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ATTN: Copyright Infringement

Sat Jan 31, 2009, 1:21 AM
Deviant Artists, this is a call to arms!

I recently discovered a new iPhone app called "Dollar Origami", from the guys at NexStudios.jp, and I was surprised to find that a picture they were using to advertise their product was none other than my TIE fighter.  My TIE fighter, lifted directly from this Deviant account. I know, right? It gets worse. Not only did they steal my TIE, but they blatantly stole the diagrams AND picture for my Dollar Koi! I'm not the only one who has been wronged by these thieves. Included in this travesty are the original instructions from both Fumiaki Kawahata(yoda) and Charles Esseltine(tank). We weren't credited, acknowledged, or even mentioned. Now this might seem rather selfish of me, but if I could ask a favor of everyone. Please, send an e-mail to info@nexstudios.jp to let them know exactly what you think of their copyright infringement. Don't swear or be vulgar, please; I really want this to be professional. I fully intend to take this up with their lawyers, because I haven't been more enraged about the theft of my work before. I really appreciate your support, and I know that together we can do something about this.

Add a Comment:
 
:iconek0s:
Ek0s Featured By Owner Feb 8, 2009  Student
what I sent:

[link]



All the info you need is right here. I suggest you remove it, credit him, and compensate him for the ones you sold.


What I recieved back


Dear Ryan:

Thanks for bringing this to our attention. We have terminated the application and the individual from our team who was responsible for the application. Please note that we are in conversations with the original artists and hope to rectify the problem shortly.

Regards,

NexStudios
Reply
:iconskyefeather:
skyefeather Featured By Owner Feb 3, 2009  Hobbyist General Artist
dammit, this is getting out of hand. i've heard of people posting stolen art on internet sites,which is bad ebnough, but this is going too far.
Reply
:iconancientofrain:
Ancientofrain Featured By Owner Feb 1, 2009
I'll admit I've linked to you or showed ppl your work by pointing them to you DA page but to flat out steal work is NOT to be tolerated.
Reply
:iconbaz135:
Baz135 Featured By Owner Jan 31, 2009  Hobbyist Photographer
Oh hey, you should update this less people continue to send e-mails
They'll probably just be like "WTF We already took it off :noes:"
...
:paranoid:
Reply
:iconkakikala:
Kakikala Featured By Owner Jan 31, 2009  Hobbyist Artisan Crafter
I can't believe they did that! I'll help you send an e-mail too! >_<
Reply
:iconiamthemonkeyhead:
iamthemonkeyhead Featured By Owner Jan 31, 2009
Email sent! Hope your case works out.
Reply
:iconmisterled:
misterled Featured By Owner Jan 31, 2009
is it a free app or are they trying to sell it?
Reply
:iconcentauran:
Centauran Featured By Owner Jan 31, 2009  Hobbyist General Artist
They stole, and now they must pay - demand a share of the profits. They cannot refuse, surely?
Reply
:iconphoneix-faerie:
Phoneix-Faerie Featured By Owner Jan 31, 2009  Hobbyist General Artist
I would like to but i dont know what i should say. I hope it gets removed!
Reply
:iconmuzski:
muzski Featured By Owner Jan 31, 2009  Hobbyist General Artist
As of now I am attaching a DA WATERMARK on ALL of my artwork. My artwork may not be worth it, but I am not giving ANY possible thief the satisfaction of stealing my artwork without due notification, payment or credit.
Reply
:iconmuzski:
muzski Featured By Owner Jan 31, 2009  Hobbyist General Artist
Hi mate. I have been to the NEX STUDIOS (Japan) website, and the app in question is now called 'Origami Madness'. What are they playing at?
Reply
:iconguardiankitsune:
GuardianKitsune Featured By Owner Jan 31, 2009
Oh my gosh, that is so wrong! They should have contacted you waaaaay before they even thought of using your work! I'm so sorry and I want to let you know that I am with you all the way. I hate it when companies just do things cuz they think they are gods or something. :(

I do hope you can get this over with soon

And just so you know, your art has inspired me to try out origami since I've never done one before. (apart from an air plane...) ^^;
:rose:
Reply
:iconandrewrothstein:
andrewrothstein Featured By Owner Jan 31, 2009  Hobbyist Photographer
Wow, that is pretty incredible. Did they really think they could steal someone's art, especially if that person is very well known on deviant art?
Reply
:iconpalaxius:
Palaxius Featured By Owner Jan 31, 2009
Hang them by their intestines!


