Aeon Flux copyright volations on Ebay

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I noticed the other day that a guy on Ebay was selling Aeon Flux decals. I don't believe that these are produced under license with MTV Networks. Here is the link to the most recent auction: http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=1440705154 You can search Completed Items for more examples on Ebay. In this case, not only did this person use an image off my website for the drawing a friend of mine did as artistic interpretation of Aeon Flux (of which I hold the original inked drawing), but this person also sold a reproduction of the original Peter Chung drawing given to me when Mr. Chung last presented at MegaCon in 1997. Given that I have small reproductions on my website of these images, I guess this isn't something I can prevent unless I decide shut down my gallery. But the images are already in circulation now, so such an action would be pointless. What do all of you think? Should I even take the time to care?
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VictorV - http://www.aeonflux.org/

-- VictorV (see@website.url), June 27, 2001

Answers

Did they sell the repro of the Chung drawing as an original Chung? Because if they did I think that is terribly wrong and perhaps should be reported to Ebay or Peter or something, that's outright fraud. However the wrong is more to Peter than anyone else as he is the artist, but to make us all suffer the loss of your site, yourself included, is cruel and unusual punishment.

-- Barb e (Suesuesbeo9@cs.com), June 27, 2001.

I'd probably leave it up, considering they're already out there. Your gallery is certainly the highlight of your site, but it'd still be a great place even without it.

-- Mat Rebholz (matrebholz@yahoo.com), June 27, 2001.

Mtv holds the copyright to Aeon Flux, perhaps you should contact them.

"Unicron, if you want the connection made, you better give me a new body now!"

"YOU SHALL HAVE IT!"

- Starscream's resurrection, "Ghost in the machine"

-- Starscream (sstarscream@chaosknight.com), June 27, 2001.


Working in advertising (as both a writer and attorney), I have to deal with copyright infringement a LOT (more than I'd like to actually). While Barb is right about the P.C. reproduction sale harming Peter more than yourself, it might be good of you to leave a thread on this board or find some other way of notifying Peter of what has happened, because the more time passes, the colder the trail of fraud gets so to speak, it'd be harder for Peter (or his lawyers) to track the person down, and collect actual usable evidence in a court of law.

As for your friend's original artwork that I assume was copied and reproduced without his/her permission I suggest three things: 1- (and very first and foremost) - have your friend date the original that you have with the date it was created (if an exact date cannot be determined, a month and year, or simply a year will do - although the more specific information there is on the copyright the more useful a copyright will be.) It's really as simple as putting the little c with a circle around it followed by the date.

2- In addition to your site's existing disclaimer, I would add a statement about how all work, text, original artwork and images of this site are the property of the site and/or MTV networks. Unauthorized use or reproduction in any way, by any means, of any of the intellectual property found on this site will be prosecuted unless otherwise specified by expressed written consent of (yourself and/or whatever title you'd like to give yourself regarding your site) 3- After doing this you and/or your friend may want to contact legal representation to make sure that if the work is fraudulently reproduced what exactly you can do to take action against these parties. When speaking to legal representation, or when seeking it, it's considered an intellectual property case.

Unfortunately, I have learned through many cases with our clients advertising (stolen still shots from TV ads, etc.), Ebay's not going to be of much help to you. They have an extensive disclaimer that they are not responsible for fraudulent sellers, buyers or merchandise. The most you will find they are willing to do is cancel the offending person's registration. This regretably, does not keep them from re-registering with a different name and restarting the whole vicious cycle.

The lawyer you find should be able to help you collect information on this person, but if you want to expedite the process you can try to contact the person via email or whatever means available to find out things such as where they can be reached, what state they live in, etc. (please do not reveal your actual intentions behind gathering such information - to do so usually causes the person to "mysteriously vanish") Legal representation can and may prove expensive, but is worth it for the sake of an individual getting the proper credit they deserve for their work (this applies to you, your website, your friend, their artwork, and of course, Peter). You can pursue such a case yourself, but I wouldn't advise it. It requires time, a good, thorough understanding of copyright law, and above all patience to deal with the slimy kind of people that try to turn a profit off of others' hard work.

- Sorry everyone for the long post, but I think this is an important issue to all of us, and something we should be watchful of in our purchases, and to protect the quality of Aeon and other Peter Chung materials-

-- Pixi (pixiness@yahoo.com), June 27, 2001.


I am in 2 minds about this. If it is simple fan art thing then it is OK. People do that for Anime series all the time. Basically they are just producing something that a collector or fan wants. Usually that person is just a fan themselves that just wants to show some pictures off and make a bit of money at the same time.

-- William (stateofflux@yahoo.com), June 28, 2001.


I agree with WIlliam about the fan art thing, but anyone who's making money selling stickers or reproductions of someone else's work???? Hardly excusable in my book.

-- pixi (pixiness@yahoo.com), June 28, 2001.

Yes, that sounds a bit strange, taking an image of someone's website and then selling it does'nt really sound fair (or reasonable)

-- William (stateofflux@yahoo.com), June 29, 2001.

Yes, that sounds a bit strange, taking an image from someone else's website and then selling it does'nt really sound fair (or reasonable)

-- William (stateofflux@yahoo.com), June 29, 2001.

damn, I did'nt stop it in time :-)

-- William (stateofflux@yahoo.com), June 29, 2001.

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