong. While it may not seem so, I put a lot of thought and effort into what I do. It shows a real lack of respect to just steal someone else's work for fun, attention, or profit.



**UPDATE 8/26/14: I sent an email to Chilling Effects and they responded with sympathy and advice:**


Dear Ms. Reynolds.


Thank you for your letter.
Our sympathies for the difficult situation in which you find yourself.
Unfortunately, Chilling Effects is not really in a position to assist you.
We an independent 3rd party research project studying cease and desist letters concerning online content.   Our goals are to conduct and facilitate research on the notices, to educate the public about the different kinds of cease and desist letters--both legitimate and questionable--that are being sent to Internet publishers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect. 
 
We collect as many letters as possible to help the public understand the types of letters that are being sent and what searches are affected by them.  
Chilling Effects is not the sender or recipient of these notices, and is not responsible in any way for either removing or restoring on-line content from the web or search engine listings, or for "blocking" or restoring access to sites. 

Our initial suggestion would be to use the reporting services of Google and other search engines to minimize the visibility of the copied material.Cf. support.google.com/legal/troub…;
You could also try to get some attention for the problem in the technology press/blogosphere, or contact the Electronic Frontier Foundation, who can provide legal referrals and will occasionally take on work pro bono.


Sincerely, 
the Chilling Effects Team


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:iconlamorth-the-seeker:
lamorth-the-seeker Featured By Owner Aug 26, 2014
The only thing I can think of to stop future theft is to post small pics with watermarks, and no downloadable files, if you want to keep posting. Maybe you can use few if any search words so they're harder to find? With a small file, their theft would be limited to online display, because a print would be horrendous. It would be a shame to suppress your work to a thumbnail, but ... thieves.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Well :icontrippy4u: suggested that I only post screen shots of my work, low resolution, and obvious watermark. Limited search words seems like a good idea. Well I've already started replacing some of my photos with a much lower resolution - definitely won't be good for prints or posters. I'm not sure if I'm going to post any new work online - I'm still trying to wrap my head around all of this. I've been playing with some big watermarks but I'm going to replace what I posted today because they're all kind of angry. It felt kind of good to do it but it kind of detracts from the photo and if you don't know the back story, it seems kind of strange.
Reply
:iconlamorth-the-seeker:
lamorth-the-seeker Featured By Owner Aug 27, 2014
Good luck with the deterrents. I'll miss seeing any of your new work but I understand.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
Thank you very much Timothy. 
Reply
:iconlamorth-the-seeker:
lamorth-the-seeker Featured By Owner Aug 27, 2014
:iconvplz::iconkplz:and everyone who steals art.:iconpissplz:
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 28, 2014   Photographer
For sure Timothy!
Reply
:icontrippy4u:
Trippy4U Featured By Owner Aug 27, 2014
Yeah it does detract from the work...but oh what a great way to express your message and get it out of your system :hug:
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
Thank you so much Richard!:hug:
Reply
:iconmaryjane5908:
maryjane5908 Featured By Owner Aug 26, 2014  Hobbyist General Artist
oh shit that is fucked up, cant you call a lawyer or something because how can they do that ... just to let you know it is really hard to read with the black background
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
It really is - I'm still in shock. Well, a lot of the theft is coming from Eastern Europe and trying to resolve this through court action seems a bit remote. There are other ways to take swipes at the websites where this seems to be encouraged. Ok, sorry it was hard to read.
Reply
:iconmaxlake2:
maxlake2 Featured By Owner Aug 26, 2014  Hobbyist Photographer
P -
I'm sorry to hear this, and can totally empathize. . . Travel sites are probably the biggest offenders, along with bloggers, people (no longer just kids) "decorating" their social media pages, and unfortunately, unethical small businesses.  Oddly, in each instance where I learned of the theft, it was a dA friend who spotted my image elsewhere online and wrote to let me know.
If we are going to keep dA as a safe, thriving art community, we have to look out for each other. . .
Please don't leave. . .  At least not yet. . .
:hug:
R
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Richard. For sure. Well, that was true for me too, until I actually took a look for myself. After the recent incident here on DA, I decided to give a look to one of my photos which led to blogs that carried 10- 20 of my photos and of course the lovely VK.com with their blatant thieves. Very true. I've been on DA for almost seven years and think it may be time to go. If I have my own website for my work (like real photographers) at least I'll have some control over how available my work is and can keep track of guests. When I first started here it was just to share fun hobbies, but it's kind of more than that to me now. I guess the one good thing that came out of this is that apparently my work is pretty good and has a wide appeal. I really like the community here but the administration of DA seems a little lax. There's a fair amount of rubbish that happens here on DA that either doesn't get dealt with or goes on for a very long time until something is done.:hug:
Reply
:iconmaxlake2:
maxlake2 Featured By Owner Aug 26, 2014  Hobbyist Photographer
Peggy,
You're a professional.  I think of my own level of anger and frustration, and then I realize that I cannot even begin to comprehend your level of anger and frustration over this whole phenomenon.  While I think that the Admins spend far too much time refereeing battles over who stole who's "selfies,"  I understand that they can't be everywhere at once. Perhaps the metaphor has become a bit hackneyed, but it is pretty much a game of online community-policing "whack-a-mole."  I'm certain that there are people out there with 5-10 accounts that they use for all sorts of nefarious purposes.  I don't have my Visitor list visible, but I watch it every day.  On any given day, at least 33% of my "visible" Visitors have what I consider to be "shell" or "troll" accounts.  You've seen plenty of them: "Deviant for 5 Years," "0 Deviations,"  "0 Journals. . ."  I doubt that there's much that can be done about that.

