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THis is why copyright sucks. (IMPORTANT!)

Mon Oct 17, 2005, 7:25 AM
Important: Don't be hateful towards the band in your comments. It doesn't help you, nor does it help me. In the end, I made a mistake - I didn't do it purposefully, but I still have done so. By slandering, insulting or bad-mouthing the band, you're simply giving ME a whole lot more trouble. It's not their personal fault, they're simply doing what they need to do, and that is to protect their trademark.


What, no fancy intro's? 'fraid not.

Well, yeah. This ain't no happy message. Just got back from the Ardennes, to find a few disturbing e-mails in my inbox. What kind of e-mail, you might wonder - well that's simple. Cease & Desist demands. The band Haunted By Angels have come to the conclusion that my accountname on DA is a copyright infrigement, since they've copyrighted their band's name in the year 2000. I did not find out about this band until recently, though, so I didn't quite know.

The result is the following: I should stop using their name, and if I understand correctly, the band wishes for this account to be removed. That'd mean I have to find myself a new account, and move all my artwork. Sure, it'd be possible for me not to comply, but in the end, the result would be a $150,000 fine for me, and probably a lot more of the kind of shit I'd rather not get into. So no, that's not quite an option.

While I obviously understand their position on this issue, I'd hope for them to understand mine. After all, my account has become more popular than I ever dared dream of, and I even received a Daily Deviation - I got the kind of feedback which makes it worth it for me, to be an artist. I entertain people, amuse them, try to make them feel something, simply by expressing my emotions. It's what art is. This is what I hope the band sees, too.

I'll be keeping contact with the band as well as deviantART staff on this issue, and updating this journal when I know something. That means an update when the e-mail correspondention continues, perhaps an update when I hear from $spyed's point of view on this issue, and surely an update when my artwork is indeed removed and I have a new account. We'll see.

Just.. Hope for the best, it's what I do.

I want to make clear though, that whatever happens, there is no reason to slander the band Haunted By Angels, nor to threat, abuse or hate them. If you, despite this warning, decide to do so, then that is not my issue, but your own, and I refuse to take responsibility for that.

EDIT:
Well, apparently there's no option of my art account existing simultaneously with the band. I'll be moving my better works to a new account, which is ~Verticae. No, it's not a good name, but hey, it's the only good name that ain't already taken and isn't a band either. :|

EDIT II:
Yes, you've seen it right. I've taken down all of my deviations. They will be up at the new account though, so no worries. Also, ~Ravenhearted has been trying to spread the word about this case. I'd suggest following his example, since this is a serioous issue for all deviants. Especially people who named their account after a band, or anime series/characters, could indeed face a lawsuit if this goes the way it looks like it's going.

Devious Comments

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:iconstickersticker:
Man, there are deviantart names for almost all the bands i can think of...

I don't think a copyright on a band name prevents people from using the name as their screen name, otherwise people would have to spend 6 months researching screen names to get one that isn't copyrighted.

I think this band is obviously a bunch of pricks who are pissed off at the idea that for a SPLIT second, someone might mistaken your art gallery, as something the band may have made.

If this truely IS an issue, and you have to change your name. perhaps there is a way for the DA staff to simply change your name on the account you already have? that way you can keep your viewers and not have to go through the trouble.

BTW, if you do have to change your name, may i suggest "hauntedbyangles"?

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:iconinfernall:
totally bullshit!

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Whatever the case, their point of view simply sux. They obviously ain't as popular as they'd wanna be, so they seek to make profits elsewhere.. I mean, it's not like you're making any money out of the name, but.. they just don't get it, do they..? =|

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:iconalyn:
First, there is no account removal on deviantart for historical purposes.

Second, I'm really not sure how far their copyright will stretch to this - I don't see metallica going all guns at ~metallica. You are in no way pretending to be the band, any member of the band, or even representative of the band... so I really don't see why they're taking such a lean action towards this.

I wish you luck with this, they need to realise that you're just a teenager having some fun creating art with no means of malice towards the band. You don't deserve this crap.

Also, respond back asking for a telephone number or contact details of someone representing the band, and phone them. Make sure this isn't a hoax.

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:iconbpauba:
This does not sound right at all, have they given you evidence that states that they do have a copyright on the name and how this instance breaks the copyright laws? I truely do not think they would ever win this in court. It is a damn deviantART name. Like alyn has said, you have never tried to impersonate them as a band. And i am sure you will never. I really think you might want to fight this, I also think deviantART needs to fight this as well. They need to stand up to bullshit like this. All I can say is these guys are a bunch of money hungry dicks. They have truely stepped down to the lost point a human can go, to make themselves feel better. This is a complete joke and I hope you win this battle and this so called "band" gets a life.
:icontigaer:
now what bullshit is that?! i mean... *sigh* hope that'll find a good end for you. keep us updated.

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