Justyna Dorsz

Artist Life

DMCA takedown notice – form vs. email

My artwork is stolen so often that I need to send thousands of DMCA takedown notices each year.

To make the process as fast as possible, I use email templates. But most websites prefer to receive takedown notices via their forms. For example, every time I email a takedown notice to Etsy I receive an email asking me to submit future notices via their form.

Do they not realize that their form takes a few minutes to fill? Sending an email takes just a few seconds. I don’t want to waste my time filling out forms. I prefer to send emails wherever possible.

I can understand that Etsy prefers to receive filled out forms. They are easier to process. But I calculated that if I keep sending forms to Etsy, I will waste over a day of my life per year. And that’s just on Etsy. There are many more websites that I need to send takedown notices to.

If you need to send takedown notices, send them via email, instead of via form. Don’t waste more time than you need to.

Register your work

If you are an artist/designer/photographer, you likely had your art stolen and used illegally. If not, it’s just a matter of time. Every day thousands of thieves try to sell artwork they have no rights to. This is an ongoing problem, and it isn’t going away anytime soon.

But one thing that’s been changing is that more and more artists are fighting back and suing the infringers. Even if you don’t plan to sue anyone yet, you can still prepare for the future when you can invest some money in lawyers.

And the first step is to register your artwork in the US Copyright Office. You should think about it even before you publish your artwork because this way you can save a lot of money. When I started making designs, I knew nothing about registering copyright. And even when I found out about it, I still hesitated for months because I thought I couldn’t afford it..

Now, when I am finally registering my designs that are already published, I need to pay $45 for each design registration. If I’d registered them before publishing, I would have paid $85 for 10 designs.

Register your work.

We are bad at judging our own work

I made a lot of designs, and sometimes I hesitated before publishing some of them. I never know how something is going to be received. Sometimes I think, “no one is going to buy it, what’s the point”. But by now, I also know that it’s impossible to predict how well a design is going to sell.

Take this Space design as an example:

I think I first submitted it to my Threadless store, where I sent most of my designs. It wasn’t very popular. But I knew that sometimes different websites have different audiences — what might sell well on Threadless might not sell on, say, TeePublic or Redbubble, and vice versa. So I added this design to my Redbubble store. And it has been selling very well there. It’s my most popular design on Redbubble, and I often get messages from customers when they buy it. Here are some of them:

  • This is going in my husband’s space-themed reading nook for his birthday. Wonderful job guys!
  • Thank you. My future space travel buddy will love this 😉
  • Perfect for my next astronomy courses.
  • Love the simplistic design!!
  • Absolutely love this design, can’t wait to receive my phone case – thank you for your creativity!

Those are all comments from people who loved the design. And there are many more. Whenever I read the messages I am always surprised — they not only liked my art enough to buy it but they also took the time to write to me! Just imagine — had I listened to my inner voice telling me not to publish it, those people would not have an opportunity to see the design and get something they liked so much. They sometimes even thank me for creating the design, when it should be me thanking them for supporting me.

We artist notoriusly doubt ourselves. This is maybe the most accurate visualization of all this:

image
Artist: stuffman Source: the-artist-putting-a-simple-cake-next-to-a-much

$4.71

$4.71 - my earnings

The dark side of freelancing is — unstable income.

I like being an independent artist and programmer. I wouldn’t want to work in someone else’s firm. But there’s one thing that people new to freelancing have a hard time dealing with. It’s the fact that income is so unstable that some months you might not even earn anything.

I’ve already written about the fact that February is a bad month for designers. For example, one of the websites just paid me $4.71 for my designs sold during the past month.

But unstable income also means that there are months when you earn way more than you would earn in your standard employment. Remember, it just takes a while to get to that point. Don’t quit halfway.

Don’t Panic

I see a lot of artists worried about low sales these past few weeks. Don’t panic! That’s completely normal this time of year. I’ve been a designer since 2012, and it has always been like that. February and March are just very, very slow months.

Maybe this year is a bit slower than the previous ones. The pandemic impacted people’s finances, no one really has spare cash to spend on art and clothes. That being said, even if this year is worse than the last one, it’s not that much worse. I expect sales will pick up in late March.

Speaking of March, have you heard that Threadless will pay double for every regular t-shirt sold during March? That will certainly be a boost in earnings as t-shirts are the most often bought product.

If you don’t have a Threadless shop, you should start one now and start earning money. Sign up here. And read more about double earnings during March on Threadless Blog.

I hired a law firm (Update #2)

One thing that’s been on my mind recently is this whole situation with illegal sellers.

In December, I hired a lawyer and we sent requests to 19 people to stop selling my designs and pay me compensation. Recently, we’ve sent requests to 17 more people. But I’ve already found more. The most stolen one is: “Not Today”, followed by “Overthinking and also hungry”. Lately, people have been stealing my “All These Feelings” and “Vaguely Aware of Social Norms” too.

Designs stolen most often

This feels like it’s not going to ever end. As soon as we deal with illegal sellers, new ones show up. Some of the people contacted by my lawyer didn’t remove the listings with my designs. One person removed the listings, paid the compensation, and then started selling my design without permission again. All those cases will need to be resolved in court.

