Commissioner wants to sue me for uploading my art on Derpibooru

Evomanaphy

keeper of freckles

So I got treatened with a legal suit today because I uploaded some of my older art to Derpibooru and the commissioner said he was gonna sue me for that because I’m not allowed to? I’m actually the creator of the artworks, the copyright still belongs to me and I haven’t sold it to the commissioner. He insists that we would have made a contract where it was said that I wasn’t allowed to upload my art here because he hates the Mods of Derpibooru, but there was literally no such contract, I just respect his wish for not having it uploaded just like I usually do when people want a commission to stay private, but he started insulting me and my work in general with a few friends a few weeks ago, some of them even threatened to beat me up so I decided that I won’t respect his wishes any longer if he shits on me on a daily base anyways. Also funnily enough he was always fine with me posting my stuff anywhere else except derpibooru.

Some more background information: He literally started all this because I blacklisted him after he refused to pay a total of 450€ for 12 finished commission pictures for 9 months and also wanted to sue me so he wouldn’t have to pay. I got my money after all and blacklisted him like I said because I really didn’t want to chase my money for months again this was roughly a year ago. After he recently found out that I blacklisted him and won’t accept any commissions from him anymore (also for a few personal reasons), he went mad and all this has been going on for roughly a month now.

Any advice on my situation?

Posted 7 years ago Report

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The Smiling Pony

( ͠° ͟ʖ ͡° )

@Evomanaphy
File a police report. Guy’s harassing you, has threatened you, and if he manages to find a lawyer that doesn’t laugh in his face, an existing police report about the guy will put him in fairly poor light.

If he sues, you’re the owner of your work. He didn’t pay for exclusive rights of the image, he paid for it to be made. Even if you explicitly signed away copyright, you retain author’s right.

[

§ 12 Veröffentlichungsrecht

(1) Der Urheber hat das Recht zu bestimmen, ob und wie sein Werk zu veröffentlichen ist.
(2) Dem Urheber ist es vorbehalten, den Inhalt seines Werkes öffentlich mitzuteilen oder zu beschreiben, solange weder das Werk noch der wesentliche Inhalt oder eine Beschreibung des Werkes mit seiner Zustimmung veröffentlicht ist.

](http://www.verbraucherschutzstelle.de/urhebergesetz.htm)

Also this sounds like RK9.

And seriously, go to the police. Threats are taken seriously.

Posted 7 years ago Report
Edited 7 years ago

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Joey

PM me your cute OCs

@Evomanaphy

so I decided that I won’t respect his wishes any longer if he shits on me on a daily base anyways.

First off, good for you! You should not have to take that shit at all. And if he’s bothering you on this site, let us know and I’ll have no problem permabanning him (though if it is who I expect, he already is anyway).

But yeah, I’m no lawyer, but just about every article I’ve read on this topic (and I’ve done extensive research), unless you have an agreement that explicitly states he owns the rights, he has no claims or rights to control how you choose to distribute your image.

As TSP said, you probably should talk to the police regarding the harassment.

If you do get some kinda legal notice (which I highly doubt would happen - he has no grounds to stand on), definitely talk to a lawyer.

And finally, we do appriciate having your art here, so thank you :)

Posted 7 years ago Report

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soundtea

Ocellus is best buggo

@Evomanaphy
Pretty much what the others said. He has absolutely no legal base to stand on.

Posted 7 years ago Report

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Evomanaphy

keeper of freckles

@The Smiling Pony

@Evomanaphy
File a police report. Guy’s harassing you, has threatened you, and if he manages to find a lawyer that doesn’t laugh in his face, an existing police report about the guy will put him in fairly poor light.

If he sues, you’re the owner of your work. He didn’t pay for exclusive rights of the image, he paid for it to be made. Even if you explicitly signed away copyright, you retain author’s right.

[

§ 12 Veröffentlichungsrecht

(1) Der Urheber hat das Recht zu bestimmen, ob und wie sein Werk zu veröffentlichen ist.
(2) Dem Urheber ist es vorbehalten, den Inhalt seines Werkes öffentlich mitzuteilen oder zu beschreiben, solange weder das Werk noch der wesentliche Inhalt oder eine Beschreibung des Werkes mit seiner Zustimmung veröffentlicht ist.

](http://www.verbraucherschutzstelle.de/urhebergesetz.htm)

Also this sounds like RK9.

And seriously, go to the police. Threats are taken seriously.

…was it really that obvious who did this? xD anywas, thanks for the advice, it’s just as I thought that he has exactly no right to do what he threatened me to do. Also I already had several other problems with him in the past which almost made me go to the police and are the reason why I blacklisted him and blocked him… except in community message boards where you can just stop people from sending you private messages and not from spamming regular threads .-.

@Joey

@Evomanaphy

First off, good for you! You should not have to take that shit at all. And if he’s bothering you on this site, let us know and I’ll have no problem permabanning him (though if it is who I expect, he already is anyway).

But yeah, I’m no lawyer, but just about every article I’ve read on this topic (and I’ve done extensive research), unless you have an agreement that explicitly states he owns the rights, he has no claims or rights to control how you choose to distribute your image.

As TSP said, you probably should talk to the police regarding the harassment.

If you do get some kinda legal notice (which I highly doubt would happen - he has no grounds to stand on), definitely talk to a lawyer.

And finally, we do appriciate having your art here, so thank you :)

alright thanks! c: I’m not taking any shit from him and his friends (who recently tried to start some sort of shitstorm under one of my pictures, which got shut down by you guys - thanks again for that btw. ) anymore, just because they’re mad because I blacklisted one of them.
I was planning to go to the police if they plan to continue harassing me. But until now, I hope they are smart enough to not want to risk getting a serious lawsuit, because stuff you do on the internet can still have serious consequenses.
Oh and last but not least, thank you very much for your kind words :)

Posted 7 years ago Report

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Deactivated_20191124_01

You let him run you up for 500 greenbacks?

I make it clear that I’m a reputable(?lol)artist, and I don’t start until I get atleast half. If someone owed me as much as 5usd I’m not going to sit there and humor them.

Posted 7 years ago Report

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Evomanaphy

keeper of freckles

@Ninji
That was almost two years ago now and just because I considered him a friend back then, but I changed my commission system after this experience xD

Posted 7 years ago Report

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bluemeganium

bg pony nymphomaniac

This is also a reason why I don’t offer commissions. Either people want you to draw the lamest red/green-black OCs or they’re just jerks.
I do know him, and talked to him a couple of times, and I can say, he’s ambivalent and very selfish. On one hand he does everything for his best friends, even try to buy statues for passed away ones, on the other side, since some people want the greatest artwork for no money, he refuses to pay. He’s only nice to you, when you’re nice to him - one little complaint and he acts like a prima donna.

His suit was just a matter of time. I would do both go to the police and sue him twice. A countersuit against his suit (as an option - dunno if it works properly), and one for the harassments.

Posted 7 years ago Report

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Background Pony #8EDB

Deletion reason: Rule #6

Posted 5 years ago Report

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