( 
)
Do you love to cross stitch? So do I, and let's face it - there are a lot of AMAZING patterns and kits out there these days. As a working artist, though, I've been disturbed by the number of copyright violations I've been noticing on eBay. I also love collecting and stitching beautiful patterns as much as the next stitcher, but there's a right way and a wrong way to go about it. Purchasing patterns and kits that have been properly licensed for sale by the original artists and photographers is always your best bet. You're assured of the best quality, and you're supporting the artist/photographer so that he or she can afford to continue creating all those images you love.
But gee. Some of those cross stitch charts are awfully tempting! Yes, there are some legitimate sellers offering these patterns for sale, but sadly, TOO MANY of the computer-generated cross stitch charts you'll find listed on eBay are illegal and in serious violation of the original artists' copyrights. Buyers who purchase these charts are essentially rewarding the sellers for theft. Most of these sellers are based in the UK (though there are plenty operating out of Australia and the US as well), and they give neither money nor credit to the artists and photographers whose images they steal. In fact, a majority of the time, when you see a gorgeous, highly-detailed computer-generated chart - whether the subject matter is fantasy, wildlife, American Indian, etc. - it's a safe bet that the image has been stolen. Moreover, the rights to Disney characters (Tinkerbell, Winnie the Pooh, Snow White, etc.), Pixar characters (from Cars, Finding Nemo, The Incredibles, Toy Story, etc.) Bratz, Harry Potter, Sailor Moon, My Little Pony, Care Bears, Star Wars, Star Trek, Garfield, Barbie, Thomas the Tank Engine, The Simpsons, Spongebob SquarePants, Betty Boop, Peanuts, and a host of other franchises have NEVER been given to anyone selling homemade computer-generated designs. NONE of these auctions are legal. An individual's "Power Seller"/positive feedback status is NOT an automatic sign of integrity. If you don't see the artist clearly named and/or a link to the artist's website or other contact information, you should BE IMMEDIATELY SUSPICIOUS of that seller's listings. Some of these folks use alternative, less-common spellings for words (like "fantacy" instead of fantasy and "chross" instead of cross), possibly trying to avoid being caught. The real test is whether or not the artist or photographer is clearly credited in the auction. If not, there's a good possibility that this seller has a. been reported in the past, and b., knows darned well that what s/he's doing is illegal. S/he just doesn't care and is determined to do it anyway because s/he continues to make money at it. Most of these folks are chronic offenders whom the artists have repeatedly reported to eBay, but they tend to keep right on ripping off images they don't own. Some get their accounts pulled, only to come back with new seller IDs and continue the same pattern of illegal behavior. At least one blatant offender based in the US (a "power seller," no less!) is even using images of collector plates and dolls pulled straight from collectibles catalogs (hence the numerous "round" patterns, "crystal" patterns, and oddly "3-D" images)! In particular, BEWARE of sellers offering large numbers of high-quality images/patterns on CD or DVD format (there's currently one with ties to both Australia and the UK). Most artists never license their best work en masse (by the hundreds or thousands) this way, nor do they give others permission to freely copy and profit from such work - hence the value of their copyrights. These auctions, too, are illegal. Moreover, they compound the problem by exponentially spreading the art all over the place without proper credit/compensation to the artists/photographers involved. Artists can lose out on legitimate, LEGAL licensing agreements when this happens (i.e., these sellers are LITERALLY stealing profits from the artists).
Frequently, when challenged, the creators of these types of merchandise try to justify what they're doing by saying that:
a. they found the images easily enough online (and therefore, gee, they must be FREE for me to profit from as I see fit!),
b. the source of the images said they were copyright-free or public domain (Problem: it's far too easy to rip images from websites or scan them from print sources without properly crediting the artists/photographers, and too many people have no scruples about doing so - esp. if they think they can turn a profit or get attention for themselves. Some providers of these images even go so far as to edit out the artists' signatures and copyright information. It's a fact that significant numbers of images you'll find online are NOT copyright free and CANNOT be reproduced, altered, or sold in any way without the original artist's/photographer's written consent. PLEASE NOTE: THIS INCLUDES PHOTOGRAPHS! Ignorance of the law or of the image's real creator/owner is no defense if one or more of these artists ever decides to take you to court for infringement. Best advice: unless you know the REAL source of an image and have obtained permission IN WRITING from its creator or determined for certain on your own that it is, indeed, public domain, you should not reproduce it and definitely should never sell it. Don't rely on someone else's assurances. WARNING: Most of the fantasy art compilation CDs and DVDs being sold here on eBay are illegal and are classic examples of rampant copyright infringement.)
