Rue 21 ripped off a drawing I did, what can I do?

Page 1 of 1 [ 8 posts ] 

MooCow
Veteran
Veteran

User avatar

Joined: 18 Feb 2011
Age: 37
Gender: Male
Posts: 546
Location: Under your bed.

12 May 2011, 7:24 pm

I found out a few days ago that Rue 21 is selling a shirt with one of my drawings on it.... I don't really know what to do, I can't afford to hire a lawyer, I don't even know if that would be the best route.

any advice or assistance you guys can render would be greatly appreciated.

here's the original: http://nomkcalb.deviantart.com/art/Brok ... t-81211860

Here's a screencap of the shirt: http://i.imgur.com/0By8y.jpg

Thanks again.


_________________
I'll be more enthusiastic about encouraging thinking outside the box when there's evidence of any thinking going on inside it.
-Terry Pratchett


bucephalus
Veteran
Veteran

User avatar

Joined: 26 Jan 2009
Age: 42
Gender: Female
Posts: 1,847
Location: with Hyperlexian

12 May 2011, 8:56 pm

Have you contacted them directly about the issue? You could always launch your own t-shirts. Surely Rue 21 won't have the audacity to sue you for copying their version of your own work. I know what they're doing is illegal and immoral but at they same they are creating a market for you. Stop me at any point btw because i don't know sh** about copywright law etc :oops:


_________________
"grrrrr"


Nim
Veteran
Veteran

User avatar

Joined: 7 Sep 2008
Age: 40
Gender: Male
Posts: 3,510
Location: Away

12 May 2011, 9:51 pm

I like Rue 21.. lol. I wear their clothes often.

But its not the same picture, doesn't have the same shading, or the same writing.

But the heart/sign are pretty much shaped about the same way.

But unfortunately the idea doesn't seem to be ORIGINAL...
http://www.google.com/search?hl=en&q=ou ... 20&bih=914

You'd probably have a hard time doing anything. But you might be able to contact them and tell them its very similar to your artwork/was probably plagiarized, but then again you could have drawn it after they designed the shirt. Or the artist they hired did it and you'd have to talk to him...



draelynn
Veteran
Veteran

User avatar

Joined: 24 Jan 2011
Age: 56
Gender: Female
Posts: 2,304
Location: SE Pennsylvania

12 May 2011, 10:05 pm

You can contact a lawyer and see if they are interested in taking your case on a contingency fee - they only get paid if they win the case. A lawyer will only take the case if they think they can win. Look for a copyright litigation lawyer. Present them with all the facts and let them tell you if you do or do not have a case. Personally, I think you may have a case of you can prove dates, if Rue 21 has a history of cruising DA for art or if the lawyer finds a way to prove that someone - either the art director or the artist of the image viewed your DA account. DA may be able to provide those ISP's since they log user views, favorites, etc...

Your local legal aid office can help direct you if you are on SSA or assistance.



MooCow
Veteran
Veteran

User avatar

Joined: 18 Feb 2011
Age: 37
Gender: Male
Posts: 546
Location: Under your bed.

12 May 2011, 10:08 pm

looks like WetSeal is selling the same shirt.

http://www.wetseal.com/catalog/product. ... pf_k108283


_________________
I'll be more enthusiastic about encouraging thinking outside the box when there's evidence of any thinking going on inside it.
-Terry Pratchett


MooCow
Veteran
Veteran

User avatar

Joined: 18 Feb 2011
Age: 37
Gender: Male
Posts: 546
Location: Under your bed.

12 May 2011, 10:11 pm

Nim wrote:
I like Rue 21.. lol. I wear their clothes often.

But its not the same picture, doesn't have the same shading, or the same writing.

But the heart/sign are pretty much shaped about the same way.

But unfortunately the idea doesn't seem to be ORIGINAL...
http://www.google.com/search?hl=en&q=ou ... 20&bih=914

You'd probably have a hard time doing anything. But you might be able to contact them and tell them its very similar to your artwork/was probably plagiarized, but then again you could have drawn it after they designed the shirt. Or the artist they hired did it and you'd have to talk to him...


I realize it's a different drawing, but it's a near exact copy. and the lettering is the same when viewed up close, if even has the same irregularities.

Also, this was drawn 3 1/2 years ago.


_________________
I'll be more enthusiastic about encouraging thinking outside the box when there's evidence of any thinking going on inside it.
-Terry Pratchett


Nim
Veteran
Veteran

User avatar

Joined: 7 Sep 2008
Age: 40
Gender: Male
Posts: 3,510
Location: Away

12 May 2011, 10:50 pm

Hey, I'm just playing the bad guy...

I'm not actually the bad guy. :wink:



CockneyRebel
Veteran
Veteran

User avatar

Joined: 17 Jul 2004
Age: 50
Gender: Male
Posts: 116,829
Location: In my little Olympic World of peace and love

13 May 2011, 11:53 am

You should talk to him directly.


_________________
The Family Enigma