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UPDATE APRIL 18: Phil got back to me by email and said that the school's attorney is looking into the matter
The form letter has been removed. We have their attention.

UPDATE APRIL 18: This morning I was able to contact Phil Clampitt by phone.
He is investigating the matters and will have a reply to me by the weekend.

The Website has removed my photo but has left my name / credit up.
This morning I phoned Victoria Goff, but was only able to leave a message.
Tomorrow I will try to phone Phil Clampitt during his office hours.
No one has responded to my emails yet.
Also, edited to change "slander" to "libel". Sorry about that.
April17 by RobynRose

Fourthestatesample by RobynRose

EDIT: The article appears to be an Onion-style comedy fake report. It has nothing to do with me, but doesn't state so. Honestly, this is libelious because these are lies published next to my photo, implying that this is me. IT IS NOT ME. This is a fake article next to a stolen photo.

UPDATE: The author of this article is NOT someone named Jayce Briton. That is a pen name for Senior Communications Journalism student and Editor of the Off the Wall column, Dylan Dobson.
Dylan Dobson also has a LinkedIn profile, seeing as how he is trying to get into journalism as a field.
Dylan Dobson is supposedly an Honors Student. I'd like to see how Phillip G. Clampit, the chair of communication or Victoria Goff, the administrator of the school newspaper will feel about his honor student status after this.

  1. You did not ask to use my photo for your article.
  2. I did not give you permission to use my photo.
  3. You did not compensate me for this use of my property.
  4. You did not tell me if this was commercial use or not.
  5. You credited my name, but did not properly link to me.
  6. You did not notify me of such usage.
  7. I do NOT allow my stock to be used as clip-art. It is for art reference only.

My images are not licensed under Creative Commons, nor do they exist in the public domain.
Any download or use of my images is bound to the rules I have stated on my front page.


Phone: (920) 465-2718

Fax: (920) 465-2895

Here are some other people to contact:

Phillip G. Clampitt, Chair of Communication (Journalism falls under this)

Victoria Goff, Victoria Goff teaches journalism and advises the award-winning university newspaper, the Fourth Estate.

Waltz was placed in a barbiturate-induced coma after falling down two flights of stairs at her apartment in Schenectady, N.Y.

Waltz returned home from attending a "Lost" season three viewing party May 29, 2008. Upon entering her apartment and going to the bathroom to change out of her McCain-Palin campaign T-shirt, she noticed strange sounds coming from her bedroom. She entered the bedroom only to find her boyfriend engaged in a round of naked "Wii Fit" with the couple's next door apartment neighbor.

Waltz's family, who lives in Green Bay, had her transported to Froedtert Hospital in Milwaukee.

"I wanted to get her as far away from that man as possible," Josephine's mother, Marilynn Waltz, said. "He'd hurt her enough."

Waltz said she holds no ill will toward her ex-boyfriend for the incident.

My name is not Josephine Waltz.
I am not 30 years old.
I am not an English teacher.
I do not have / have not had a boyfriend as described here.
I have never been in a coma.
I am not a Republican.
I am not from New York.
I do not have family in Green Bay.

I never watched Lost.

These are falsehoods published in connection to my name and photo and implied to be me.
There is no statement Anywhere on the article or on the parent column "The Fourth Wall" saying that such an article is false and written for comedy purposes. There is no statement saying that use of my image is for illustrative purposes only and that I am in no way connected to the events described.
This is libel whether intentional or not. You cannot make up false statements and attach someone's face and name to the article (in this case, my internet handle Kxhara is much more well-known than my real name, and is almost more damaging because my reputation is based on that name) without implying or insinuating that that person did the things you stated. Especially with no visible disclaimer stating that events are fictional and false.

Dylan Dobson represents the institution that is his shool's newspaper and its journalism program.

The About page of the Fourth Estate states:

Fourth Estate is the award-winning student newspaper from UW-Green Bay. The mission of Fourth Estate is to provide the campus and the Green Bay community with professionally written stories, while educating students about proper journalism ethics, editing skills and written skills.

This entire situation is embarassing. To all parties. It embarasses me by making up lies and putting my face and name next to them. It embarasses Dylan Dobson because it shows, on his part, a flagrant disregard for basic copyright law and basic journalistic etiquette; the very things his newspaper tells us that it is founded on. And finally, it embarasses the entire school program by showing us that it is producing journalism students like Dylan Dobson.