c. "everyone's doing it" (so that automatically makes it OK),
d. the artists are "being selfish" (!!!), and
e. you're "paying for their time." (Sorry, folks. No amount of time a person spends compiling and editing stolen art (and this includes photographs!) for sale in any form - such as CDs, DVDs, cross stitch charts, needlepoint, switch plates, wall clocks, T-shirts, tattoo/airbrush "inspirational" collections, celebrity collections, pendants, charms, etc. - magically makes that art theirs or protects them from potential copyright infringement lawsuits. When notified of infringement, most artists/rights holders WILL go after the offending party through appropriate eBay and, if necessary, legal channels. In particular - don't mess with Disney!).
Needless to say, the original artists whose work has been stolen are typically not given credit for their images and see none of the profits. For many of these folks, art is their primary source of income, and by proliferating the art without credit or compensation to the artists, these scammers (and countless others like them online) are taking hard-earned bread off the artists' tables. Instead of exploring their own talents, they exploit the talents of others and encourage unwary buyers to do the same. There are words for folks like this, and none of them are very nice.
Bottom line: don't let yourself get scammed, and don't reward thieves by bidding on and purchasing their items! Sellers of legitimate computer-generated cross stitch merchandise should be able to tell you:
UPDATE: Many sellers are increasingly stealing the work of photographers and newer, less well-known artists in their continued efforts to profit without being caught. Digital art is a particular target. The damage these people can do to budding artists' careers and potential future LEGAL licensing agreements is astronomical. If you recognize someone's work and suspect or know it is being used/sold without their consent, PLEASE take the time to let them know. Don't bother trying to inform the sellers. While some are appreciative because they don't realize an image they're using is copyrighted, many more will ignore you or get nasty/defensive because they DO know and don't care and the auctions will stay up. Go straight to the artist and let eBay and the artist take action from there. When eBay receives enough complaints directly from the copyright holders themselves, they tend to shut these sellers down completely, which is a much more constructive result.
Here's an interesting/relevant case: an angry, rambling rebuttal guide (aka Cross Stitch Warning!!!!) is floating around on eBay, referring to reviewers who discuss the very real legal ramifications of rampant copyright infringement as "unscrupulous." This in itself is odd/suspicious, since no one who's doing business legally should be threatened in any way by this guide or others like it. Much of the language is highly emotional and inflammatory (note the pervasive "shouting" in caps). Among other oddities, this dubious guide states that it's against eBay rules to contact sellers. While it's certainly true that one should not harass or abuse another person using the eBay system (or any other, for that matter), the very fact that eBay allows potential buyers for every auction to "Ask Seller a Question" is proof that this point is false. Buyers are well within their rights to ask sellers if they know the names/contact information of the artists who created the designs they're interested in buying. They're also within their rights to ask if the seller has dealt with the artists directly and obtained legal permission to use their work. The only reason a seller might be troubled by or ignore such questions would be if s/he can't answer them (at which point the buyer must draw his/her own conclusions about the legitimacy of the product being sold). At the very least, this person has not done his/her homework in terms of knowing PRECISELY where that image came from. Upon further reading, viewers of this "rebuttal" guide can easily conclude that it was written by an infringer who's been caught/reported before. The rather single-minded diatribe against various methods of infringement notification - especially trying to let the seller know that they are or may be in violation - makes it obvious. The tone is that of a child caught with her hand in the cookie jar, trying to deflect attention away from herself and others like her and onto the people who catch them and dare to question or confront them (those darned art "vigilantes"). It's almost certainly someone who's still currently selling infringed images on eBay (a major violation of both eBay rules and international law, notably the Berne Convention) and has been caught/reported multiple times, probably by