Can I please? o.o?
Reply
Hidden by Owner
:iconkotszok:
Kotszok Featured By Owner Feb 5, 2009
Sorry to bother you, would it be too much trouble to delete the above comment? I left my email in there by mistake, I'm worried someone may get ahold of it and spam me :) Thanks in advance!
Reply
:iconkotszok:
Kotszok Featured By Owner Jan 31, 2009
Oh it's their reply at the top and my email at the bottom, sorry XD

(I'm such a genius, I erased my name top and bottom but left it out in the middle. /facepalm (feel free to delete both once you've read them, so my email's not trailing around randomly on the net, thanks)
Reply
:iconhomicidalrevolver:
Homicidalrevolver Featured By Owner Jan 31, 2009  Student Traditional Artist
That's horrible! I'll get friends to email too!
Reply
:iconbaz135:
Baz135 Featured By Owner Jan 31, 2009  Hobbyist Photographer
Hate it when companies think they can do whatever they want :X
Reply
:icondemorafairy:
DemoraFairy Featured By Owner Jan 31, 2009  Hobbyist General Artist
I can't believe this, the nerve of some people. I've emailed them and done a journal about it.
Reply
:iconisoldel:
isoldel Featured By Owner Jan 31, 2009  Hobbyist Digital Artist
If you really want to get into it with the Copyright laws, then you should take a look at at the U.S. Copyright Office Website since you, as well as DeviantArt, are in the U.S. (Link below) (Even if you weren't a U.S. citizen, dA still has to follow the U.S. copyright laws.) Good luck and I'm sure that the Apple team will get this resolved with so many people rooting for you and the laws to back it up.
[link]
Reply
:icondub-t:
Dub-T Featured By Owner Jan 31, 2009
You should demand a Cease and Desist AND Damages from previous use. I would also contact Apple.

I sent an email to the creators of this program and informed them of your situation. I am sure they will be forced to do something after this huge wave of support on your behalf. A communication has also been sent to Apple's legal department.
Reply
:iconmarkchapman:
markchapman Featured By Owner Jan 31, 2009
wow, that's horrible..

i wish you the best of luck ):
Reply
:iconmistress-jaeden:
Mistress-Jaeden Featured By Owner Jan 31, 2009  Professional Artist
I reposted it on my journal - [link] Good luck! weve had our fair share of art work stollen for avatar sites. People have absolutely no concept of right and wrong now adays....
Reply
:icon0okami:
0okami Featured By Owner Jan 31, 2009
Just curious - is it a free app or a paid app? If it's a paid app, then it's even more serious. D8
Reply
:icondiana-huang:
Diana-Huang Featured By Owner Jan 31, 2009  Professional General Artist
This is infuriating!!!
Reply
:iconorigin-ing:
origin-ing Featured By Owner Jan 31, 2009
That sucks. I'll send them the e-mail.
Reply
:iconookami-aoiro:
Ookami-Aoiro Featured By Owner Jan 31, 2009
I am sending an email! totally outlandish!
Reply
:iconninjkabat:
ninjkabat Featured By Owner Jan 31, 2009  Hobbyist General Artist
I'll be sending them an e-mail in their native language so that it looks more like people from all over the world are pissed off at them.
Reply
:iconchachai:
Chachai Featured By Owner Jan 31, 2009  Hobbyist General Artist
DA doesn't seem so much of a good idea to share arts anymore. Lots of artist had their creation taken without their permission for commercial use and that just brings for the artist to close their account on DA. Even those watermark on the creation doesn't seem to be much of a good use anymore.

I hope you get this resolve because i know how much of work you put into this and for some heartless thief to use it for their advantage is just sicken me. I will surely send them an email about what i think too!
Reply
:iconshadowtoxin:
ShadowToxin Featured By Owner Jan 31, 2009  Student General Artist
This is why i seem to constantly loose faith in humanity day after day...

This is my email:


It has recently come to my attentions that you and your company has used work that is not yours for an iPod touch application. 'Dollar Origami'

I am terribly sorry to say, but that is downright childish, preposterous, and highly highly low.

I myself am an artist, it is my future dream to have a career in this field, and whenever I see someone do something similar or like this, I grow angry. Because when the person who stole it could be learning for themselves, making something of themselves BY themselves, they go and steal.