We have selected a few companies to sue first but one of them unexpectedly paid part of the money that they owed. That was a nice surprise — if they pay the rest, then it’s one less person to deal with.

Of all those people, the most upsetting is one company. I don’t want to say the name yet because it’s still possible that they will make it right. I used to buy clothes and shoes from them. I liked them! They are really huge — during Christmas when I visited my mom I saw their TV commercials. They can afford to hire artists and pay them. And yet, they stole two of my designs and didn’t pay me.

February is the worst month and that’s okay

If you are a freelancer, your income is often unstable. When I was starting there have been months when I didn’t earn anything, and when I did earn something, it was less than $5 a month. Now, that I have a lot of designs in my online stores, I get regular royalty payments each month, but the amounts vary wildly.

The best months are November and December when people buy gifts. Black Friday, too, has a massive impact on sales, of course. That makes up for the months when sales are lower. At the start of a new year people spent less, many probably need to rebuild their depleted savings after Christmas.

It might be scary for new designers when, in some months, they are only paid a fraction of their regular earnings. I remember it was for me. When I saw how my sales dropped in January and February I worried that it would continue. But sales always pick up in March, or April at the latest. After that, the income is fairly regular till October, when it picks up again for the next two months. And the cycle continues.

Space Botanica

You’ve probably heard that you should choose a niche for your store and that all your designs in that store should be thematically consistent. If you want to make designs with a completely different topic or style, then you should create a new store for them. When customers visit your store or see your logo, they should know what to expect.

When I was starting with designing t-shirts, I heard that too. I had a separate store for my designs with ducks — somehow that store never got popular. And another store with monsters, it didn’t get any traffic either. I also had a store named “Fox Shiver” that was supposed to be about little foxes in frozen lands. I didn’t know it was going to be as popular as it is, so I kept adding different designs to it — a lot of cats and space art. Now my store is a mess, and I might need to fix it one day. Or maybe I will leave it as is.

Here’s one of the designs that should not be in my store. It’s plants and space combined. When I made it, I only had a separate store for ducks and another one for monsters, but not a store for space designs. So I added it to my Fox Shiver store.

Space Botanica

When you decided on a niche and know what you want to draw, then that’s good. You are probably a more organized person than a lot of artists and definitely more than me. If you can’t decide on a niche, don’t worry about it. You can add all your designs to one store, and after a while, you will see what’s popular or what you like to draw the most. You can always move some designs to another store if you want to. The important thing is to create.

How to protect your art

If you create designs and submit them to online stores like Redbubble or Teepublic, you will soon find out that there are a lot of thieves. They will steal your designs and try to sell them in their own stores.

Luckily, there’s an easy way to deal with them. You have to send a Notice of Copyright Infringement (or DMCA Notice) to the website that stolen images are sold on.

So, let’s say you notice your art being sold without your permission in someone else’s store. All stores have dedicated email addresses for reporting copyright infringement.

You can find how to write a notice of copyright infringement on the Internet so I won’t repeat that here. But I will show you the template that I use for reporting stolen art. You can copy it, supply your links where indicated, and send it.

My DMCA Template

Hello,

<–Short intoduction, e.g.: My name is…, My website/porfolio … –>

The material being infringed upon:

<—Here you provide the title of your artwork that was stolen and a link to your design online, it can be on your website, or any of your stores. –>

The material that is infringing upon my intellectual property:

<— Here you provide links where your design is sold illegally –>

My data:

<–Your full name –>

<–Your address –>

<–Your phone number –>

<–Your e-mail address –>

I have a good faith belief that the content described above violates my rights described above, and that the use of such content is contrary to law.

I declare, under penalty of perjury, that the information contained in this notification is correct and accurate and that I am the owner of the rights described above.

Best regards,

<– Your full name –>

End of DMCA Template

I hired a law firm (Update #1)

My design “Not Today” is legally sold on Threadless and Hot Topic

Two weeks ago, I wrote that I had hired a law firm to help me fight illegal sellers of my design “Not Today”. Time for an update.

For a start, we sent requests to 19 sellers to stop selling my design and to pay me a small compensation.

Of those 19 sellers:

  • 18 sellers removed all the listings with my design, 1 of the sellers is still selling it.
  • 7 sellers decided to pay the compensation, which means that the matter is settled with them, and we will not sue them.
  • 12 sellers need to be sued, and we will start filing lawsuits in January. I expect I will have a lot to write about. It will take 2 to 4 years to win compensation in court, but that’s ok, I am prepared for that.

In the meantime, we found others selling my design, and we will send requests to them in January.

Also, under the previous post, someone asked me whether I can really prove that the design is mine. Yes, I can prove it, this is not going to be a problem in court.

Another possible issue would be that the sellers might claim in court that I have no proof that they had been selling my design at all. I am prepared for that too. Before my lawyer sent the requests, I had asked a notary public to authenticate the print outs of the websites where my design was sold.

I will write more as the situation develops.