Just a nobody who ain’t gonna take it lying down

I am fucking PISSED OFF. I received a notice this morning that a piece of my ORIGINAL art was removed from RedBubble, due to a “copyright violation” reported. I own the original artwork that is MINE, i have in process shots of it, documentation and sketches and other venues i have shown the art in. I received no prior notice of this but for the shocking email this morning. If in fact, venues allow artists to be removed like this, with no proof from the artist, you are going to lose a lot of your artists. (Of course you DON’T get any notice beforehand: you have no recourse to defend yourself until after the “offending” work is removed.)

In all honesty, i have never HAD a sale from RedBubble, Society6, Print All Over Me, Blurb or any of the million “print on demand” sites. (Spoonflower has been okay however…) That ain’t the point though. Someone or somebody is either being nasty, or is micro-managing something that has nothing to do with them, reported my work as a trademark infringement and BOOM. It’s gone and all i can do is file a counterclaim. Sure i could completely deactivate my account—but that’s cutting off your nose and taking the ball home because no one is playing by your rules. It solves nothing, even if i’m vindicated, and do after the resolution.

*This* is the removed artwork:

“Spinal Tap”, 2011

Now, HOW THE HELL does this have anything to do with a parody band??????

SERIOUSLY???????????????????? Do you/they really think that any sale of a PRINT of MY artwork is going to affect their bottom line? How petty is that?

My artwork has NOTHING to do with the band in any way shape or form, no reference to them, no depiction, no imagery reminiscent of them, no branding, zip, zero, zilch. You know why? BECAUSE IT’S NOT ABOUT THEM, IT’S ABOUT A MEDICAL PROCEDURE AT THE LEAST, AND AT THE BEST A PIECE ABOUT *MY* SPINE. From the RedBubble site: “A NOTE ON FAIR USE: You might be able to incorporate someone else’s copyright or trademark into your own work, if you do it in such a way that that is considered “fair use” or in such a way that qualifies as another permissible use.” SO, tell me, HOW does this “hurt” the band’s trademark, image, etc????

I didn’t even use the term in a QUOTE parody, satire, critical commentary UNQUOTE use, as it has NOTHING to do with the band. Are they going to sue the Mayo Clinic, doctors, hospitals, insurance companies, etc etc etc who use/d the term? HOW do you trademark that in the first place? As stupid as a Kardassian trying to trademark Kimono for her crap underwear…………….

So, i contacted both RedBubble through their initial email, filed a counterclaim on their DMCA page, left a public message on their FB page, AND left a message on the “group/band” FB DM. If nothing is resolved, i will file a complaint with the BBB.

I’m pretty sure nothing will be resolved, but i can’t just lie down and take this. It’s the principle. In the grand scheme of things, i’m a Nobody: i have no real power, no weapon, am not enriching anyone (especially /including myself) and neither the “band” or RB will truly give a shit or fix this. Basically, i am just pissing into the wind, with no hope or realization of anything but wet pants and anger.

Still, ya gotta stand up for yourself. No one else will.

Edit: Feb 25/21 Of course i have heard nothing from RedBubble, either by email saying they were wrong, not on Twitter, not on FB, not on IG, not by any private message, phone call or letter. I have subsequently filed a complaint with the Better Business Bureau (which won’t show for 5 days from this date apparently so they can make sure i’m not all sweary and troll-y…..).

Their post says this: “We’re still coming to terms with life after Schitt’s Creek. Thankfully, @bexrocks has got our back with these awesome hand lettered quotes. We’ve partnered with ITV studios so you can have your Schitt’s Creek fan art officially licensed to sell on Redbubble.” Well, that’s all fine and dandy BUT I DIDN’T USE ANYTHING TO DO WITH THE DAMN BAND, so why should i/anyone pay for license agreements????????????????

14 responses to “Just a nobody who ain’t gonna take it lying down

  1. Crazy times. I’ve had my share of pissing into the wind and mostly does no good. Sometimes it matters. You never know.
    Music is another thing that is getting taken out even if an original piece has a few bars that sounds similar to a published work. In fact, the algorithms are so strong that police have taken to playing a popular song on their mobile phones while they are being videotaped out in public in order to not have the feed able to be live-streamed or posted on SM.
    Posting here is a good way to get it out of your system… xo

    Liked by 2 people

    • It’s one thing when it IS a direct violation or infringement (as i know you’ve had to deal with this yourself), another thing entirely when it’s so obvious and so obviously PETTY! I just find it so sad that someone would go to such lengths to be so mean spirited. I may be mouthy, but i’ve never lied about what i’ve bitched about 🙂

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  2. That’s one of the most ridiculous things I have heard in a long time! Nobody owns the words ‘spinal tap’…..it is a medical procedure.
    Tell them off! Piss in the wind! Make waves! We have only ourselves to stand up for ourselves……the world is getting crazier and crazier.

    Liked by 1 person

    • It’s a tiny tumbleweed of a complaint, i’m sure they’re thinking—but obviously important enough for them to remove too, yes? I do wonder who else may have had this happen for similar “Stoopid with a Capitol 9” reasons…………… (my son’s verbal illustration for extreme stupidity…..)

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  3. Does anyone see the irony in a complaint about possibly copying something from a parody band? Or am I way off track here? Maybe I need to be even more careful with my collages.

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    • I know! It’s just plain stupid to begin with. I really want to see the copyright violation filings they’ve done against surgeons, the Mayo Clinic and anyone who shows pictures of their actual medical procedures. Petty *and* litigious = stoopid, with nothing better to do.

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  4. Gee Arlee … I’ve been way off in space ! Had no idea this had happened to you … my bad !
    If anyone can make any headway in a fight like this I’m sure it would be you !
    So sorry … and is their music any good ?? Am I too old to know better ?
    I can see somebody sitting in a dark room searching for ‘words’ on the internet and reporting and getting pittance for the work … is this how copywriting works ??
    Glad your poor dog is on the mend !
    Spring is almost here !!

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    • They were “good” at what they did, being a spoof/parody band mocking and making fun of the era of the rockstar with egos, lifestyle and “philosophies”. You can see bits of their parody movie and their songs in various places online. I suspect whomever reported my work was part of the company that *they* have sued for being ripped off for royalties, mismanagement and bilking them of their rights. That being said, it’s not one of my fave movies or “bands”.

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