I would be much more forgiving if this were a highschool newspaper or a first-year, first-semester college student. But this journalist is a senior honors student at a university. It is April, and he is about to graduate. Dylan Dobson is one step away from becoming a professional journalist. And that scares me. And it should scare you. A professional journalist should understand the importance of and respect copyright law. They should understand the difference between comedy and slander. They should take responsibility for mistakes. More importantly, they should make every effort to not make those mistakes in the first place by doing research, reading rules and asking clarifying questions. You know, journalism. If this were the real world, Dylan Dobson would be facing much harsher consequences than a very lenient $300 fine for copyright violation, libel and identity theft.

Because nothing bad ever happens from sloppy journalism.

I'd like to point to recent events involving the boston marathon bombings as an example of the potential damage my situation can do. Several false accusations were made, plastering the photos of innocent people on newspapers and circulating through forums like Reddit. Before the real suspects were identified, there were witch-hunts organized and the accused were terrified. Black and Middle Eastern people were harassed in the streets, and were threatened with violence. All because of bad reporting and newsmedia that jumped the gun. I'm not saying that my situation and this situation are the same thing. But I am saying that the practices are similar. (not asking the right questions, spreading a photo before sources are confirmed, linking an innocent person to a crime before any evidence is found) When reporters fail to follow journalistic standards, people can get seriously hurt from simple misinformation.
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MauricioKanno Featured By Owner May 21, 2013  Student Traditional Artist
This is really a shame... Sorry for you. I'm a journalist, and i know how much anti-journalism this is. The person who wrote this should be sued and suffer serious consequences in his university. I'm also angry because they take so long to answer to you and punish the guy (if they will)!
Drawerofstuff Featured By Owner May 5, 2013  Student Traditional Artist
This is why I talk a lot. To make sure nothing is violated like a law or something.
This guy needs to learn to communicate.
SlavicWolf Featured By Owner May 5, 2013  Hobbyist General Artist
This is why I use stock images form this site. Where I can read the usage rules. And since I sometimes post my homework here I can alert the stock owners.
It seems to me that your image was found using a google search and although your work is protected by copyright, there is the academic fair use exemption. Although that is US copyright law and not necessarily international law. I hope that what I have typed here makes you feel a little better.
RobynRose Featured By Owner May 5, 2013
I've made contact with the university and am waiting for their reply before I publish a final response. I'll let you guys know how everything went.
SlavicWolf Featured By Owner May 6, 2013  Hobbyist General Artist
Here's hoping that everything ends well.
erisabesu-kuro-gosai Featured By Owner May 5, 2013  Student General Artist
Hidden by Admin
RobynRose Featured By Owner May 4, 2013
FAQ #96: Can I block people from my profile page?

"PLEASE NOTE: Using alternative accounts to contact people who have blocked you on another account is considered harassment and can result in all your deviantART accounts being suspended or permanently banned."
TheDM1 Featured By Owner May 28, 2013
Wait a minute.. are you saying Cypeo started a new account specifically to leave annoying comments on your profile? Could be wrong maybe I'm misunderstanding and it's not her but (scratches head in puzzlement).. whoever it is, why create a new account (or resort to an alternative account) to continue to argue with someone? It just seems like a waste of time and energy, like the person in question has too much time on their hands.. sorry I know that seems like a pretty harsh judgement but ... it just seems like a really ODD thing to do. And yes I'm afraid this comment is directed at whoever is using the alternative account.

Far as the Cypeo comment .. I dunno man I don't see any whining here personally, just Kxhara alerting people to the situation and asking for help... an emotional outpouring about how it had "ruined her day" for example followed by how miserable it makes her feel could be construed as whining (though even in that situation I'd say she's entitled - it's HER page as she said and if she decided she wanted to post something like that I'm not going to judge her for doing so) ... but I see none of that in her journal entry above, just a statement of the facts... sorry dude , I see no whining here.
RobynRose Featured By Owner May 28, 2013
It's ok. It's been resolved. I blocked both accounts, and DA has let her know that using alternate accounts to circumnavigate a block is against policy. I hold no ill will towards them as long as they respect my wishes.
Cypeo Featured By Owner May 3, 2013  Hobbyist Digital Artist
Oh wahh.
It seems that all you do nowadays is complain about how everyone's stealing from you.
There's a difference between alerting others and asking for help, and whining.
RobynRose Featured By Owner May 3, 2013
Then why comment here? If you don't like the fact that I'm upset that people are repeatedly stealing my work for profit, and in this instance, causing me embarassment because of libel, unfollow me, block me, do whatever you need to do to not recieve notifications. But don't tell me to not be upset about what I feel wronged by. You don't dictate my reactions to things that affect me.
Hidden by Admin
RobynRose Featured By Owner May 3, 2013
1) Again, you don't get to dictate my feelings or my reaction to events.
If you don't like my stock, don't use it.
If you don't understand my rules, don't use my stock.
Part of the reason I have to constantly amend my rules and add "whiny crap" is because people can't seem to read and follow my rules. I still have the right to enforce them whether you like it or not. And I will.

