HDs on e621
11 years ago
I don't know who it is e621.net, but it is definitely not my commissioner upload the original picture which is a violation of my ToS uploading the High-Res version of my finished products. It should be your private own instead, not going in public. The original commissioner
noted me about this presence which takes place [here]
I registered an account there to take care of a report, but the site does not let me do it because I can't perform such action within 3 days past registration. Beautiful!
Whoever has an older registration, please help me to take it down. The guy called "Kayroo" there is a fake user.
Be warned! If you ever experience a HD picture upload outside the name Jackrow, I DID NOT, NEITHER WILL give permission to upload high-resolution pictures of my artwork be uploaded anywhere. Feel free to smash a report whenever you see something like that.
Why do I make a biggie out of this? Sure you might love to get a HD one day, but if you do give it away public, you might just ruin something by giving an advantage for art-thieves who lurks there all the time, and their primary target is such treasures, claiming one day they did it, and I just steal it, which is just going to be so cute. Believe me, it really happened to a lot of fellow artist in my country way too many damn times.
[EDIT] (10.29.2014 - 21:31 UTC+1)
Topic is closed, any further discussion below my line will be ignored.

I registered an account there to take care of a report, but the site does not let me do it because I can't perform such action within 3 days past registration. Beautiful!
Whoever has an older registration, please help me to take it down. The guy called "Kayroo" there is a fake user.
Be warned! If you ever experience a HD picture upload outside the name Jackrow, I DID NOT, NEITHER WILL give permission to upload high-resolution pictures of my artwork be uploaded anywhere. Feel free to smash a report whenever you see something like that.
Why do I make a biggie out of this? Sure you might love to get a HD one day, but if you do give it away public, you might just ruin something by giving an advantage for art-thieves who lurks there all the time, and their primary target is such treasures, claiming one day they did it, and I just steal it, which is just going to be so cute. Believe me, it really happened to a lot of fellow artist in my country way too many damn times.
[EDIT] (10.29.2014 - 21:31 UTC+1)
Topic is closed, any further discussion below my line will be ignored.
It should be noted that copyright law would place ownership of a commission (including distribution rights) jointly to both you, AND the owner of the character(s) and other content in said commission. So while you can try to tell them what they can and can't do with the image, they are legally entitled to do the same. A ToS is not legally binding if it waives this right, in any country which participates in a WIPO (World Intellectual Property Organizations). This is the case because it was deemed unacceptable that you would have to waive your right to your own intellectual property to have it produced through another party. So the only way to limit or waive distribution rights to someone else's IP is with a signed contract expressly giving you said permission and forfeiting their own. (Legally in some countries such as the US and UK, this would also mean that for all intents and purposes, you are passing on the IP.)
To put it in simpler terms;
A commissioner can redistribute an image made for them, by you, legally and there's nothing you can do, because it is THEIR commission. You drew it but if it contains their character, then it is equally their property to do with as they wish. You could not sue for monetary damages or for an injunction to make them stop, because you do not own the character.
If you want to control how your art is distributed, you must refrain from drawing intellectual property (such as characters) that you do not own.
Sorry, but that's just the way it is. You can't draw someone else's character, then tell them what they can and can't do with it.
However, while Wolfbeast would love to continue his delusion that the commissioner has zero rights to an image they paid for he is of course woefully wrong as I've done this dance at the corporate level in my previous job dealing with copyright claims in Kindle books and graphic novels. ^_- I would argue our legal team at Amazon trumps his interpretation of copyright law. Very likely he's going off a few reports of small claims judges who went in favor of the artist. It's also worth noting that small claims court is a very informal court and the judge/commissioner has an unusual amount of leeway in how the law is applied. You can be completely in the right and still manage to lose but that is also why they allow appeals to superior court which is a formal court and the interpretation of the law is more strict and lawyers are generally involved. But yes, if a commissioner chooses to share out the full resolution image the artist's most realistic remedy is simply to blacklist the commissioner from future commissions. That of course might be a bad move as well if the work was simply leaked by someone the commissioner trusted to share it. It's quite foolish to implement sharing restrictions on art that was paid for because quite frankly I share high res versions of my commissions with whoever I please. The shared copyright of course doesn't extend to commercial use by default. Wolfbeast did actually get that right because a signed agreement is needed to make that agreement to share/transfer commercial rights to the commissioner. Thus making the work done under the "Work for Hire" clause of copyright law.
