I have someone who is starting a business with applying my papers to jackets.
She is getting my designs from Zazzle and posting on her new business page.
She didn't ask me if she could do that.
She wasn't even adding my logo on the pictures and I told her she needed to add it.
I told her I would create a watermark and show her how to use Canva.
This is one of the photos on her page.
She did start putting RHDesigns, AFTER I told her to until I could create a watermark for her to use like I used. I just type mine in Canva when I need it. but I created one that was transparent for her to use.
RHDesigns
by
2chattychicks.
It would be centered though and uniform.
She told me she wasn't going to do that.
I would like to know professional opinions.
THE PHOTO I uploaded she has the description or name of the photo I have done BUT it is bold black and my name is in light gray and not spelled how it is on Zazzle. As you can see she has R_H_Designs and Zazzle is completely on the other side of the page. NO ONE will find me the way she has it and most people aren't going to wonder about the RHDesigns on the photo.
IF SHE had put the description Bohemian Eclectic Giraffe by RHDesigns on Zazzle .com all in bold I would not have thought much about it.
thank you
Rena
Oh, I agree. Site owners/hosts can be held liable, there's a pretty specific set of rules on taking things down and timing and counter-claims, etc. That's why sites, like say Zazzle, will delete things immediately no questions asked first. Better (and easier) to err on the side of caution and maybe unjustly remove things then to have to analyze each request and possibly get caught up in legalities. I think a reputable site should take down and close the account of someone who is brazenly stealing images, even if AI, to protect themselves from any hassles or possible legal consequences. But by law, AI can't be copyrighted so if someone had both the time & money to fight such a take-down they'd probably win since well, AI can't be copyrighted. I don't think there's any precedent-setting cases yet where someone's used someone else's AI work and it's gone as far as court, but with the surge of AI it probably won't be long until we get there.
I think sending a take-down is enough of a scare-tactic to work most times but in OP's case the other person is not cooperating or concerned, and there is no site/host to send a take-down notice to, just FB.
How do I report copyright infringement on Facebook?
Rena could submit a claim by mail or the online form but both seem to require proof of copyright.
@RenaI'm a little confused. Is she an affiliate of Zazzle marketing your designs or did she just lift your design work?
No she is not an affiliate of Zazzle.
She is just a customer.
She told me she had an idea and during all of this I had radiation and was sick for several days. Then she told me she finally had her business page up and it wasn't until several days later I realized what she was doing. USING MY PICTURES from Zazzle to apply to jackets and sell her jackets without giving me any credit other than what you see above in the photo. People that don't know aren't doing to know who RHDesigns is. That is why I always put by 2chattychicks. What she has at the bottom of the paper is not how I am listed on Zazzle so that is her misleading because you can't even hardly see the R_H_Designs at the bottom is is so light gray. It should read in bold letters like the name of the designs like this RHDesigns at Zazzle.com
I hope this makes more sense.
She is taking my designs and putting them on blue jean jackets like the photo above. That is fine is she wants to do that AFTER SHE purchases the papers. That was my thinking. Not going to my Zazzle store and screen shooting them for her own use. IF she had put my logo and mentioned where she got them I wouldn't care.
In the meantime she went ahead with her idea, built a Facebook business page and started getting my designs off of my Zazzle store. I didn't realize she was going to do this NOR was I under the impression that she was not going to add my link to my Zazzle store.
When I created 
I told her that if she was going to use my photos she needed to put a watermark on them. The watermark I made for her is the one I made for with my logo for her to place on all of the photos she had. She told me she wasn't going to use it or do anymore than she already was.
So the way I see it @MOM @orientcourt @ColsCreations she is lifting my designs on her own. She never once asked me if she could do that.
This was her response to me after I sent her the watermark above and stated the fact once in a while I was going to hop over and drop my link. All of my friends and followers when they show my designs they always have my logo like above and the link to my Zazzle store.
Rena I need to say what's on my mind because I'm not happy with what you want me to do. I'm not a distributor for you I'm not getting things at cost. I put your RHDesigns across every picture showing that you did the design and at the bottom of the picture it states the name of the tissue, the designer and it's with Zazzle.com That's all I'm going to do. If my customer want to go buy it after seeing what's at the bottom of that picture then they can go buy it. I was promoting your tissues by my jackets not by selling tissues. I can always go and get other tissues from other people but I was exclusively going to be using yours to help with your business. I'm not part of RHDesigns crew and nor am I interested. I'm not going to put a link directing them to you. I feel I've benefited you more than most I've done more on my pictures than some of your people that haven't put anything on them. I'm not trying to sell tissues I'm trying to sell my jackets. If that doesn't work let me know and I'll go in another direction. Thanks
Yesterday morning I asked her this
Morning. I am covered up with lots going on but how are you getting the photos?
Her response was--- Zazzle.
To explain her note to you so you will understand what she is referring to
"I'm not a distributor for you I'm not getting things at cost."
Again what she has on the papers is misleading with my Zazzle name and it isn't written correctly and so light colored you can't see it.
"promoting your tissues by my jackets not by selling tissues"
without my logo watermark on every photo and the bottom of the page correctly and adding my link once in a while would be promoting. She is only promoting selling her jackets.
