So yesterday I found out that Randy Queen (artist of DarkChylde) filed a bunch of DMCA takedown notices to Tumblr to remove posts of his covers on this blog (the entire posts, not just the images). I’ve also gotten messages from other users that he’s had their stuff removed too (redraws, etc that have been featured here). Non-critical Tumblr posts of his art/covers and those praising his work appear to be unaffected.
I’m writing this to let other people who run sites that might have criticized his work ( thehawkeyeinitiative, bikiniarmorbattledamage, boobsdontworkthatway, repair-her-armor, comicartcorrections etc) know that he seems to use DMCA takedowns to remove pages that are critical of his work. And, to be prepared that he might have Tumblr remove your posts without warning (there was no prior communication of any kind, or conventional requests for removal).
Also, if you’ve submitted redraws of his stuff to these sites, you might want to ask them to put them private for now (if he complains about a submission you’ve made, Tumblr will count it as a complaint against your account).
To date, Mr. Queen is the only artist who has taken this kind of action - other artists and publishers seem to understand Escher Girls & other similar sites are fair use and criticism, and that fan discussion, positive or negative, is important and helpful to their business. (In fact, the creators I’ve interacted with are either fans of EG, or expressed disagreement but know that it’s fan criticism.)
If anybody is curious about what his DarkChylde art looked like and why they were featured on this blog you can find them here.
(Don’t harass him on his Facebook or Tumblr by the way. I’m not interested in having a feud with him, just letting people know what’s going on.)
Update: He has now filed a DMCA takedown with Tumblr to remove this post. This post is still up on Escher Girls, but every single reblog of it has been removed.
This is blatant abuse of the DMCA process.
Reproducing an image for the purpose of commentary and criticism is covered under fair use. People treat that as a gray area even though it’s really not… eschergirls is protected and essential speech.
But trying to get THIS post taken down? What exactly is he claiming ownership over?
God, boys are so fucking sensitive. What, can’t take a joke? Can’t handle some criticism? Go cry on your xbox or something.
When this happens, file a counter-notification: http://www.chillingeffects.org/dmca/counter512.pdf I know Escher Girls are on this, but for everyone else’s benefit: http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content
The DMCA requires your service provider to notify you promptly when it removes any of your content because of a takedown notice, and you have the right to submit a counter-notice asking that the material be put back up. There is no specific time limit for submitting a counter-notice, but you should not delay unreasonably in doing so. If you send a counter-notice, your online service provider is required to replace the disputed content unless the complaining party sues you within fourteen business days of your sending the counter-notice.
Don’t let jerks bully you. Don’t let them use the DCMA to take down legitimate criticism.