As far as getting the work removed online the artist can try a DMCA claim if the servers are within the United States where the DMCA applies. However, enforcing one if the administration is non-compliant again costly as it requires going through the formal court process in a federal court which is not cheap. It's quite expensive "policing" copyrights and when it comes to non-commercial works it's generally not even worth the expense. Furthermore, the court values its time and something as frivolous as a high resolution version of artwork being uploaded and not merely a lower resolution version of it is generally going to be frowned up on by the judge.
Art theft of course, the folly of someone claiming work as their own when clearly the won't be able to reproduce the results, isn't as big of a threat as fellow artists are making it out to be. It's an annoyance, absolutely. Is it criminally punishable? Depends on the damages caused if any. Oh and here is a big kicker too. The copyright MUST be registered in order to sue for damages. Registration is not required for it's basic protections such as enforcing a cease and desist order but you won't be able to dig into their pocketbook. I'm fairly certain that artists in general on this site do not bother with paying the registration fees to have something like furry porn be a registered copyright. But art thieves will modify things as they see fit. It's been going on for a very long time and as technology advances it will simply become easier. For example up-scaling images is much more advanced than it was just a few years ago. The latest version of Photoshop CC does an exceptionally amazing job at it.
But yes, the hat trick comes into play when you are dealing with someone else's property in the image. Of course there are also artists out there who make the silly claim a character can only be trademarked, not copyrighted. This again is false. Consult a proper copyright lawyer with a successful track record and they'll let you know it's in fact very much possible so long as the character itself is unique and not something generic or a blatant rip off of someone else's IP (like the Pokemon derived characters that are common here.) The law itself isn't as complicated as people think but the situations can become quite sticky.
All and all it's really quite sad when an artist will go out of their way to complicate things for a commissioner all on the fear of art theft. This is why a large audience and a distinct style is more helpful and less costly than policing the works.
They have an official takedown policy and submission form (instead of commenting, THAT is what you should do)
https://e621.net/static/takedown
This is provided you contact and have your name added to the list.
it's a copypaste job.
It should be noted that copyright law would place ownership of a commission (including distribution rights) jointly to both you, AND the owner of the character(s) and other content in said commission. So while you can try to tell them what they can and can't do with the image, they are legally entitled to do the same. A ToS is not legally binding if it waives this right, in any country which participates in a WIPO (World Intellectual Property Organizations). This is the case because it was deemed unacceptable that you would have to waive your right to your own intellectual property to have it produced through another party. So the only way to limit or waive distribution rights to someone else's IP is with a signed contract expressly giving you said permission and forfeiting their own. (Legally in some countries such as the US and UK, this would also mean that for all intents and purposes, you are passing on the IP.)
To put it in simpler terms;
A commissioner can redistribute an image made for them, by you, legally and there's nothing you can do, because it is THEIR commission. You drew it but if it contains their character, then it is equally their property to do with as they wish. You could not sue for monetary damages or for an injunction to make them stop, because you do not own the character.
If you want to control how your art is distributed, you must refrain from drawing intellectual property (such as characters) that you do not own.
Sorry, but that's just the way it is. You can't draw someone else's character, then tell them what they can and can't do with it.
Unless copyright was transferred to the commissioner, it rests with the artist.
http://www.mpba.com/blog/washington.....apy-practices/
http://ownersrightsinitiative.org/media/
https://en.wikipedia.org/wiki/First-sale_doctrine
http://www.ncbi.nlm.nih.gov/pmc/art.....es/PMC3674765/
Also:
There is no license as per the own artist's ToS. Therefore transfer of ownership was initiated via the First Sale Doctrine.
