Another Art Stole website?

Hello there!

I didn't post anything here, nor upload pictures recently even if I did work and produced things! I shall update me soon.

But I have to share something displeasant I came across today while searching on the web about one of my character picture, I had been very displeased to find one of my drawing out of my galleries or non-profit website (or supposed to be) like tumblr or Pintinterest.

(And not one of my best anyway)



On this site : flowerhn.com

And well, I wasn't alone there. I'm tagging those whose I found work there too (Please, help me to the warn the others concerned people - it's a none exhaustive list):
bakenekogirl heudeED Coco-F mangerune Docteurwolf : you can found some our works there published on february 2015 by "Daniel Yager".
SallyAnne-Ichi Athyess AraCaelis Brookye Jeananas Shiilia You can find your work here, upload by a certain "Daniel Yager".

d'ailleurs je réalise que ce monsieur a surtout chopé des dessinateurs français (si vous ne comprenez pas l'anglais je pourrais vous traduire grossièrement).


jasonwang7 you can find a lot of your work there published by "Barbara Stadfford" on May 2015.

 Clange-kaze MarcoKolm LadyRoga (je ne suis pas certaine pour cette dernière!) Nagiiya FlanelleFrim (encore une fois pas mal d'artistes francophone), vous pouvez trouver vos travaux publié ici par "Courtney Hicks".

Doria-Plume yansusi You can find you work on there (and what with this category? XD) published by "Edward Delatorre".


It's seems to be a new website, I'm not very aware of the US policies there, but, even as french; I do understand english. If they didn't write anything specific about their purpose (I use to think first, it was a none benefit one, a "picture bank" like Pintinterest, but now I'm not sure anymore), you can nevertheless, found in their "Terms & Conditions" some frigtenning words about what of the works rights upload by their users (I Will not thank you to have upload one of my work -without any permission- for that reason, Mr. Daniel Yager).

And... It's not a very good news.

They (their users that I supposed to be first, some of their original workers) provide their pictures bank mostly from Deviantart, but also from Etsy and Pintinterest. I Do not have search more deeply right now; but see that extract from their :

"You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site."

Maybe I'm a bit paranoid, but I really don't like such sentences. Being destitute about my right paternity without even have been asked feel definitly: Wrong.

However, their picture referencing is disturbing, the picture doesn't really fit often with the thematic title they chose. Do they even watch what they are uploading? This website is a mystery.
I came to think that they may use bot researcher to do it, with some wrong tag they didn't even check.

I can't warn everyone, there is... way too much people on there (and weird thematics). If you want to help me to do it, please, feel free to tag the concerned people here!

By the way, of course, they're discharging their responsabilities from theirs users!

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see




NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent,

Copyright Agent
Barbara Stafford
dmca@Flowerhn.com

for notifications:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
It is our policy to terminate the accounts and/or membership of Users who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.

Contact "Barbara Stafford". Wait. Isn't she one of those who actually published some of the picture without asking anyone? 8D
So one of the users you're not responsable of, is one of your employee?


I first post this article to share my thoughts with others about it. I will probably send a mail to Miss Stafford mostly about the remove of paternity work from people who haven't even been asked for it first.
But it's US rules. So I'm not really comfortable with.
And right now their website is really confusing. I'm not sure of what to think of it.
What is your thought?


Ps: Je peux traduire mon article en français si besoin est (là, j'avais juste un peu la flemme).
Je l'ai surtout posté ici parce que je reste circonspecte sur l'usage même de ce site; qu'est ce qu'ils foutent? Ca n'a pas l'air commercial, j'ai l'impression qu'ils se veulent être une banque d'image/de ressources comme pintinterest mais les catégories c'est du grand n'importe quoi. Rien ne parait vérifié; je suis vraiment... interloquée.
J'y ai même trouvé de grosses pointures (avec le disclaimed de copyright non reproductible encore incrusté!); je...

Je ne sais vraiment pas quoi en penser 8D (en plus je fais vraiment pas parti des grosses pointures!) - je sais que Face bouc fait preuve des mêmes prétentions (="tout ce que vous postez chez nous, on peut le réutiliser huehuehuehue") mais bon, ce sera ma connerie d'avoir posté dessus ou pas. Là, ce n'est pas le cas.

Et vous, qu'est ce que vous en pensez?