One other problem is that dA users can just randomly choose their "nation" of residence.  That had never even occurred to me until I asked someone who was "from" Cote d'Ivoire what life was like there (I've never met anyone from there).  She laughingly replied that she just randomly chose that country, because she thought it was "fun." There really should be a way of constricting that that problem during registration.  That was an adult human being, who was basically clueless, but harmless.  Imagine what evil minds can do.  If this were just all kids being kids that would be one thing, but it's not. . .
 
I try not to think about this every day, because I don't want to become one of those people who eventually fears leaving the house.  But with stupid problems like these there comes a point where enough is enough. . .
Let me know what you're thinking before you make any final decisions. . .
:hug:
Richard
P. S. I'm following Catherine's Journal like you are.  So we'll see where this goes. :)
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Edited Aug 27, 2014   Photographer
Hi Richard,

Thanks - I really didn't view myself as such, but given the amount of theft, I guess I am - ha! I was in some sort of delusional bubble and didn't realize how things really are. Yeah, there's a lot of silly nonsense on DA for sure - I've been here almost 7 years. I know that but even when they're presented with a horrible situation, they drag their feet. A poor older lady was being harassed and verbally (in writing) abused by some troll and she and many others reported him. The DA admins took forever to get rid of this guy. Some of the kids on DA started to harass him as they knew who he was - he had more than one account. Eventually he was kicked off, but it took a very long time. 

Yeah, I see them too and it makes me uncomfortable - I always figure that they're looking to steal things. I just had no idea the extent of it. For sure. 

Wow, I wouldn't think someone would falsely claim a real place - some people jokingly say the moon or whatever, but it's obviously a joke. There are all sorts of people on DA.  Well, yeah, it can kill creativity and spoil things if you focus too much on it. I guess I'm getting over my shock and have decided to methodically attend to whatever I can do for a little bit every day until I'm satisfied that I tried my best. I'm not going to be someone who just complains and does nothing. I think if everyone made at least some effort to fight back, not full time, just a bit here and there, it could make a difference. If these thieves figure that they could meet some resistance, they might think twice. For sure, I probably won't post for a while but I'm not leaving in a hurry either. I'm just trying to process all of this. 

I'm following it too - she has some very good ideas. I hope some good can come out of this. 

