The following information is intended as a guide only and should not be considered a substitute for legal advice.

 

A few points to remember:

1. Remain calm and rational. Whilst it is hurtful to have your dolls and pixel art treated as “clip art”, remember to keep it in perspective. In many cases, the people who take pixel art for their own use are merely ignorant of the rules and are not deliberately trying to cause you harm.

2. Internet Service Providers, web hosts and providers of other online services have rules in relation to copyright works. You can usually find useful information and contact details under “terms and conditions” or “legal information”. If you do not wish to contact the person concerned, you could contact the service provider directly.

If you wish to contact the person or website concerned, you might take the following steps.

STEP ONE
If an email address is available, send an email to the person or website concerned. For computer security purposes, it would be wise to use a web-based email address such as Yahoo or Hotmail for this email.
When writing a letter it is important not to make unjustified threats (“I’ll take you to court!”) or to be rude or threatening - keep the letter firm, but professional. When referring to your works in the letter, you should include as much information as possible, such as the date of creation, or a link to the work on your website, Deviant Art account or similar.

What to include in your letter:
1. A statement that you are the owner of the works, a link to the original works, and the date that the works were created (if you know it).

2. A statement that you did not give permission for your works to be used in the manner concerned (e.g., as a blinkie or signature), and that this use amounts to infringement of your copyright.

3. A polite request that the works be removed from the website within a deadline (for example, 72 hours).

4. Your name and a place to contact you (an email address is sufficient – remember that internet safety rules still apply!)

STEP TWO
After sending a letter and giving a deadline, check the website after the deadline has expired to see if the works have been removed. If they have been removed, send the person an email thanking them for complying with your request. If the works have not been removed, you may wish to send a second email.

What to include in your second email:

1. Refer to your previous email by date
2. Again request politely that the works are removed within a deadline (72 hours is sufficient)
3. A statement that if the works are not removed within the deadline, you will contact the web host or service provider concerned to report the matter.

Bear in mind that some individuals might feel threatened and become defensive upon receiving a letter like this, particularly if they are aware that what they are doing is wrong. If a reply to your reasonable request is abusive or rude, do not take it personally and above all, do not respond to it – merely proceed to step three and keep copies of all emails in case the service provider or web host requests them.

STEP THREE
If your second letter is not successful, you will need to decide whether you wish to report the matter to the service provider (such as a web host or similar). In the case of a web host, you can find out which company hosts a site by going to http://www.whois.net. Enter the domain name in the domain name field and the web host be listed in the “whois” information.

Most web hosts are very strict about taking complaints of copyright infringement. For this reason, be sure to read all the terms and conditions carefully, and to provide all the information requested by the provider. You can find the necessary contact details under “terms and conditions” or “legal information” on most websites.