myself and others - hence the persecution complex, the focus on fantasy art (What can I say? I'm a fantasy artist, I know a lot of other fantasy artists and their work, and I can usually tell when a fantasy image has been infringed. I also do regularly report infringers to the artists whose work they've stolen, as well as to sites serving the broader fantasy art community.), and the perceived need for a new ID. Then, too, there's the characteristically defensive rant that ratchets up into personal insults which reveal this "guide's" true motive: personal vendetta (or, "take that, you nasty people who keep accurately telling me - and the artists and the authorities at eBay - that I'm flagrantly ignoring copyright laws!"). The truth is always a threat to those who willfully ignore it and continue to profit by doing so. Increased awareness about spotting infringement and honoring copyright laws is probably cutting into this individual's profits (hence the desperate plea to "keep buying these charts"). Doubtless, it would be very interesting to see the fairies and dragons this person's currently selling, along with everything else, which is almost certainly also infringed. The fact that the writer created a whole new ID before posting his/her guide (seeking to avoid self-incrimination?), provides no evidence of his/her own authority on the subject, then proceeds to attack others (at least one legitimate computer-generated cross stitch seller among them) who have not posted their copyright guides under new IDs as hypocrites for "hiding their real identity" demonstrates serious credibility issues. For those of you who are interested, it's a very public tantrum that serves as a vivid example of the sort of language and convoluted "logic" (see points a. thru e. above) to which infringers regularly resort in defense of their actions - especially when they're feeling cornered. It's also a wonderful example of how atrocious spelling and grammar can destroy one's credibility in a public forum . . . but that's a topic for another guide.
Artists whose work has been regularly infringed: Karl Bang (esp. his beautiful Oriental, African, and American Indian women), Peter Pracownik (folks love his dragons - esp. the Earth Dragon), Myles Pinkney (wizards), Nene Thomas (esp. fairies), Ruth Thompson (esp. dragons), Amy Brown (fairies), Bob Eggleton (dragons), Ciruelo Cabral (MANY folks illegally selling his dragons), Luis Royo, Larry Elmore, Darrell K Sweet, Boris Vallejo, Julie Bell, Mimi Jobe (fairies & unicorns), Sue Dawe (esp. unicorns - and Kustom Krafts has ALREADY legally licensed her work for professional cross stitch patterns!), Randall Spangler (esp. his cute dragons), Paul Jaquays ("Dragon's Crag" is all over the place), Keith Parkinson, Wayne Anderson (dragons), Graeme Base (dragons), Roger Dean (dragons), Kirk Heinert (unicorns), Tinkler (unicorns), Chiu, K. Chin, Goldenwolf (her "Lady of Twilight" and "Little Friend" have been spotted), Jody Bergsma (gorgeous watercolors in all subjects, including horses, wolves, Native American, fantasy, and nature in general), Laurie Leigh ("Clover Fairy"), Nedda Shishegar " (mermaids - esp. "Companions"), Lee Bogle (American Indian), Maija (American Indian), Meilin Wong (digital dragons and mermaids), and more. Sadly, I'll have to keep adding to this list . . .
But gee. Some of those cross stitch charts are awfully tempting! Yes, there are some legitimate sellers offering these patterns for sale, but sadly, TOO MANY of the computer-generated cross stitch charts you'll find listed on eBay are illegal and in serious violation of the original artists' copyrights. Buyers who purchase these charts are essentially rewarding the sellers for theft. Most of these sellers are based in the UK (though there are plenty operating out of Australia and the US as well), and they give neither money nor credit to the artists and photographers whose images they steal. In fact, a majority of the time, when you see a gorgeous, highly-detailed computer-generated chart - whether the subject matter is fantasy, wildlife, American Indian, etc. - it's a safe bet that the image has been stolen. Moreover, the rights to Disney characters (Tinkerbell, Winnie the Pooh, Snow White, etc.), Pixar characters (from Cars, Finding Nemo, The Incredibles, Toy Story, etc.) Bratz, Harry Potter, Sailor Moon, My Little Pony, Care Bears, Star Wars, Star Trek, Garfield, Barbie, Thomas the Tank Engine, The Simpsons, Spongebob SquarePants, Betty Boop, Peanuts, and a host of other franchises have NEVER been given to anyone selling homemade computer-generated designs. NONE of these auctions are legal. An individual's "Power Seller"/positive feedback status is NOT an automatic sign of integrity. If you don't see the artist clearly named