The rights weren't sold. The property wasn't sold! Only the service was. The service to create a commissioned piece.
So you can throw as many links at me as you want about implied transfer of ownership when there's an unspecified license in a sale of a physical item, but it simply doesn't apply here.
I understand you don't agree with this and feel that it is wrong- and, often times, it is very morally disgusting. However, the law is the law, and you can't simply argue it away with semantics or emotions. It's a firmly established, written, publicly accessible, well understood fact.
There are roughly three modes you can get a commission: 1. request the artist to create and license the use of the result, 2. request the product, 3. hire the artist to perform a service.
Only in case 1 the artist retains full rights to the picture, and the terms of the license may restrict what the buyer can or can't do.
Here we have the case 2, purchase of goods, with shared copyright. The artist can still distribute the copies, but can't prevent the buyer from doing so.
In case 3, which you implied is the case here, the situation is even worse as the work contract involves full transfer of copyrights. Creating art as service is the how artists hired at commercial agencies or creating art for games or movies work. They don't retain any copyright, it's fully transferred onto the employer.
But, well, duh, supposedly it's me who has no clue about copyright.
JP Morgan would be proud. "i'd rather think of lawyers as advizing me HOW to do what i want to do". sick but true.
Libel has been pushed and won on less. Just look at every US election.. half a dozen or more cases pop up every fucking election over the absolute dumbest, most inane bullshit.
Now go away creep. Stop causing more drama.
P.S. No idea what petreonists are, i'm not much into the fa community lately, just visit here now and then
Sorry for english.
Also be sure to read my other posts, because you're wrong about your definition of 'stealing' when it comes to commissions.
It's really quite sad to see people that worried about art theft that a mere 5,000 x 3,535 image is a cause of concern for art theft when art thieves have been doing that with much smaller files for a very long time. Tell you what though it does look quite nice on my 60" screen as opposed to the lower res version. It's a shame this artist seems to now be going in the direction of not giving clients a high res copy. Hopefully that will be reconsidered or people are made aware they will be spending quite a bit of money for a low resolution piece of art simply based on the artist's fear of potential art theft.
It's also worth noting that the artist appears to be in Hungary whose copyright law appears to have some differences to US copyright law. I've spent more time than I care to on this topic because simply put...an artist that worries this much about high res images can work out to the benefit of other artists as far is snagging up more business goes. So if e61 chooses not to remove the image I doubt there's much of a legal threat to them given the vast expense of suing internationally. It's costly enough just doing it domestically.
I've reviewed the TOS as well and it's not spelled out crystal clear that the high resolution version is not to be uploaded at all because generally speaking "private use" does have a broad definition in copyright law in general. Private use can be for example using an account on social media to share it out. However, this little nugget of info is a cause for concern:
"I am quite tolerant a person myself, but an insulting manner will not be tolerated. The first sign of
insulting my person will result in the closure of communication and the removal of the order from
the list without any warning. This action will not constitute a refund."
The EU is VERY oriented toward customer protections as Amazon, Microsoft, Apple and Google are quite aware of. That last little bit of " no refunds" if the artist feels personally insulted I suspect is quite illegal even in the EU. It certainly would not fly here in the US and all it takes is one little complaint to PayPal to resolve that nonsense.
It's quite frustrating really. I had planned on commissioning this artist in the future but I do share out my high res versions with friends and I cannot stop them from sharing it out if they really wanted to. I see no problem with it because art theft is a reality just as software piracy is for software makers and music piracy.... well you get the idea. ^_- But that coupled with their own TOS as someone that feels entitled to keep someone's money because they choose to cancel a commission because they feel insulted well.. that's just bad business over all and not all that wise to enter into a business transaction with such a person. But that is only my personal opinion anyway.
But some countries don't participate at all, such as China, and only respect *registered* copyright (unlike the US where it's automatically copyright, but registration is wise to establish precedent and protections), registered IN China, approved BY the Chinese property rights comission, and only applicable IN China, TO Chinese citizens BY Chinese organizations. It's... a real fucking mess, and the exact reason China produces well over 90% of the world's counterfeit goods.