Let me ask you this question, would you steal from your local supermarket? Would you steal from your mother? Your father? Would you steal from your best friends? No? Then why would you go and steal from another person? Is it just because that they are on the Internet, that you found it on the Internet? Let me tell you, just because it is on the Internet, does not mean that it is free game for the grubby hands of thievery to come and take. Let me tell you another thing, there is a PERSON behind the screen name, there is a living, breathing, emotion feeling human being at the other side of that name, on the other side of their computer screen. And what you have done here, with your pathetically low attempt at making a buck for yourself and your company (which I will be sure to never buy anything from, and tell everyone I know not to purchase your iPod applications) what you have done here, is the ultimate, ultimate, blow to an artist.

Why is it the ultimate blow to an artist you ask? Its like this, when an artist does their work, how a painter puts the colors on a canvass, how a drawer puts the lines on paper, and in this case, how the artist folds their creations, they put a little bit of their soul into their work, a little bit of themselves into it. You have stolen it, you have taken it away for your own selfish needs. And to that I say shame on you, shame on you. I think the saying 'What would your mother think?' would be appropriate in this conversation.

You may think that this is the way of the world, that 'oh, everyone does it' but no. You and your company could have been a noteworthy example, to ask and put forward a partnership idea for this person and his origami talents. But instead you just took, no permission, no grants, no anything. Not even a 'hey how ya doing?'

Now in truth, I hope you are happy with your deeds, I hope you are happy with your company, and the filthy money you get from this case. But be in the knowledge, actions have consequences, and you will get your due consequences.
Reply
:iconnuub-master:
nuub-master Featured By Owner Jan 31, 2009  Student General Artist
You truely are an example to us all.

may we have as much bravery and determination to attack our attackers in such a way as well.

Thank you.
Reply
:iconshadowtoxin:
ShadowToxin Featured By Owner Jan 31, 2009  Student General Artist
No problem, i just find it horrifically low that someone (and notibly someone so high up as a paid company) would stoop to this level. I woudlnt stand for seeing someone steal from the grocery store, i dont see the net as much diffrent. Just because you cant see a face, dosent mean that it isnt a person..
Reply
:iconnuub-master:
nuub-master Featured By Owner Feb 1, 2009  Student General Artist
very true.
Reply
:iconvash992:
vash992 Featured By Owner Jan 31, 2009
Count me in the purpose of DA is for artist to get recognition for there works. it's wrong of them to take with out asking in fact it's stealing. i will deffintly be sending them an email!
Reply
:icongpsc:
gpsc Featured By Owner Jan 31, 2009  Hobbyist Artisan Crafter
Maybe you should post this as a news item so that you can get a larger chunk of the dA community behind you outside of your subscribers.
Reply
:iconjun1art:
jun1art Featured By Owner Jan 31, 2009  Professional General Artist
hm,.. I don't think Japan corporate (dot.jp) is stupid enough to steal image from internet,..
You should sue them or at least give them a warning with lawyer backup.

trust me, you will win if you have good lawyer.
Reply
:iconeaglewinggallery:
EagleWingGallery Featured By Owner Jan 31, 2009
NO. dont just send them an email take them to court and make them pay you royalties for using it. either they will drop it or you will sue them. That is blatant theft by a corporate company and very sue worthy. keep this journal for proof. your timestamped upload for proof and any emails. you need a good lawyer. If you have no money get one that will take the case with no money up front. they will only do it if they know you will win. and this you cannot loose. They STOLE it from you.. The lion king used a song without permission and was sued for royalties. [link] this has happened to so many people. They owe you royalties hands down.
Reply
:icongpsc:
gpsc Featured By Owner Jan 31, 2009  Hobbyist Artisan Crafter
Well if he does sue them I'm sure us sending e-mails will help his cause. It'll show them that other people are aware of what they've done and it's not something that they can just throw legal power at and try to brush under the rug.
Reply
:iconeaglewinggallery:
EagleWingGallery Featured By Owner Jan 31, 2009
Yes gaining others support will help. He shouldnt let this go. People get royalties for advertising all the time. And MANY have sued over illegal use of their works in advertisements or movies, askin for royalties I think would be best because you know they arent going to pull it. He would make money and get his name out there. I think its only fare they pay him considering they like his work enough to steal it. Its not like apple couldn't afford it.
Reply
:iconmistercow-pnoy:
MisterCow-Pnoy Featured By Owner Jan 31, 2009
I was going to send you a link to that and ask if it was yours, but I guess you saw it first.
Reply
:iconmistercow-pnoy:
MisterCow-Pnoy Featured By Owner Jan 31, 2009
I don't know if you remember, but you were featured on Gizmodo.com a couple months back. Gizmodo also recently ran a post about the iPhone app. I just sent word to them about the infringement, and hopefully you can get the commenters of Giz to back you up in this.
Reply
:iconpaperfetish:
paperfetish Featured By Owner Jan 31, 2009
Done. I also cc'd Apple. Regardless of motivation (innocent or malicious) this is unacceptable. Both companies need to know they have either lost customers or never gotten them in the first place.

