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February 20
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Hmmm... Interesting.

Journal Entry: Wed Feb 20, 2013, 5:25 PM
So this morning I receive notification from a no-reply administrative account here at dA than one of my deviations has been removed in response to a DMCA copyright violation claim.

The artwork in dispute was amusingly enough my very first auto vexeI uploaded back in 2004. A very cartoony Orange Acura RSX, based partly on a die cast toy that I took my own photograph of. The resulting art looks very little like the toy car to begin with, and was produced by a toy manufacturer that seems to be no longer in business much less offering the product for sale.

So who's the entity with the beef? Honestly, I have no idea. They're not identified in the complaint at all. The defunct toy-maker? Acura? Jeez, I've no idea. Either way, it seems that 9 years after the fact, someone is zealously defending a design that neither of them fucking make any more.

The recourse is to dispute the claim, but the process of dispute puts all the onus on me. The process states: "Under the Digital Millennium Copyright Act, a counter-notification leaves the individual or organization filing the initial claim no choice but to sue you if he/she/it disagrees with the counter-notice. THERE MAY BE SERIOUS LEGAL CONSEQUENCES IF THIS FORM IS MISUSED. We highly recommend you seek the advice of a trained copyright attorney before proceeding."

Seriously?

So some old crappy piece of art was deleted from my account. I hope the faceless, nameless, party whom I so "greatly wronged" can sleep well now.

  • Mood: Annoyed
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:iconjedimario:
Was it a Muscle Machines die-cast by chance?
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:icondangeruss:
`dangeruss Apr 13, 2013  Professional Digital Artist
yes
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:iconjedimario:
That brand was recently bought by another die-cast company. Strangely enough, it's one of the larger companies that makes very cheap cars that bought them, and they are based in Asia where copyrights are typically, shall we say, less important- as I'm sure you know. Still, I suppose that's a plausible reason. Very strange either way.
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:icondangeruss:
`dangeruss May 13, 2013  Professional Digital Artist
It was Honda America
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:iconjedimario:
Yep, still strange. Water under the bridge at this point though, keep up the good work!
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:iconarcanepawzlityrou:
=ArcanePawzLityrou Mar 18, 2013  Student Digital Artist
sounds like a dead company trying to cash in on a law suit. well played.
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:iconrandomlurker:
~randomlurker Feb 22, 2013  Hobbyist Photographer
I also got hit by this - the same law firm "Phillips Ryther & Winchester" has filed a DMCA on American Honda's behalf against, of all things, a photo of an Acura NSX concept I took at a public motor show. You are definitely not alone in this, I can't imagine what Honda/Acura think they are gaining from these actions.
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:iconrebelatoli:
Hmm, next thing you know people will be filing DMCA for a photograph of a flower or something equally as dumb
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:iconkris-burgos:
Someone linked me to this post of yours, I got the same problem too with one of my Honda designs. Seems you're not alone!
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:iconwannabemustangjockey:
I opened a ticket with dA support on this. The copyright claims come from "the law firm of PHILLIPS RYTHER & WINCHESTER representing the American Honda Motor Co inc regarding the use of their brand in your work". So apparently Honda has nothing better to do now than target people who are fans of their past products and punish them for creating artwork they don't even make money from.
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