Regards,
Peggy :hug:
Reply
:iconartistladysmith:
artistladysmith Featured By Owner Aug 26, 2014
create a watermark of your own....but then add your signature in more than one place not quite as noticeable before you publish.....if you see it somewhere on the net stolen...you can tell them you'll sue cuz you have your name hidden all over it and can prove it.....
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
For sure Paula. Unfortunately, most of the theft seems to coming out of Eastern Europe - kind of tough to pursue through courts. Having said that, the sites that harbor these creeps can be affected by search engines like google. If google bans them, it would greatly curtail their reach and effectiveness. I intend to be as annoying as I can manage. 
Reply
:iconlucilaleyla:
LUCILALEYLA Featured By Owner Aug 26, 2014  Hobbyist Photographer
Sorry to hear that Peggy :(, unfortunally it happens so much, wish there was a way to protect the art!!!
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Lucila. For sure. There are ways to slow it down but I'm not sure it can truly be stopped. 
Reply
:iconlaurentroy:
laurentroy Featured By Owner Aug 26, 2014
Maybe posting smaller photographs could be a answer : mine are 1200px in the largest dimension, including the frame, which makes the pic itself around 1100px in the largest side : it's way too small to make a poster... ;) In the other hand, people can't see some interesting detail... :(
:twocents: :hug:
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Edited Aug 26, 2014   Photographer
For sure Laurent.:hug: I'm also coming up with some creative watermarks. I'm a bit put off with lax attitudes and the notion of 'oh well, what can we do?' This sort of mindset just feeds the art thieves notion that it's not a big deal. There was an art theft incident recently on DA that kind of led me into checking some of my photos. The thief is still here and has a really smug attitude. I'm really disappointed with the number of people who are acting like what they did wasn't so bad. I guess if you're charming and complimentary you can hurt whoever you want to. 
Reply
:iconlaurentroy:
laurentroy Featured By Owner Aug 27, 2014
Sorry, but I'm not sur about the meaning of your last sentence... (please remember I'm French ;) ) :hug:
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
Oh, it's a reference to the recent incidence of art theft on DA - kind of what made me wonder about my own work. This person, who seemed really nice and very talented, turned out to be a big art thief with a lot of their stuff stolen from other people on the internet. Some suspicious people checked out some of the work in the gallery and found that it was stolen and altered just a little and in some cases just taken without any change. This person represented it as their own work and even received two DDs. When confronted they weren't even embarrassed and said it was just harmless fun and they had no ambition to go further with it. They left for a little while and then came back, with the stolen work intact. They have been acting like they are the injured party and that anyone who has a problem with what they did is mean and jealous. They mentioned to one person they came back to find their real friends. They are still acting like they did nothing wrong and it's all business as usual. They are being so smug. Worse than that people are acting like what they did isn't a big deal either. This person is very charming and complimentary to everyone so I guess that makes it ok to be a thief and a liar. I don't know if this person is male or female, where they're from, how old they are, and so on. There have been so many lies for so long it's hard to say what they are. I don't think this person should be mistreated but acting like it's ok isn't cool. Maybe if they stole from these people directly they would find this person so charming. The attitude of this person is pretty typical of what I have been running into when I confront thieves of my work - it's a big deal, so what, just for fun,  who is it hurting anyway kind of attitude. Given my recent experience with art theft and dealing with thieves, I have no use for that sort. It kind of makes me think of the old chestnut that if you go to dinner with someone and they are nice to you but horrible to the waiter/waitress, they are not a good person.:hug:
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:iconlaurentroy:
laurentroy Featured By Owner Aug 28, 2014
OK.
Did you report them to dA admins ? They should close the account for that... I hope... :fingerscrossed:
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 28, 2014   Photographer
Well someone else did. DA is very slow to act and I don't expect this to be resolved anytime soon. In the meantime this person appears to be gleeful with all of it - so annoying.
Reply
:iconshyne-3:
Shyne-3 Featured By Owner Aug 26, 2014  Hobbyist General Artist
wow, that is just awful. how did you find your stuff all over? i mean it could be anywhere without you knowing at all. it would be nice if instead of just taking it down they decided to pay you for the use!
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
For sure. Well, there was a recent incident on DA and it made me kind of wonder if my work was being pinched. I did a google image search and so much popped up that it made me sick to my stomach.  Yeah, it would but these creeps don't care. They all seem to have the same ignorant and arrogant attitude - a big deal, so what, who is it hurting attitude.
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:icontakingbacksusan:
TakingBackSusan Featured By Owner Aug 26, 2014   Photographer
Sorry to hear that.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Susan.
Reply
:iconnightserpent:
nightserpent Featured By Owner Aug 26, 2014
out of curiosity (like a car accident) I clicked on the restaurant link... and the site is down!