2) "And I can comment here for the same reason you can vent to a world of mindless followers to see your point, as you would see them."

You don't have free speech on my page. If you feel I am being too whiney, you can unfollow, block and ignore me. And if you can't make that descision for yourself, I will make it for you. You are now blocked and forbidden from using my stock. My personal page is not a democracy, and it never was. If you wish to complain about me and my reactions to theft, do it on your own page, not mine.
sabbita Featured By Owner May 3, 2013
I don't think you've been whining. You're perfectly right, this is a journalism student who is going to be graduating, and working in the industry. If he feels that it's right to use photos without permission now, he will still feel that it's right to use photos without permission in a few months, when he is working for a professional newspaper company.
cherry-taste Featured By Owner May 3, 2013  Professional General Artist
whoa o.o
TheDM1 Featured By Owner May 2, 2013
Any more updates ? Last one was April 18th... though for all we know the U of W has put the whole thing into "limbo" and is just sitting on it as large slow bureaucratic organizations tend to do :P .. hopefully not though !
RobynRose Featured By Owner May 3, 2013
I recieved an email and phonecall from Victoria Goff, which addressed some, but not all of my concerns, and I will withhold my final statement until I can get a response.
Zhon890 Featured By Owner May 1, 2013  Student Digital Artist
If this happened at my university, the student in question would be academically suspended... Such a stupid mistake and so lazy of them to not even just simply ask and do it right.
AmethystSadachbia Featured By Owner Apr 28, 2013  Hobbyist Traditional Artist
WTF??! Isn't that what is for!? Maybe he just didn't want to pay and thought "Oh, deviantART is free. Hurp de durp de durp." What a douchecanoe!!
Kironaoftheskies Featured By Owner Apr 28, 2013  Student Photographer
Ohhhh wow. I graduated from UWGB, and there was always a lot of confusion with that column because they never, ever made it clear anywhere that it was meant to be comedy and was under no circumstances to be taken seriously. A lot of weird rumors got started there because of that column.

Basically it is a pretty terrible publication even though it's won a boatload of awards (which makes me question the quality of other college papers), so I am unfortunately not surprised, but I am also really glad you're pursuing this. The 4E could use a serious reality check on their practices.
Atobe333 Featured By Owner Apr 28, 2013  Hobbyist Digital Artist
I wish someone had print screened that article
RobynRose Featured By Owner Apr 28, 2013
I have a saved HTML copy of it and screenshots.
BauerPower24777 Featured By Owner Apr 28, 2013  Professional General Artist
It's a funny and obviously fake article. I thought you had volunteered. What a thief.

Next time, the person writing it should use their own likeness, and see how THEY like it.
TERABBS Featured By Owner Apr 28, 2013  Hobbyist Digital Artist
He wants to be a journalist, Well I guess he wants to be a tabloid journalist.
But his credibility is stained already.
Sad this happens, but might be a point of the schools to teach about this sot of matters.
As I know how positive and nice it can be if its done the right way as I had with Sharyn McCrumb.
She found a picture she wanted on her book and contacted me personally.
I still haven't got it up here on DA (the picture) but my name is on the cover sleeve and even inside the book even if on the hard cover the picture isn't featured.

The book on Amazon [link] (not intended as spam but as information link)
...Gaah that's so weird. I live in GB and I feel embarressed or ashamed (on behalf of my city) that they'd take a photo and use it without permission. I'm sorry about this whole thing, that really sucks. Geeze...and here I thought nothing exciting happened here, or that we ever made news other than about the packers -.-
toba122 Featured By Owner Apr 24, 2013
Wow! You better nail this guy! I'll be pissed personally if he doesn't get punished for this. I mean, EW! Who wants to be labeled as a McCain/Palin supporter? Not even to mention the other things it tags your face to.
MercGribern Featured By Owner Apr 23, 2013
If they continue to give you problems, let me know. My company has a contract with them, I can certainly lean on them from a business standpoint :-)
Tesa-studio Featured By Owner Apr 23, 2013  Hobbyist General Artist
hmmm, the who;e Article is awol now
imtheartisan Featured By Owner Apr 20, 2013
O o ... for real?
ADE-doodles Featured By Owner Apr 19, 2013  Professional General Artist
glad your out of the coma Kxhara