'm not part of RHDesigns crew
there were a couple of girls that asked me if they could be content creators for me and I was honored and they actually wanted nothing in return but I send them a set of papers once a month. We promote them and have fun contest. So I created a comical cartoon characters of us and We named ourselves RHDesigns Crew. Buy the way, they came up with the name. I also created a logo watermark for us and when we do the contest I have them add their own logo watermark and then they use the RHDesings Crew on the things that they have created with the papers. AND ALWAYS add my Zazzle store link. NO Matter where they share it to.
"I'm not going to put a link directing them to you."
Not much I can say to this so I will see what or how you would feel about this comment
"I feel I've benefited you more than most I've done more on my pictures than some of your people that haven't put anything on them."
On her personal page she has 207 friends and her new page she has 36 followers. She has shared my designs on her personal page, SOME. Yes I will give her credit for that but she in no way has done more for me and my store than MYSELF, MY FRIENDS and the RHDesigns crew. EVER.
"get other tissues from other people"
My question is to all of you would you allow her to use your designs with no recognition.
Is there a way to block someone from seeing your Zazzle store?
I know I am a chatter box so I tried to be very specific this time and more to the point and I hope this makes sense this time.
Thank you very much for taking the time to give me some sense of direction and how you would feel.
Rena
I appreciate this. She is now using another creator on Zazzle. A friend helped me find her. To do the right thing I messaged her and told her. She had nothing saying whose they were. It almost sounds as though they are hers. Coy's the lady doing this.
I am going to do the letter.
She is clicking on the photos and screen shotting with her phone. I asked her how she was getting the or where and she said Zazzle. I had a friend do it and that is all you have to do. They are not blurry they are clear. Have someone do that with one of your designs.
I just went on my phone and did one just so you could see what she is doing.
I didn't crop it just so you could see. I went to your page on my phone clicked until I got to the photo I wanted and snapped shot of it with my phone.
No she has not been hacked. She just thinks she can do what ever she wants.
OH MY GOSH I want to come over...lol
Thank you so much for all the advice I really do appreciate it.
Rena
I'm not understanding either? RHDesigns is your store. It sounds like you are collaborating with another party to sell your work off-Zazzle somewhere and are having a disagreement over how to display your watermark?
Is doing this?
It think you may have found yourself in a real gray area.
It seems like this person's idea for her business was to sell denim jackets decoupaged by her with tissue paper, using your tissue paper. I'm not sure? there's anything legally wrong with that unless she's claiming credit for making the actual tissue paper design and not just the finished jacket she made using it. ((Ethically though she should def be crediting you.) If that's what's she trying to do, then she'd have to buy the tissue paper from you to make the jackets to sell. But it sounds like she's lifting images from your Z store, making her own "mock-ups" of what they'd look like on a jacket, and posting those images? Or maybe she's not even making "mock-ups" and just posting your images by themselves? And then if someone wants to order one I guess she'd have to then order the paper from you first to make the jacket. That seems wholeheartedly different from posting pics of an actual finished jacket she made because she doesn't have your permission to use your images in that way, she only has your permission to use your actual tissue paper in her finished pieces she's selling.
You've got fabulous tissue paper art in your store and I'm guessing much of it is AI. NOTHING wrong with that, but AI art cant be copyrighted unless there's been enough human effort added to it to make it a derivative work. So taking someones else's AI generated art wouldn't legally be any different than taking a public domain image unless one could prove they added substantial effort of their own to it. Ethically it's reprehensible but legally - it's a gray area and a risk of using AI. It's also complicated because you gave her implicit permission to use your images and were only (at first) taking issue with how she was crediting you. Now that you've realized what is going on you want to roll that back but are kind of stuck because since shes not using the images on Zazzle, they can't do anything about it, and you're right that FB probably won't care enough to get involved. I think it's a sticky situation you'd need a lawyer for.
I am really sorry you've found yourself in this crummy situation during such a difficult time. Sending you best wishes for a positive outcome on all fronts.
Oh, I agree. Site owners/hosts can be held liable, there's a pretty specific set of rules on taking things down and timing and counter-claims, etc. That's why sites, like say Zazzle, will delete things immediately no questions asked first. Better (and easier) to err on the side of caution and maybe unjustly remove things then to have to analyze each request and possibly get caught up in legalities. I think a reputable site should take down and close the account of someone who is brazenly stealing images, even if AI, to protect themselves from any hassles or possible legal consequences. But by law, AI can't be copyrighted so if someone had both the time & money to fight such a take-down they'd probably win since well, AI can't be copyrighted. I don't think there's any precedent-setting cases yet where someone's used someone else's AI work and it's gone as far as court, but with the surge of AI it probably won't be long until we get there.
I think sending a take-down is enough of a scare-tactic to work most times but in OP's case the other person is not cooperating or concerned, and there is no site/host to send a take-down notice to, just FB.
How do I report copyright infringement on Facebook?
Rena could submit a claim by mail or the online form but both seem to require proof of copyright.
I understand all of that. But the reasoning behind not being able to copyright AI generated art is not because it might be copying or incorporating existing work, it's because it's not made by a human. Thus the reasoning for being able to copyright it only if there's been significant human input applied to it.
I think there's a misunderstanding. It's not MY reasoning, it's that of the U.S gov:
https://www.federalregister.gov/documents...
"If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. For example, when an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology—not the human user. Based on the Office's understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material. Instead, these prompts function more like instructions to a commissioned artist—they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output. ... When an AI technology determines the expressive elements of its output, the generated material is not the product of human authorship. As a result, that material is not protected by copyright and must be disclaimed in a registration application."
