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when another seller steal your art...

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I think if the image is the original that you only have colored a bit ... until then, I see logical that if the photo is public domain, other seller can use it for their work and sell it. But, as I have observed in your images, you have worked with the photoshop, because it is obvious that the images are worked, then that variation you've done, it belongs to you, the work that you've added you have copyright.
I'll have to agree with Betty LaBamba from page 2... you retouched it and put your effort into it.

Skip contacting the seller and contact Etsy directly through their copyright infringement link. Provide the info they require and the seller's item will be deactivated until it is changed. Etsy will contact the seller on your behalf and let them know of your claim. It's the easier, cleanest way to take care of the issue.
Etsy won't do anything....at least my issues were not addressed. Good luck with whatever you decide.

As to using images illegally...I am very careful to purchase images listed as public domain and royalty free and I do my best to ensure that copyright has expired. I have never been asked to remove anything but I would if asked and proof was given of infringement. I also keep written record of my purchases and terms of use, plus copies of the correspondence with the owner/ seller of the images...unless of course they are my own.
you may want to contact a small business lawyer about this. i have not used one lately, but when i did go to one the prices were reasonable. it would just be a consultation to discuss this one issue.

you might also google copyright photo restoration alteration and see if you find anything.

off the cuff i would say it is my opinion just to color would not really be copyrightable but if you add something unique in terms of your own decoration that would be.

they could go back and either offer the original photos and/or add their own touchups/design but i wouldn't think they could take your work and pass it off as their own.

how did they get your original digital files? bought them from you? maybe you should go to print, that way you keep your files.
hey madeleine,

i'll bet there's a way to make them "substantially altered" - you could do some kind of custom decoration to make them "your own" - add a poem, matte with special art, etc.
anne...I have subastntially altered mine..and they are stolen often. I can't afford an attorney. I am following this closely as I would love to know what to do as well but in talking with other digital artists...this seems to be a common issue.

I am working on offering only original photos in my shop, altering my own vintage phtoos, but in the end, once they are out of my hands it will be nearly impossible to monitor what people do with them...unless plan to sue everyone.

I anxiously await solutions to this issue.
Hi..
all of you that has participate in this thread..I think all of us has learned something of this..
In my shop the goal is not always to make them as clear as possible..sometimes,very often I do the opposite..make them look older and more torned then the original..The whole purpose is to make the best in my knowledge out of that postcard that I have in my hand.

So most of my photos is heavenly changed in ways you might think is natural aged..that is my way of putting years inte some of those photos..

So those hours and many years of experience designing both in the digital world and my profession is what I put into every photo I alter.

But I do of course want people to use those in their own art as an inspiration when the create. Thats why I sell them here at Etsy. The only restriction for me is like MsAlisEmporium said..

You may use these for altered art and collage, but not sell as a digital image alone or in any collection..

That is fair to the buyer..The WANT to work and do their own art with the images..

But for letting the ones that think that those picture is just altered here and there its much more that that.. They are treated like a beautiful peace every one of them..And the thing you might think is from the original postcard could even be me that wanted you to think that...

so many scraps on many photographs... are me altering them cause I wanted that look on just that specific photograph. And many of them I delete the marks and scraps..BUT all of them I work very hard to get the best enhancement that in my knowledge that is possible..for you to get the best print experience there is..and the image sizes is VERY LARGE..
My goal with selling those is for my own pleasure to work on them...

With all those wonderful artist that has being involved it has been really interesting and felt wonderfull that we tried to help each other out here what is right and not..

I am happy that we can still have those beauties of old vintage photo around us.. I JUST LOVE THOSE INNOCENT BEAUTIES FROM THAT TIME PERIOD...I hope my work and my images will make somebodys day more enlighted..

Thanks again for all this interest in this matter..
I am so pleased that I brought this question up on this thread..

....Sunday morning here and my puppy are looking for my attention now..
time to go for a sunny sunday walk...

Hugs from madeleine


Hmm I work in a museum, and we scan in a lot of old books...and from what I understand you still have copyright to the actual scanned image even though it's 'pubic domain', so a person can find the same image in the original printed journal/book and do whatever they want with it, but they can't take your scanned copy and use it. It's all rather ridiculous :)
HI Honeycup..first let me say that your shop was absolutely amazing art you had there..you are a tru artist..It made me smile many times whiles I wandering around there...
and you made me feeling better after your research regarding those vintage images..or whatever ephemera people choose to make art from..
I also do a lot of photograph from my ephemera paper and laces and all kind of vintage or antique items which I then later use in my other art..for digital download or sometimes in printable form in my country..hard to send overseas ..
I wish you a great day and continue the unique artwork you are doing ....
always make me feel great to see someone that has done something that I never have seen anywhere before..lovely shop..
Cheers..Madeleine

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