and/or a link to the artist's website or other contact information, you should BE IMMEDIATELY SUSPICIOUS of that seller's listings. Some of these folks use alternative, less-common spellings for words (like "fantacy" instead of fantasy and "chross" instead of cross), possibly trying to avoid being caught. The real test is whether or not the artist or photographer is clearly credited in the auction. If not, there's a good possibility that this seller has a. been reported in the past, and b., knows darned well that what s/he's doing is illegal. S/he just doesn't care and is determined to do it anyway because s/he continues to make money at it. Most of these folks are chronic offenders whom the artists have repeatedly reported to eBay, but they tend to keep right on ripping off images they don't own. Some get their accounts pulled, only to come back with new seller IDs and continue the same pattern of illegal behavior. At least one blatant offender based in the US (a "power seller," no less!) is even using images of collector plates and dolls pulled straight from collectibles catalogs (hence the numerous "round" patterns, "crystal" patterns, and oddly "3-D" images)! In particular, BEWARE of sellers offering large numbers of high-quality images/patterns on CD or DVD format (there's currently one with ties to both Australia and the UK). Most artists never license their best work en masse (by the hundreds or thousands) this way, nor do they give others permission to freely copy and profit from such work - hence the value of their copyrights. These auctions, too, are illegal. Moreover, they compound the problem by exponentially spreading the art all over the place without proper credit/compensation to the artists/photographers involved. Artists can lose out on legitimate, LEGAL licensing agreements when this happens (i.e., these sellers are LITERALLY stealing profits from the artists).
Frequently, when challenged, the creators of these types of merchandise try to justify what they're doing by saying that:
a. they found the images easily enough online (and therefore, gee, they must be FREE for me to profit from as I see fit!),
b. the source of the images said they were copyright-free or public domain (Problem: it's far too easy to rip images from websites or scan them from print sources without properly crediting the artists/photographers, and too many people have no scruples about doing so - esp. if they think they can turn a profit or get attention for themselves. Some providers of these images even go so far as to edit out the artists' signatures and copyright information. It's a fact that significant numbers of images you'll find online are NOT copyright free and CANNOT be reproduced, altered, or sold in any way without the original artist's/photographer's written consent. PLEASE NOTE: THIS INCLUDES PHOTOGRAPHS! Ignorance of the law or of the image's real creator/owner is no defense if one or more of these artists ever decides to take you to court for infringement. Best advice: unless you know the REAL source of an image and have obtained permission IN WRITING from its creator or determined for certain on your own that it is, indeed, public domain, you should not reproduce it and definitely should never sell it. Don't rely on someone else's assurances. WARNING: Most of the fantasy art compilation CDs and DVDs being sold here on eBay are illegal and are classic examples of rampant copyright infringement.)
c. "everyone's doing it" (so that automatically makes it OK),
d. the artists are "being selfish" (!!!), and
e. you're "paying for their time." (Sorry, folks. No amount of time a person spends compiling and editing stolen art (and this includes photographs!) for sale in any form - such as CDs, DVDs, cross stitch charts, needlepoint, switch plates, wall clocks, T-shirts, tattoo/airbrush "inspirational" collections, celebrity collections, pendants, charms, etc. - magically makes that art theirs or protects them from potential copyright infringement lawsuits. When notified of infringement, most artists/rights holders WILL go after the offending party through appropriate eBay and, if necessary, legal channels. In particular - don't mess with Disney!).
Needless to say, the original artists whose work has been stolen are typically not given credit for their images and see none of the profits. For many of these folks, art is their primary source of income, and by proliferating the art without credit or compensation to the artists, these scammers (and countless others like them online) are taking hard-earned bread off the artists' tables. Instead of exploring their own talents, they exploit the talents of others and encourage unwary buyers to do the same. There are words for folks like this, and none of them are very nice.