China really should learn to be more of a part of the international community in general. Would make things a lot better all around.
Judging by this link, you are correct, and the artist's refund policy is illegal.
I can sympathize here, as I used to have a flat 'no refunds' policy in place after people were issuing Paypal chargebacks after they'd screencapped my stream showing the final image, demanding refunds due to me having a busy workweek and taking longer than 7 days to get things done, and simply changing their mind and needing the money back when I'd already completed half of the work. It's hard to know that people can demand their money back for reasons that may be inconvenient to me. However, as a professional, it's important that the artist figure out what is and is not legal, because small claims court IS a thing that exists and can be used to absolutely destroy the life and livelihood of people who don't research basic legal rights and requirements of both seller and buyer before getting into business.
Small claims courts are good and they're rather informal too. However, you can win a small claims judgement but collecting on one is an entirely different matter since the courts will not do it nor can you be jailed for not paying it. At least in the US. It's the responsibility of the winner of the case to find the assets of the person and seize them accordingly. Plus there are exemptions that are taken into account before you can even garnish someone's assets.
As for the chargebacks. Yeah that's a very dangerous problem for businesses because of the relative ease of issuing a chargeback and bias is almost always given to the customer. Amazon's stance on it for example was if you do a chargeback, you'll be banned. Believe me I had to hear it all the time about the threats of chargebacks because a shipment was late and the customer was not willing to wait the window required for me to issue replacements or refunds. I believe PayPal for example needs to be more fair in chargeback cases especially when the artist has a defense against them. Some win but that $20 fee they hit you with burns. Especially if you end up with multiple chargebacks. I generally recommend commissioners use that against artists that simply take too long to finish work and refuse a refund but they do have a limited time window. A few people I've spoken with simply have their accounts set up to charge directly to a credit card and that extends the chargeback period to as long as 2 years depending on the issuing bank. Since it's not uncommon for furry artists to take 1+ years to finish a simple commission it's a good opportunity for someone to get their money back against a deadbeat artist. However, it needs balance against the deadbeat commissioner that like in your case abused it. A week in terms of art is a relatively small time to wait and isn't a chargeback worthy timeframe in my opinion. I agree that there are always risks in doing business and that a business must take on the risks. But the risks should be fair and reasonable and not outright have a loophole that allows for someone to win a chargeback claim so easily.
I'm having a similar problem with another artist who has outstanding quality and highly regarded but I'm going on over a year and a half while he's taken on new work and finished them before mine on a regular basis. He also was not a cheap one to commission either so.. again, I could argue and try and get a refund and wasted all that time waiting for something awesome or just let him do it and hopefully get what I paid for. One thing is certain, there is a very strong possibility I may not commission him again either. Very friendly but horrible project management skills.
That said, I am NOT a popufur, and my art is relatively sucky. So if I forget about something I tend to grovel and do twice as much work as they originally paid for if they don't ask for a refund when I eventually remember. x'D
Some artists can make thousands per pic but that's more akin to fine arts. In fine arts you can get thousands for a canvas splattered with paint if you can find the right buyer. It just depends. But realistically speaking you can get some posh non-adult art at the $200-$500 price mark and usually have it done inside of a couple of weeks. That's also why those types tend to be published too. But yeah for me I don't care how popular someone is. If I'm paying them for work and they dilly daddle on it I'll be nice and generally understanding but I didn't pay them for entertainment. I paid them to complete work. No artist should ever be held so high that they can basically shit on a commissioner and people praise it as rain during a drought. They should be held accountable and feel the same sense of groveling you feel you must. However, your feelings are in fact understandable because in the furry fandom especially it's all a popularity game it seems.
Under normal cases, I'd say worry about how the HD file got leaked, but that mystery is not much of one.
i find is a sad reality that poeple don't have the decency to just be happy with just what is provided >_> and upload without arits' premission
Sorry you had this happen. :(
Jackrow doesn't have soul ownership of the image and it's contents when it's a commission. The only way to stop this from happening is to either require a signed, in-paper Intellectual Property Rights transfer and forfeiture agreement, or stop doing commissions entirely.
