Please help me…
Someone is using my artwork without permission.
First let me tell you the background:
A person named Dominick Mezzapesa contracted me to do 3D artwork for his new book. This was done online via Elance.com. He made me do two different revisions of his 3D hovercar. He gave no downpayment but I trusted him since he paid for a smaller (paid) job I did for him at around the same time.
After working on it for a whole month, he suddenly ceased contact. He never said why. I didn’t place much attention to it because I received several larger jobs from other clients after that incident.
Recently, his book was released. When I visited his site, www.savageearth.com, it was updated and the front page cotains a small version of my render! I remember sending him a lowres work update. Maybe he used this or worse yet, he may have taken the one posted in my gallery.
Thru Whois, I found out his address. His book is on Amazon.com. It’s title is “Savage Earth: Last sister planet”
I already reported it to Elance and Squaretrade but they too were ignored. It is nearly 8 months since our last contact and he still ignores me. Even my posts on his message board were deleted.
A lawyer told me he would help me for $500. I don’t have that kind of money to spend on this. And there are no guarantees we would win the case. Besides, the money he owes my is only about $112~150US.
I am in the Philippines and cannot personally protect my rights. I have the source files and full transcript of our conversations. I can prove the artwork is mine (I have the model and scene files, etc).
Please fellow 3D artists, give me some advice on how to deal with this problem.
I’m not a lawyer, but I fear your chances to see the money are not the best.
First, there is obviously no contract.
Second, it seems to be an international affair.
Third, if he made a high res out of your low res model one could dispute if he only was inspired by your work and made his “own” model.
(one had to compare both models)
Fourth, the amount in dispute is too low.
(You probably would have to pay more for all the stamps, envelopes etc. for correspondence and, the lawyer of cours).
I think the only thing you can do is what you already have started: To tell the truth in his forum and review sites.
Maybe the community can support you with that.
But take care not to get charged yourself.
Personally, I can’t help, but I will never buy anything from him…ever. Next time you do work, ask for a deposit in advance and get everything in writing.
Well, that is up to you, ofcourse, do you want to let that bugger away with it, but as you said, you would loose more money than gain in the process.
Some people would go through the hussle just because it would be right, but that is a thing that sould be considered hard, because he’s just a drop in the ocean.
Cheapest way, i’d recon, is, that you would just keep messaging him through the publisher of the book, e-mail, bookforums etc.
Tough there is a huge change, that you will never see your money. It’s a bitch, that some people just cannot be trusted.
No, definitly not. But I think your options are limited. (law is not justice)
I will take this story to get better informed myself about copyright for artwork and online deals. Something I should have done long time ago.
I’d contact both the publisher and amazon and explain to them the situtation, that the book they are selling contains work that is an illegal breach of copyright. This would be more effective if you could at least write the letter, then pay a lawyer a small fee for him or her to send it out on the lawyers corporate letterhead.
personally… i say pay that lawyer the money even if u make less then u spent… its all about spite now and not letting people get away with this kinda shit
the only real way i could help is emailing my disgust, which i will do… and good luck
yeah, i agree with that. you might lose a bit of money (i mean, what’s a few hundred dollars :o ) but at least you will show him that he is wrong and get back at him for what he did. I definetely would not let him go.
I agree with piet1 or whatever his name is. Let’s do something to him. Preferably, let’s make him pay double the amount he promised ernels. In fact, let’s see if we can triple it and get paid at least a little for helping out. I’d be willing to do it at least a little, pay or none.
So ernels…
Where can we e-mail him? I’ll spam him and torture him with two screennames.
I agree with Bapsis. In fact, do that anyway. AND send the letters, but don’t include the image. Do something that makes the book look like it sucks, and make sure it says something like, “Illegal Books: How To Rip People Off With Their Honest Working.” That way, nobody will buy it. Hopefully.
Dominick Mezzapesa [email protected] [email protected]
2 Silversmith Lane
Levittown, New York 11756 US
Elance username: mezz1962
Books available on: www.flyingdolphinpress.com and Amazon.com
Book name: Savage Earth: Last Sister Planet (note that the publisher
says the image is NOT on the book)
Website: www.savageearth.com (there is a message board here but he
keeps deleting my messages)
* NOTE: Please be careful on what you say *. A lawyer friend of mine says this guy may file a harassment or even a stalking suit against me! SO AGAIN, BE CAREFUL
he used a small version of this on his frontpage flash.
The final pics were rendered at print resolution. I am unsure if he has them unless he cracked the ZIP file I posted while waiting for his payment on Elance.