Bottom line: don't let yourself get scammed, and don't reward thieves by bidding on and purchasing their items! Sellers of legitimate computer-generated cross stitch merchandise should be able to tell you:
- the correct names of ALL the artists/photographers whose work appears on their charts, patterns, or kits, along with links to those artists' websites or other appropriate contact information. This way, if you have any doubts, you can ask the artist/photographer in person whether s/he has given this seller permission to use his/her images. Legitimate auctions should also tell you that ALL copyrights to the original image itself are retained by the artist/photographer. As an artist I can tell you that most, if not all, artists/photographers REQUIRE that such information be included when they have given legal permission for their work to be used. It's a formal part of the licensing agreement, and it's crucial in terms of helping them gain recognition for their work and maintain their copyrights. This is why you should ALWAYS be suspicious of computer-generated charts with no artists'/photographers' names attached. To quote the US Government's copyright website (http://www.copyright.gov/circs/circ1.html#wwp), "A work that was created (fixed in tangible form for the
first time) on or after January 1, 1978, is automatically
protected from the moment of its creation and is ordinarily
given a term enduring for the author’s life plus
an additional 70 years after the author’s death.
In the case of “a joint work prepared by two or more
authors who did not work for hire,” the term lasts
for 70 years after the last surviving author’s death.
For works made for hire, and for anonymous and pseudonymous
works (unless the author’s identity is revealed in
Copyright Office records), the duration of copyright will
be 95 years from publication or 120 years from creation,
whichever is shorter." A vast number of older works (created prior to 1978) are typically also copyright protected, so wise creators of homemade charts should be diligent and a). work directly with the artists whose images they admire and would like to sell (and respect the wishes of artists who decline to let their work be used), and b). DO THEIR HOMEWORK re: the real creators/sources of the images they'd like to use. Do NOT automatically trust the creators of many homemade art/photo compilation CDs and DVDs being offered here on eBay. While some of the vintage/classical images being sold on these discs are indeed public domain, there are also a LOT of folks selling collections of what is, essentially, stolen art. Don't let their dishonesty become your legal headache!
- the CORRECT titles of many (if not all) of the images being used. In many cases (though not all) generic or altered titles are a dead giveaway of infringement. For instance, sellers illegally using Ciruelo Cabral's "Dark Dsurion" (there's currently one based in Canada) will typically give it some generic name, like "Dark Dragon," and they'll never include his name or references to his copyrights (since, obviously, they're ignoring them). One notorious UK seller has been known to illegally offer Ruth Thompson's "FAITH" (which has been re-named "TRAIL" and, typically, contains no mention of Ruth, her copyrights, or links to her "Tarnished Images" website). She's also offered Michael Whelan's "The Snow Queen" and "The Summer Queen," renamed "Moon Mask" and "Sun Mask" respectively, and has been known to sell Goldenwolf's (Christy Grandjean's) "Little Friend" renamed as "Companions." These are just a few of the images I recognize (she's also got Bev Doolittle, Sandra Kuck, Karl Bang, Sheila Wolk, Michael Parkes, and a host of others, NONE of whom have sold her copyrights to their work). Most, if not all, of the images she's selling are stolen, and she's got PowerSeller status - proof that eBay's rating system is NOT your best guide when it comes to chronic copyright violators.
- where relevant, the name of the company (or companies) that licensed the images for reproduction, along with the correct years of copyright and contact information so that the legitimacy of the merchandise can be verified.
UPDATE: Many sellers are increasingly stealing the work of photographers and newer, less well-known artists in their continued efforts to profit without being caught. Digital art is a particular target. The damage these people can do to budding artists' careers and potential future LEGAL licensing agreements is astronomical. If you recognize someone's work and suspect or know it is being used/sold without their consent, PLEASE take the time to let them know. Don't bother trying to inform the sellers. While some are appreciative because they don't realize an image they're using is copyrighted, many more will ignore you or get nasty/defensive because they DO know and don't care and the auctions will stay up. Go straight to the artist and let eBay and the artist take action from there. When eBay receives enough complaints directly from the copyright holders themselves, they tend to shut these sellers down completely, which is a much more constructive result.