And besides, no, I didn't send any art around skype or facebook, I keep them for myself. Also, this isn't the first case I got hacked, so I'm not all that surprised...
People don't get their computers hacked to steal furry porn and post it under your username. It just doesn't happen. Hacking doesn't work like it does in TV shows and movies.
Not that the original artist isn't a dummy too. The quality of the art doesn't really affect the chance that it'll be stolen or not. Those dodgy porn sites generally contain compressed-to-hell jpegs and people who upload it to galleries passing it off as their own are often caught. Tracers are generally caught too and smacked down. Stop being so paranoid, let the people who paid for your services present it how they wish, as long as it's unmodified and attributed you really shouldn't have any right to complain.
And on a sidenote, hacking surely doesn't work like in tv shows, because in most times it is not really hard and is used mainly for lulz.
Peoples' laptops don't just get randomly 'hacked' by someone who just so happens to know exactly what's on it and where to post it. If someone's going to go through it, it's gonna be for bank records, CC info, etc., not furry porn. e621 doesn't have any kind of popufur syndrome, so there's no benefit whatsoever to posting there UNLESS you are the commissioner or the artist; you were tagged accurately in the submission, and the poster didn't claim your art to be theirs. There's absolutely no reason to think that this is art theft in any way.
The commissioner was the one who uploaded this to e6. No doubt about it. The typing styles between FA and e6 match up exactly. If you do compare IP addresses, I'm 99% sure they'll match, and please keep in mind that while you can designate certain things about your IP address, you cannot just 'steal someone's IP address'. That is not how the Internet works. Posting from their IP would require a significant amount of networking between computers and wouldn't be possible without the commissioner being aware of it.
That said, this bit is just personal opinion - from artist to artist, responding to 'leaked' HD images by lowering the image quality for everyone is only going to hurt your commission base. It's tempting to get mad and punish everyone who's ever looked at, saved, or shared an HD image that you didn't want out there. But at the end of the day you're just throwing your fists against a tank that's going to roll over you anyways. Throwing a fit about it is only inciting drama, giving the guy who posted it presumably exactly what he wants - a reaction from you - so I would highly recommend that you simply shrug it off, and begin watermarking your images.
TL;DR - this wasn't 'hacked' or 'leaked', the commissioner did it on purpose for his own reasons and is lying in order to manipulate your lack of experience with the internet to perpetuate drama and deflect responsibility. Throwing a fit and punishing your TOS-reading-and-abiding customers is only going to be detrimental to you, not to the likelihood of art theft. I'm sorry you're having a rough time with this and wish you luck in the future.
Logging in on multiple computers at once is possible I am sorry to sadden you, but this is not true, since I could log in on 3 different platform at the same time. FA has that feature. Is that what you mean?
Caticus aka Kayroo who I have met sever times IRL before as well, and he is the one who I have also been playing in GW2 before seeing him on this name, and he have been using it since the release of GW2, mind you, and he have notified me just today about this issue.
I removed the picture from my gallery since we had a dispute motnhs ago when I truly felt the amount of anger behind to just result in such action, but it's still nice people still remember when I uploaded it originally.
All I can do from now on is to find a way to protect my artworks being uploaded by anyone else ever again in the near future. Just bear with me. =/
But you CAN protect yourself in a lot of ways, and more important, give yourself the ability to *force* them to take it down. That's what i'm trying to help you with, if you want it.
From what I have read, it sounds like somehow the images slipped off of Caticus computer. Weather if it was he himself that did it by accident by clicking on the wrong file, or by one of his furry buds sneaking it off of his computer while he might have ventured away from his computer for a few moments. Then when he discovered on what happened, it became a game of PYOB. "Protect Your Own Butt."