Rachopin77 Featured By Owner Apr 19, 2013
Although I definitely understand your point and feel you definitely need to be compensated for your work, I feel the student just wanted a picture to add to their article and didn't actually think anything of the person behind the picture. They just saw a picture that fit with the idea they had, so they used it, not really considering that it was an actual living breathing person. I know I've probably at one point or another just gotten a random picture off of google images or something when I wanted a photo to illustrate a point on a project, but I didn't automatically go and hunt down the photographer and ask them permission. I feel you are seeing this as a personal attack, when in reality it's probably not. It's just a student, like yourself, who wrote an article and didn't see it to be damaging. In his mind he was just using a photo. The world is so big that many kind of assume that if they come across a photo, they can use it for something like this and it won't really affect the photographer in any way. I figure he probably thought it was fine since it's not like he's claiming it's his artwork. However, I might be completely wrong, I don't know.

True, it could be considered libelous, but if it's meant to be an onion style, comedy article, I doubt that anyone would assume that the woman in the photo is actually guilty of/actually did do all of the things in the article. It would clearly be comedic. I feel you are so full of anger over it and the way that they portrayed you in a negative light, but its not really about the picture. And trying to get them in serious trouble seems like it's slightly vindictive even though I don't think the person was actually TRYING to do any harm.

I do totally agree with wanting to be compensated though. The economy's already bad enough and its hard enough to get recognized for art as it is. You clearly spend a lot of time and effort on your art and should be compensated and properly credited for it. I know that I would be annoyed and angry to see my work used but not be compensated for it, especially if it was used in a way that I don't allow (as something other than a reference.) So I completely understand that and feel they were in the wrong in that way, but I don't think it's really necessary to make them into a huge villain who stole your photo out of spite.

Sorry for the rant and I'm sorry if this offends you in some way should you read it.
RobynRose Featured By Owner Apr 19, 2013
Let me assure you that at no point did I ever see this as a personal attack. The article was never written maliciously with me specifically in mind. However, that's not where my concern lies. This was a mistake, but it's not a mistake that exists in a vaccuum.

As I said in the bottom of my journal, Dylan Dobson is one step away from becoming a professional journalist. I am concernced that he will carry into the professional world these very unprofessional practices of simply googling free images and not marking his articles as satire. Of not asking permission or notifying the person that they're in an article.

Let me give you an example: If you went to a restaurant that trained student chefs, and one of the student chefs who was about to graduate and become a real, hirable chef never washed his hands before preparing food, who cut vegetables and raw meat with the same knife, and then served you severely undercooked chicken, would you be uncomfortable?

Would you accept if that student chef was like "Oopsie Daisy, let me just take that chicken back and cook it a little more for you, no harm done."? Or would you seriously doubt that that student has learned enough and earned the responsibility of becoming a chef?

This is the issue with me. I may not have gotten salmonella poisoning from Dylan Dobson's sloppy article, but if he keeps serving raw, undercooked articles to the public, someone else will. You have to call out bad behaviour and bad practices for the sake of the community. He has to learn that it's not this specific instance that's important, it's his whole method of journalism.

I'm not interested in punishment, nor am I really that interested in the money. I am interested in sending out a generation of educated, conscientious journalists into this world who do their job correctly.
Rachopin77 Featured By Owner Apr 19, 2013
No I totally agree with you on those points. It's something he needs to learn and understand if he wants to go into that profession. It just seemed to me to be taken personally, and I always feel it adds another layer of stress and anger to things when they are taken personally without it being a personal attack.I think you are completely in the right in this situation though.
Shattered-Earth Featured By Owner Apr 19, 2013   Digital Artist
Whether or not he meant it as an attack doesn't matter, the point is that he is an adult going into journalism and he doesn't even know such simple things as asking permission to use a copyrighted photo, or to look for actual royalty free images. He doesn't have to TRY to do anything, he just doesn't understand his intended profession at all and someone needs to fix that :/
Rachopin77 Featured By Owner Apr 19, 2013
Yeah I do agree with that. Especially since that is the type of profession he's trying to go into. I guess its more of the "don't see it as a personal attack " thing I'm aiming for. It's definitely the right thing to try and let the person know that its necessary to give credit and compensation.
ADurkadur Featured By Owner Apr 18, 2013  Hobbyist Digital Artist
This is horrifying... good luck, hun! Keep us updated!
CodeAndReload Featured By Owner Apr 18, 2013
If you are communicating with the school's attorney, you probably don't need to have the example letter posted, or probably should put a strikethough through it.
RobynRose Featured By Owner Apr 18, 2013
I took the form letter down this afternoon. The remaining quotes are from their website.
phoenixleo Featured By Owner Apr 18, 2013
Good news!
Xizul Featured By Owner Apr 18, 2013  Hobbyist General Artist

