What happens when you find a site where your work is being given away without your permission? Where someone has altered it without asking first? Where credit is not given to you on any page?

 As an original artist, you need to protect your work actively. If you find instances of misuse, take action. There are ways you can help yourself. Even if you are by nature not a confrontational person, it is still important for you to make a stand for your rights.

Write to the webmaster.

 When you find a site where your graphics are being used in any way contrary to your terms of use, the first thing to do is to email the webmaster. In your letter, state your case clearly. Tell the webmaster which graphics you are referring to, on which pages they are displayed, and what action you wish him or her to take. Be polite but firm. After sending the email, wait up to a week. If you do not receive a response, send a second letter reiterating your case. Include a copy of your first email.

Inform the webmaster's ISP or homepage provider.

 If you do not get a response after your second email, send a third letter. Include copies of your first and second emails. Tell the webmaster that you need a reply within a specified number of days (you decide how long you wish to wait), failing which you will approach his or her ISP and/or homepage provider to record your grievances. If the webmaster continues to ignore you or refuses to co-operate and remove your work or give due credit, write an email to his or her ISP and/or homepage provider. Inform that your copyright has been infringed upon. Give specific details. Ask for a reply.

Consider your legal options.

 As a last resort, you may wish to consider filing a lawsuit.

 When dealing with instances of misuse, always keep paper as well as electronic copies of your correspondence with the webmaster. Make screen captures of those pages where your work is being displayed in ways contrary to your terms of use. If the webmaster flames you or sends you abusive email, write to his or her ISP and/or email service provider. Always enclose a copy of the offending email when you are reporting the abuse.

 No one enjoys reporting someone else to his or her ISP over the misuse of graphics. But for the artist community to gain respect and credibility, artists need to stand behind their own terms of use. Protecting your work is your right. A confrontation does not have to be an unpleasant experience.

Most webmasters will comply with your wishes when they are clearly explained. Stick to the facts. Offer choices. Do not pass personal comments on the webmaster's character or personality. If you do not know how to write such a letter to a webmaster who is not using your work properly, below is a sample. Feel free to adapt it.

 Dear (Name)

 My name is (Name). I am the creator of the graphics site (Name). You will find it at (URL). It has come to my attention that my graphics are being used on your website in ways that are contrary to my terms of use.

These graphics are being used without credit on your page at (URL).

filename1.gif
filename2.gif
filename3.gif
filename4.gif
filename5.gif

 Please add a credit link to my site if you wish to continue using these graphics. If you do not find my terms of use agreeable, please remove my work from your pages. If there is anything regarding my terms of use that you do not understand, please ask me, I will provide clarification.

 I look forward to your reply.

Yours sincerely,
(Name)
 

Original artist Chris Stern has excellent letter drafts, too, for writing to someone who has not given you credit or someone who is using your personal graphics or is giving away your graphics in a collection.

R.I.G.H.T.S. Redistribution In Graphics Has To Stop
For more useful links on copyright information, please check our FAQ page.

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