Some History, and How Things Work
Early this morning we were contacted because someone claims their Fan-Fic was usedâwithout their permissionâin a YouTube video. Â This is an unfortunately common issue. Â
We reviewed the channel, and an Incident number has been assigned and it is in our Queue. Sadly, there is little more that we can do at this time: Â the creator of the Fan-Fic is already aware of the problem and appears to have reported it. Â If we knew of other creators whose content was used without permission on that channel, we would contact them. Â If they issued strikes against the channel, that would hasten the process. Â However, we do notâat this timeâhave anyone else to contact.
This situation offers an excellent opportunity to discuss the Doâs and Donâts of this blog and of protecting Creatorâs Rights in general.
First, a little history about how this project came to be.
@art-defenseâ was created at the end of the  Miraculous Blackout.  (Important:  @art-defenseâ is not affiliated with, nor was it sanctioned by, the Miraculous Blackout team.  We are totally separate. We donât even know if they are aware of us yet.) The Miraculous Blackout was a two-week âstrikeâ by many fan-work creators and their supporters during which they posted no content.  For more details, check out that blog. Â
As the Blackout ended, @talvin-muircastleâ wrote a post  in which he expressed his feelings on theft of art and promised to continue to support artists as he had done before.  After his post received reactions far beyond his expectations, he created this side-blog as a place to fulfill that promise and allow others to volunteer their time as well.
So What Exactly Do We Do Here?
When we become aware of an account that may be infringing upon the legal rights of fan-creators, we add it to the Queue for review.  As time permits (all volunteers, here!), the accountâs contents are reviewed.  If there is any uncertainty, we contact the artists privately and ask, âWas this used with your permission?â Â
Once we feel we can reasonably assume that infringement of rights may have  happened, we turn the Incident into an Incident Report.  These are the posts on this blog that usually start with âYou have been tagged in this post becauseâŠ.â  Each creatorâwhere we can identify themâis tagged, and then a list of URLs is given to pages that appear to include their work. Â
We go back and re-review old Incidents and issue updates when appropriate, such as when new content is added or a significant amount of content is removed. Â
Thatâs it. Â Thatâs what we do. Â The rest is up to the rights-holders, the owners of the content. Â The artists own their own creationsâthat is at the very heart of why this blog existsâand only they can decide if they wish to act upon the information we give them.
We do not contact alleged infringers ourselves. Â
We do not condone âget everyone you know to report thisâ campaigns.  That is morally and legally defined as harassment. Â
We do not outright accuse anyone of theft. Â Only the owner of the content can do that.
We do not get in the middle of disputes regarding who actually owns a particular piece of content. Â If the actual ownership is disputed, that is a legal matter.
While we respect the rights of Corporate rights-holders, we do not work to defend those rights.  A company such as Marvel Comics, or ZagToon, or Paramount, already has employees and contractors to defend their rightsâthey do not need volunteers.  Too, the relationship between Corporate creators and Fan creators is a complex one.  Some, such as Zag, appear to actively encourage fan-artists: the official Miraculous Ladybug account here on Tumblr regularly reblogs and applauds fan-made artwork.  Some companies have taken strong legal action against fan-creators:  look up âAxanarâ for an example. Â
That is not our fight.  We stay out of those.  Our mission is to help the âlittle personâ, the solo fan-artist or writer who has no one else to speak up for them.Â
Why Is Asking Everyone To Report A Video A Bad Idea?
The situation that inspired this post involves fan-fiction that was allegedly taken and used as the script for a YouTube video. Â
YouTube has a procedure in place to remove videos that infringe on someoneâs intellectual property rights.  By law, they are required to. Everyone involved has to follow the law.
Now, the law does not care how many friends you have. Â It does not care which side has the more popular argument. Â The lawâwhen it works as it shouldâonly cares about what is true, what is just, and what is legal.
YouTube doesnât care how many friends you have either. Â They care about the law, because if they follow the law, they donât have to worry about getting in trouble alongside one of their users. Â
We use the terms âcreatorâ, ârights-holderâ, and âownerâ fairly interchangeably around here.  To be honest, thatâs actually playing a little fast and loose with the terms.  We arenât lawyers, and we arenât dealing with things on the level of a lawyer.  Lawyers will use those terms far more carefully and precisely. Â
At the level of fan-art, we can usually (not always!) use âcreatorâ and âownerâ and mean the same thing with each.  âRights-holderâ gets more complicated:  if you draw a picture of Batman, you own that picture of Batman, but thatâs it: it does not mean you own Batman! DC Comics owns Batman, and even though you own that picture of Batman, DC can cause trouble for you if you use that picture in certain ways, because DC has certain rights over all pictures of Batman.  We arenât going to follow this part any further:  youâd be better off asking an attorney.   Still, you do have some rights over that picture of Batman.  Even DC Comics cannot use that picture without your permission. Â
Thatâs the important thing: you, the creator of the picture, have rights.