I went to the site and immediately this popped up:


Your image isn't completly taken out. So, everyone who might know who you're migh actually think you're it, after seeing this small version of the picture. I'm going to E-Mail them.
Art theft is being cruel, in any way to the artist. I've read how it works in your country, in German it's seems to be easier since you actually can go against those who did it, without having the copyright registered, as it seems to be in Canada.

I hope they'll take the whole article down. Your name isn't listed up anymore, but the small version of your picture is avaible, so it's necessary they do take down the whole image or they'd an OWN image and link it there. In the worst case, if they don't do anything about it, I'd actually think about trying to report them because identity theft or calumny since people might actually think you're like this.
PocketGargoyle Featured By Owner Apr 18, 2013
Quick note, looks like the entire satire section has been pulled as of February.
"The change comes after a judge at the Associated Collegiate Press Best of the Midwest College Newspaper Convention was confused by the existence of the section"

Obviously, there are other problems with the section and the author has been slapped on the wrists. But damage has already been done and I hope that you are compensated for that. Until you get a written apology and are paid for your material, this is still a problem. Even after that, the fact that this was allowed to happen in the first place is just plain wrong.
Anyway, I am looking forward to day you can post that justice has been served. I hope you can catch a break soon.
PocketGargoyle Featured By Owner Apr 18, 2013
That's ridiculous. You don't look even close to 30.
I hope that more is done for you than just removing the picture. You should be compensated and I hope that our emails get through. Keep us up to date on the developments.
Hikaaz Featured By Owner Apr 18, 2013  Student Writer
Yet another proof that this "world of ours" is as twisted as the mind of a mad man. Such sadness....
EintoeRn Featured By Owner Apr 18, 2013  Hobbyist Photographer
elikdawson Featured By Owner Apr 18, 2013  Hobbyist Digital Artist
You should watch lost, it's pretty good
Clu-art Featured By Owner Apr 18, 2013  Hobbyist Traditional Artist
Sue them!
Starlitdragon Featured By Owner Apr 18, 2013
Yeah, I agree it's unprofessional the guy didn't read Kxhart's TOS before ripping off the picture. Bad on him.

But to everyone who thinks "Oh, I can just sue him now and get money!" - suing is not a good mechanism to rely on. Especially in this situation, where the paper is "educational" and non-commercial. Contacting the people in charge (ie. the professor) is more effective. Issuing a DMCA is more effective. Talking to the other side to privately ask them to take the image down works. This isn't directed at you personally- it's just that every time I see theft, people think contacting the local law firm and suing the wrong-doers is the first step. It's not. It's the last resort after everything else doesn't work and someone is being hurt. A case like this will not make it through the courts.

Better to take steps to protect oneself through clear watermarks and electronic pay walls, if theft is an issue. Courts ain't gonna do shit for non-commercial infringement, especially if the infringer is in another country. Jurisdiction issues make this a nightmare (the artist is in Canada, the infringer is located in the US. GLHF lol.) Of course, it depends on the case...
Clu-art Featured By Owner Apr 20, 2013  Hobbyist Traditional Artist
I don't know american law. But I have 2 german law exams. We have a different law System from the case law over there. But:
You don't have to sue somebody for Money. But at least for injunction (is that the english word?). And a "Sorry, I did a mistake" would be nice ;)

And I can't speak for her, but this would hurt me and for this I can get compensation.

The other Thing is totally clear - watermarks! As you stated.
Starlitdragon Featured By Owner Apr 21, 2013
* not to mention court fees, which can stack up. Going to law firms is expensive anywhere. Conscientious lawyers will be selective about the cases they take- or they will give the client a good idea that the cost of litigation will outweigh possible court awards to let the client decide for themselves. Shitty lawyers are like, "yah, I'll take your case where the max award is $5000 awarded once in a blue moon... most awards are $500... oh, and it will cost you $2000 for the whole thing, but you won't know til I've billed all the hours lol."
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