I hope this is resolved with as little cost and frustration as possible.
Reply
:iconek0s:
Ek0s Featured By Owner Jan 31, 2009  Student
Done.
Reply
:iconflufdrax:
flufdrax Featured By Owner Jan 31, 2009  Hobbyist General Artist
I am now even more disgusted with apple than I was before. They whine and cry about Microsoft "stealing" the GUI (graphical user interface) from them (when in fact both stole it from Xerox and other places), and now they go and steal from origami artists. Seems like it's a case of "We're Apple and we can do what we like with no repercussions."
Reply
:iconstargirlphotography:
stargirlphotography Featured By Owner Jan 31, 2009  Student Photographer
I emailed them. This is what I said... polite enough? lol

"Hi, i'm writing to complain that one of your iPhone applications contains artistic work that has been stolen, used without consent or credit.

The app in question is "Dollar Origami"

the artist is an Origami artist I have been a fan of for several years now. His work can be found at [link]

This is what the artist says on the matter:

"I recently discovered a new iPhone app called "Dollar Origami", from the guys at NexStudios.jp, and I was surprised to find that a picture they were using to advertise their product was none other than my TIE fighter. My TIE fighter, lifted directly from this Deviant account. I know, right? It gets worse. Not only did they steal my TIE, but they blatantly stole the diagrams AND picture for my Dollar Koi! I'm not the only one who has been wronged by these thieves. Included in this travesty are the original instructions from both Fumiaki Kawahata(yoda) and Charles Esseltine(tank). We weren't credited, acknowledged, or even mentioned."

I am a photographer so I understand firsthand the difficulties artists face in terms of protecting their work from theft.

Though I am sure you have a perfectly 'reasonable' explanation, it is more obvious that your developers used this artist's work thinking that 'he would never find out'. Any explaination otherwise as you can imagine will bring me to laugh derisively with disbelief. I am sure there are many other fans of his work emailing you similarily to this in the hope that you will not be able to ignore us and will promptly take down your application or credit and compensate the artists who have been stolen from and greatly hurt and upset.

To steal an artist's work, to them is as bad as breaking into their home and stealing priceless family items.

I hope, probably wrongly, that this matter will be sorted quickly.

Yours sincerely
Katherine Roberts"
Reply
:iconstargirlphotography:
stargirlphotography Featured By Owner Jan 31, 2009  Student Photographer
got a reply from them!

"Dear Katherine:

Please note that WON PARK, and other artists is credited in the application in information view of the application. Nonetheless we have removed the application until we clarify all copyright issues.

Please note the application is loading images from the original source so that we are simply pointing to the location on the internet where the images are. The program acts an aggregator.

Thank you.

NexStudios.jp"
Reply
:iconnuub-master:
nuub-master Featured By Owner Jan 31, 2009  Student General Artist
So the problem is resolved then?
Reply
:iconstargirlphotography:
stargirlphotography Featured By Owner Jan 31, 2009  Student Photographer
the basic jist of what they said is that they've taken the app down and are investigating if there was any copyright infringment going on.

their excuse was that the artists were credited on the 'info' view (so not in an obvious manner) and that images were loaded straight from these pages or something and that the app only collects them or something... eh yeah makes no sense to me either.

but they still didn't ask them for permission before they used the images so they deserve to give won park etc some compensation from any money they made from the app

I wouldn't say it's totally resolved.... but on the way there
Reply
:iconnuub-master:
nuub-master Featured By Owner Jan 31, 2009  Student General Artist
I guess.

I hope he(Won Park) either gets paid a bunch of money, or he(Won Park) gets paid a bunch of money, aaand they take it down/ give him(Won Park) MORE credit.
Reply
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