"Application Offline for Maintenance

This application is undergoing maintenance right now. Please check back later."

One small victory, perhaps, but this is ongoing and frustrating for many of us as well.  I'm not sure what the solution is, as heavy watermarks just ruin our art.  Maybe some sort of embedded electronic watermark, something not so easily cropped away?

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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Yep, I checked it too and they took my photo down and replaced it with one that looks like where the restaurant actually is. Small victory for sure but I'll take it - it's a start. Unfortunately these measures slow them down but don't stop them. I'm checking into several suggestions as to kicking some butt - not sure how effective the effort will be but I have to try. So far, VK.com is a huge offender - den of art thieves for sure and they have ignored all of my emails. I'm going to get kind of serious with these jerks and see how far I can get.
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:icontrippy4u:
Trippy4U Featured By Owner Aug 26, 2014
Sry that this nightmare continues, Peggy. The internet is the wild wild west to many...always has and always will be for those with no scruples. The adage is, "If you don't want it stolen, don't post it on the internet." This is the sad and harsh fact of this digital age.
I might suggest lowering the rez quality of the work you post. I know having to compromise your expression goes against every fiber in your artistic bones but there really is no defense. All this does is basically keep the honest, honest. There are thieves everywhere, not only stealing images but also intellectual property and passing it off as their own. These people are a sad lot...wannabe's who crave "love" so badly that the only way they can feed that habit is by stealing from others. I've come across many of these people here on DA...some I had even considered "friends". But they turned out to be nothing but pond scum trolls.
The one positive is that our work is deemed by some good enough to steal. There is no way to "police" the small time thieves unless one wants to spend all their free time tracking them down. I'm waiting to see one of my images used for one of the big boys, Apple, Microsoft, IBM, The Rolling Stones, etc. Oh man that will be a big payoff and a great lesson to be taught.
I would pursue the band that is using your work though. They must be making some money...hopefully enough to pay you for damages and unauthorised use of your art.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Richard. It really is - for sure.

I'm going to use several things - it won't stop them but it might slow them down. Art thieves are relentless and pathetic vermin. Yeah, that's kind of interesting - guess my work is a hot ticket, especially in Eastern Europe. It's actually possible to embarrass the big boys so they will do the right thing in order not to lose face. The restaurant on the travel site took my photo down and replaced it with what looks like where they actually are - small victory! I haven't heard back from the band but they're on FB so they can be embarrassed - I'm going to send them a bill via FB!

I did hear back from Chilling Effects - they only catalog and track complaints but don't actually deal with them. They did offer some interesting advice which I'm going to check out. I posted their response in an update at the end of my rant journal. You might want to take a look at some of their suggestions.
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:icontrippy4u:
Trippy4U Featured By Owner Aug 26, 2014
This is no rant Peggy...it's a cry for justice and that's always noble :thumbsup:
Yeah pretty much what DA says too...nothing they can (or will) do but they also suggest going after the site providers. Well at least Chilling Effects is doing far more than DA is doing about this problem. Christ DA hand's out DD's for theft :lol:
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Richard. 

That's a possibility as well. For sure - some helpful advice at any rate.  Yes they do and apparently a lot of people on DA are willing to overlook art thieves and liars as long as they're charming and full of compliments. I really have no tolerance for that sort, especially now.
Reply
:icontrippy4u:
Trippy4U Featured By Owner Aug 26, 2014
I can't say that I blame you a single bit Peggy...life is full of phonies who always seem to get rewarded for their dastardly deeds.
I hope you don't leave "the net". I really do enjoy seeing your exceptional photography but I'd understand perfectly if you did.
I think a lower rez file and perhaps, like I do, a screenshot and an ugly "frame" may deter some to leave your stuff alone except for viewing and hopefully buying.
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thanks Richard. It sure seems that way. I kind of believe in Karma and hope those jerks get it back some other way.

