On Monday Nov. 18, 2013 I was scrolling through a Newsfeed on my FB page and came across a piece of artwork that I thought was mine bc it looked almost EXACTLY like my artwork. When I looked to see who had posted the artwork it was another artist that was 'friends with me on facebook' and her pieces of work looked very similar to mine almost to a 'T'. I have pictures and screen shot of her posts on her business page that she had posted and removed, and I also have other screen shot posts and copies in my email as well with the artist stating I am 'slandering/harassing' her as well as private chats between both of us on her side of the story and mine. She is threatening legal action against me when all I did was call her out on my personal social media page stating that I feel that the artist had copied my work and that I was upset about it and wanted to get opinions from my customers if they would be upset as well. I have comparison photos of my work and her work, but she had removed the post but admits the work is hers that I saved the pictures from. I had posted to the 'Group' we were in stating I was leaving and that I was removing 'friends' no names were mentioned who because I felt that a few members plagiarized my original ideas to then take my design and mimic it to sell benefiting from my design without giving me credit to where she got her idea from. I also have in the private message she sent me via facebook that she had seen my design but acknowledges to not seeing one of my designs, also screen shot proving she had seen a post that included all of my designs from my artwork. I have thus banned her from being on my FB page where my artwork is displayed. Does she have any legal action against me whatsoever if I commented on my own personal pages warning my customers to not purchase art from her bc she is 'design pirating' others artwork. Is that not considered freedom of speech and giving my personal opinion as well as comparison proof on why I would not support this artist. Also I was wondering if I could send you screen shots, the photos, and her posts on her page?
Under the copyright law, an artist is protected as soon as his or her original work is "fixated in a tangible medium," that means, as soon as the brush hits the canvas. The basic requirement for obtaining copyrights is originality. An artist can only get copyrights in his or her original expression, i.e., that which originates from the artist and is not copied from someone or something else.
Increasing the circulation of your work legally does not erode your copyrights. It does not mean someone is more entitled to copy your work. In fact, one could say it increases your rights. To sue someone for copyright infringement, you could prove an accused person copied your work by showing (1) a substantial similarity between your work and theirs and (2) access to your work. An increased circulation of your work, through the Internet or otherwise, could make it easier for you to prove access.
Under the copyright law, an artist is protected as soon as his or her original work is "fixated in a tangible medium," that means, as soon as the brush hits the canvas. The basic requirement for obtaining copyrights is originality. An artist can only get copyrights in his or her original expression, i.e., that which originates from the artist and is not copied from someone or something else.
Increasing the circulation of your work legally does not erode your copyrights. It does not mean someone is more entitled to copy your work. In fact, one could say it increases your rights. To sue someone for copyright infringement, you could prove an accused person copied your work by showing (1) a substantial similarity between your work and theirs and (2) access to your work. An increased circulation of your work, through the Internet or otherwise, could make it easier for you to prove access.