I have had personal experience of my own stuff that was supposed to have been kept private somehow slip onto the Net, by a roommate who wasn't so trust worthy, and by some who I let visit here which happened in the late 90s. From working 10 hour days one of them popped originals out of frames along with stuff that I kept more private in what I thought was in a secure location was scanned, and later on posted various places. It wasn't an easy task on getting the stuff removed, but it did happen. There are now only a few that I trust enough that I would let stay at my place when I'm not around. "I remember coming home one day to find a very gay picture that I kept hidden in the closet leaning on the foot of my bed."
I hope that you get your problem solved.
All I can say from now on that I won't be giving originals away to anyone any~ god~ damn~ ever~ again. DESU. ;)
Now when I get a commission of of someone, I respect their rules even if I don't agree with them all. Now I'm curious on why you are bothered by this? Is it taking money out of your pocket, or is it that you just don't like the site that it's posted on? Is it a copyright issue on who owns the character? Maybe I'm looking at this all wrong, but to me it would be exposing your art more for possible more commissions.
What ever the case is, I would let what happen stop you doing on what you like to do. I really enjoy looking at your works, and some how many of your images have ended up on my hard drive, and actually were backgrounds on my graphics system at times. So keep up the great work.
When art was only bought *physically*, it was much easier to be certain the original was protected.
Now in the world where are is often only digital, the only way to separate sample postings from the commissioned original is that the original is the hi-res HD version, so this must be protected and preserved by the sacred agreement between the artist and commissioner... which means it won't be redistributed unless they both agree.
I shall let everyone think what they want, gonna let the furry-drama makers continue, I don't care, I won't get a headache because of this. Blame me all you want, I know myself the best, I wouldn't lie about such things to my friends or formal friends, even if we departed because of a dispute. As it seems, people like to throw oil onto the fire, to make it burn even more. No wonder why I mostly left the "community". Peace people.
In the end, I say that whatever the original people involved decide to say should have sway over anything else anyone else says, so indeed, let the furry mill go round and round based on assumptions and just stand back.
INTERNET ARGUMENTS
No matter what you reason with, you still look like a dumb f--k
Only you know if it was a hack or not (well, you and the alleged hacker). I just mentioned what you can do in the future.
Copyright is an "author right". In this case the Author is the artist.
Unless that right was explicitly transferred to a commissioner, it remains with the artist.
So, hate to burst the bubble of some people who have commented here, but the truth of the matter is:
1) If you commission an artist, you commission their service only. You commission their time and creativity spent on creating a custom piece for you
2) The legal rights to the picture remain with the artist, even if the commissioner gets permission to publicly post it themselves.
3) Receiving a high-resolution file can and will be subject to whatever terms of service the artist decides to attach to such a picture or service hired, since it remains their property.
4) If, and ONLY if, the artist decides to transfer these rights to a commissioner, will the commissioner get the legal right to "do whatever they want with it". Usually this involves a separate, signed, agreement where the rights are transferred from the artist to someone else. Only in this case can the commissioner post, publish, or commercially use said artwork.
Please don't try to tell me otherwise, I've done this dance a few times, I know how it works. This is not an opinion.
This is also, for example, why, if you have a creative job, the employment contract pretty much always has a clause in it for immediate transferral of rights to the company you work for, for any works created as part of the job. otherwise you could deny the company the right to use what you have been hired for.
*archived, and made 3 backup drive copies... not*
Good luck drawing your own shit, dirtbags.
Sorry this happened, man.
Your joke is amazing
Thank you weird ultra-entitled dude you made my day
I've seen artists rage quit, delete fucking everything and leave. Does anyone care? Sure for about 3 days and everything turns to normal. The artists 1) comes back or 2) people go to the next cool artist on their lise.
And that's just really funny to me.
To think one is a special snowflake isn't the case, hence my statement. If you think it's funny, then you're a sad individual who still hasn't realized this in life. You're replaceable, JackCrow is replaceable, I'm replaceable. There's always going to be more talent/resources in the line.
You have my pity, and I hope for your betterment.
It's not a sad way to go through life at all. In fact it's been a very prosperous method of business for me. Most furries have your views, no wonder almost all of them are poor.