Here's an interesting/relevant case: an angry, rambling rebuttal guide (aka Cross Stitch Warning!!!!) is floating around on eBay, referring to reviewers who discuss the very real legal ramifications of rampant copyright infringement as "unscrupulous." This in itself is odd/suspicious, since no one who's doing business legally should be threatened in any way by this guide or others like it. Much of the language is highly emotional and inflammatory (note the pervasive "shouting" in caps). Among other oddities, this dubious guide states that it's against eBay rules to contact sellers. While it's certainly true that one should not harass or abuse another person using the eBay system (or any other, for that matter), the very fact that eBay allows potential buyers for every auction to "Ask Seller a Question" is proof that this point is false. Buyers are well within their rights to ask sellers if they know the names/contact information of the artists who created the designs they're interested in buying. They're also within their rights to ask if the seller has dealt with the artists directly and obtained legal permission to use their work. The only reason a seller might be troubled by or ignore such questions would be if s/he can't answer them (at which point the buyer must draw his/her own conclusions about the legitimacy of the product being sold). At the very least, this person has not done his/her homework in terms of knowing PRECISELY where that image came from. Upon further reading, viewers of this "rebuttal" guide can easily conclude that it was written by an infringer who's been caught/reported before. The rather single-minded diatribe against various methods of infringement notification - especially trying to let the seller know that they are or may be in violation - makes it obvious. The tone is that of a child caught with her hand in the cookie jar, trying to deflect attention away from herself and others like her and onto the people who catch them and dare to question or confront them (those darned art "vigilantes"). It's almost certainly someone who's still currently selling infringed images on eBay (a major violation of both eBay rules and international law, notably the Berne Convention) and has been caught/reported multiple times, probably by myself and others - hence the persecution complex, the focus on fantasy art (What can I say? I'm a fantasy artist, I know a lot of other fantasy artists and their work, and I can usually tell when a fantasy image has been infringed. I also do regularly report infringers to the artists whose work they've stolen, as well as to sites serving the broader fantasy art community.), and the perceived need for a new ID. Then, too, there's the characteristically defensive rant that ratchets up into personal insults which reveal this "guide's" true motive: personal vendetta (or, "take that, you nasty people who keep accurately telling me - and the artists and the authorities at eBay - that I'm flagrantly ignoring copyright laws!"). The truth is always a threat to those who willfully ignore it and continue to profit by doing so. Increased awareness about spotting infringement and honoring copyright laws is probably cutting into this individual's profits (hence the desperate plea to "keep buying these charts"). Doubtless, it would be very interesting to see the fairies and dragons this person's currently selling, along with everything else, which is almost certainly also infringed. The fact that the writer created a whole new ID before posting his/her guide (seeking to avoid self-incrimination?), provides no evidence of his/her own authority on the subject, then proceeds to attack others (at least one legitimate computer-generated cross stitch seller among them) who have not posted their copyright guides under new IDs as hypocrites for "hiding their real identity" demonstrates serious credibility issues. For those of you who are interested, it's a very public tantrum that serves as a vivid example of the sort of language and convoluted "logic" (see points a. thru e. above) to which infringers regularly resort in defense of their actions - especially when they're feeling cornered. It's also a wonderful example of how atrocious spelling and grammar can destroy one's credibility in a public forum . . . but that's a topic for another guide.
Artists whose work has been regularly infringed: Karl Bang (esp. his beautiful Oriental, African, and American Indian women), Peter Pracownik (folks love his dragons - esp. the Earth Dragon), Myles Pinkney (wizards), Nene Thomas (esp. fairies), Ruth Thompson (esp. dragons), Amy Brown (fairies), Bob Eggleton (dragons), Ciruelo Cabral (MANY folks illegally selling his dragons), Luis Royo, Larry Elmore, Darrell K Sweet, Boris Vallejo, Julie Bell, Mimi Jobe (fairies & unicorns), Sue Dawe (esp. unicorns - and Kustom Krafts has ALREADY legally licensed her work for professional cross stitch patterns!), Randall Spangler (esp. his cute dragons), Paul Jaquays ("Dragon's Crag" is all over the place), Keith Parkinson, Wayne Anderson (dragons), Graeme Base (dragons), Roger Dean (dragons), Kirk Heinert (unicorns), Tinkler (unicorns), Chiu, K. Chin, Goldenwolf (her "Lady of Twilight" and "Little Friend" have been spotted), Jody Bergsma (gorgeous watercolors in all subjects, including horses, wolves, Native American, fantasy, and nature in general), Laurie Leigh ("Clover Fairy"), Nedda Shishegar " (mermaids - esp. "Companions"), Lee Bogle (American Indian), Maija (American Indian), Meilin Wong (digital dragons and mermaids), and more. Sadly, I'll have to keep adding to this list . . .
Guide created: 07/26/06 (updated 04/19/09)
Thank you for voting. If your vote meets our 