That means that only you, or someone who is a properly authorized agent (think âPower-of-Attorneyâ here), can report it as stolen. Â
Your friend cannot.  We cannot.  A thousand people who were recruited online most certainly cannot. Â
That can actually make things worse!
How Can It Make Things Worse?
Letâs take this off the Internet for a few minutes and talk about Garden Gnomes. Specifically your Garden Gnomes.
You have some very nice Garden Gnomes on your front lawn. Â You made them. Â They are pretty popular among your friends and neighbors.
Somebody down on Main Street, who gets a lot more traffic by their house, saw your Garden Gnomes and decided they really liked them, too.  So they stole one of them!  Put it in their own yard!
And now they are telling people they made it, and that they have never heard of you!
Well, you have proof that you made them.  You have pictures of that gnome in your garden next to other gnomes of the same style that you have made. You even signed the gnome. Â
Option A:  Contact the police.  Fill out a report of stolen property.  Wait for the legal system to work.  Maybe, if you think the legal system is going to need to be pushed a little, get a lawyer.  Also, tell all your friends what happened, and tell them to make sure everyone knows that that is your Gnome, donât believe this other person. Â
So far, you are in pretty safe territory. Â That last bit might get a little out of control, but if everyone behaves, youâre OK.
Option B: You are not satisfied with Option A. You ask all your friends to fill out police reports as well.  (But the police already have a report, and itâs not your friendsâ property!) Ask all your friends to call and email that person on Main Street and tell them what a horrible person they are for taking your Gnome.  Somebody goes and spray-paints âTHIEF!â on the side of their house.  Somebody steals their Yard Flamingo, because after all itâs only fair.  They start getting death-threatsâŠ.
The Law does not just protect your rights as the owner of that Garden Gnome.  The Law protects everyoneâs rights equally, at least in theory.  As it happens, that Gnome-stealer up on Main Street has rights, too! They have a right to due process, to a fair trial, and they have a right to protection from harassment. Â
In fact, taking a Garden Gnome may not be viewed by the law as being as serious as telling someone to go kill themselves for stealing a Garden Gnome. Â
So Option B: everybody gets hauled in front of the Judge.  The police, having had to deal with two hundred reports of the theft of one Garden Gnome, plus vandalism, Grand Theft Flamingo, harassment, incitement to harassment, possibly inciting a riot, threats of bodily harm, and who knows what-all elseâŠ
Well, the police are not sympathetic witnesses.
The Judge is not going to say that our friend up on Main Street was in the right by taking the Gnome to begin with.  Thatâs the Law.  But they are going to rightly point out that all this other stuff violated the rights of the accused, and so now you are in trouble too,  and so are any of your friends they can identify and lay hands on who did something to violate the rights of the accused.  The Judge thought they were going to deal with a simple case of theft, and now they are in a Very. Bad. Mood.  Judges have all kinds of nastyâand perfectly legal!âways of dealing with people who get on their nerves.
Option B was not a very good idea at all.
Bringing it back to the Internet:  unless you have gone straight for the Lawyer option (and the Lawyer is going to tell you âLet me handle it!â), you are dealing with YouTube Customer Service.
YouTube Customer Service is not a Judge.  They are not a Lawyer.  They are probably like anyone in any Customer Service job anywhere:  trying to do the best they can on a low wage while keeping the Supervisors happy.  YouTube is spending money on this problem, and they want the fastest resolution possible with the best possible outcome for YouTube. Â
If they are dealing with Option A, even if it is twenty different rights-holders properly using Option A, they are more likely to give the rights-holders a positive outcome. Â In fact, if you can find 19 other people that have had their content stolen, that channel is probably going to be shut down, and if they monetized, the money wonât be paid.
This is why we have this blog. We notify the creators so they can exercise their rights.
If that YouTube Customer Service employee is dealing with Option B, they are going to see clear cases of harassment, threats, reports-not-by-the-rights-holders, and other violations of the YouTube Terms of Service, and they are going to act on thoseâthatâs what they are paid to do.  They might catch the valid and legitimate complaint by the actual rights-holder in all that, or they might not.  Itâs a gamble. Â
And thus we come around to a restatement of the Mission Statement of Art-Defense:
âThe Art-Defense Tumblr Blog will be the home of a small group of volunteers dedicated to notifying artists in the Miraculous Ladybug fandom (and possibly other fandoms) of accounts on this and other platforms that appear to have stolen, reposted, misattributed, and/or monetized artwork. Â It will not confront reposters directly, nor will it engage in or condone any form of harassment or bullying. [Emphasis added.]Â Above all, it will practice and encourage respect of Artistsâ rights over their own creations, and defer to the Artistsâ wishes regarding those creations.â
Thatâs what we do here. Â