I'm undecided about that. I might end up having my own website for my work where I have a little more control. I'm considering all of that and some creative watermarks too. I really like DA but maybe it's time for me to go. I've been here almost 7 years.
Reply
:icontrippy4u:
Trippy4U Featured By Owner Edited Aug 27, 2014
Karma is for real and its going to bite them in the ass sooner or later...mark those words.
Aww...your leaving is a sad thought. And worse yet is to want to leave due to no fault of your own. It's just not fair. I've been thinking of leaving too and I'm only here for five years but my reasons have nothing to do with being forced away.
I think your own website is a must for you. Some of them you can monitor the IP addresses of who visits if your site is set up as a server. Your work, sincerely, warrants it. I am also surprised that your work isn't being exhibited in galleries in New York. You really need to purse that natural course too because your work is fine enough to be shown.
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
I really do believe that Richard.  

Well, I'm so disgusted by all of this. I used to think posting work was fun and now the thought of it makes me cringe. Well, life isn't fair I guess. I've been thinking of leaving for a while anyway and this has just pushed me even further. 

I do too. At least I'll have a little control over my stuff and it's probably time to stop playing and get serious. The way things are run here on DA doesn't seem to support real artists.  Thank you so much - I haven't really pursued that route much but am now going to give it a try. I didn't think my work was good enough yet, but ironically this stupid situation kind of shows me that it is. Thank you again.
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(1 Reply)
:iconhamish-frost:
Hamish-Frost Featured By Owner Aug 26, 2014
there are some things that you could do.
now what are the options? it's mentioned in these comments that you can always keep your camera data on an original file and upload either a screenshot or a format that doesn't contain EXIF data. this will take care of things in a court of law, but you could always upload small sizes too, this will take care of others printing and selling them, but no effects on those seeking attention, etc.

but there's a better solution (I think) you can always move to a website which unlike this Open-For-Robbery-Green-Thing doesn't offer right click and "Save Image As..." which means anyone who wants to steal your works ends up taking a screenshot of your work, which are not very good in quality. (this option has flaws too, depends on how secure the website is)

but all in all, there's no running from it! 
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Unfortunately these measures might slow some down but won't stop them. Art thieves are pathetic vermin and the attention seekers really won't care that much about the quality.

For sure - I've been thinking having a closed website that doesn't allow for sharing and downloads would be a good idea. I love the social aspects of sites like DA but it really isn't helping with the fast and loose attitude towards art theft.

Very true.
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:iconhamish-frost:
Hamish-Frost Featured By Owner Aug 26, 2014
well, more bad news I also have been informed that, a website without those options can be breached easily. 
but all these things may save from 1 in every hundred (maybe) best thing to do is really, small sizes without the camera info and watermark.
that's actually the extent what can be done about this.
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Very true. There are also legal and social pressures that can be applied as well. It may not stop them but it will at least annoy the hell out of them. I'm going to explore a few suggestions and see how far I can get.
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:iconhamish-frost:
Hamish-Frost Featured By Owner Aug 27, 2014
:thumbsup:
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
:)
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:iconfearless-frog:
fearless-frog Featured By Owner Aug 26, 2014  Hobbyist General Artist
So sorry to hear about all this. Art theft is despicable.
Hug 
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Rowe & Phil. It really is.:hug:
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:iconcarolynym:
CarolynYM Featured By Owner Aug 26, 2014
So sorry, dear Peggy, that you are going thru this but please do not leave.  Richard's suggestion might work.  Anyway, hope it's a happier day today :iconsweethugplz:
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 26, 2014   Photographer
Thank you very much Carolyn - it's not fun for sure. I'm not sure about that yet. I may end up being some kind of crusader - albeit an annoying flea on a camel's ear. I'm checking out suggestions and possibilities. I'm so ticked that I'm actually going to try to make a little noise. Well, more determined than happy.
Reply
:iconcarolynym:
CarolynYM Featured By Owner Aug 27, 2014
Go for it Peggy! I like your determination. Getting fired up is good sometimes; I'm old now and can only be in your choir, wishing you success without you getting too upset over it. :iconsweethugplz::heart:  

(You got me to look and I found one of my paintings on a oriental sight with my signature removed and prints for sale, although it's all in their language.  I can't wait to show my daughter-in-law who is from China to see if she can read it and let me know what's going on.)
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:iconmetal-bender:
Metal-Bender Featured By Owner Aug 27, 2014   Photographer
Thank you so much Carolyn. I just so angry with all of this.:hug:

I'm so sorry that happened to you but I'm not surprised. It's great that you have someone who can translate it for you.
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