Last week’s blog, Copyright Law is Changing! Is it Time to Hit the Panic Button?, was predicated in response to a viral video, Everything You Know About Copyright Law Is About To Change, generated by a credible source that according to this post on Graphicpolicy.com , Don’t Believe the Hyperbole, There’s No Orphan Works Law Before Congress, is completely untrue leading thousands of people to share, watch  and spread erroneous information with an agenda.

Oh, the power of the Internet!

The bottom line, as I said in my post and which was repeated on Graphic Policy, please, get educated about copyright and about anything else you may be passionate about especially when it comes to information shared on the web because, too much of it is either biased, false, or just plain fantasy.

People on the internet seem to get a kick out of being stirred up. In regards to copyright protection this could be an advantage to folks trying to protect works that have been infringed on. Face it. Nobody wants to go through the expense of hiring lawyers and marching to court in a copyright suit when it is much easier, less costly and sometimes more damaging  to shame an infringer on the internet.

We all got to see how shame was used to drive the dentist that hunted and killed Cecil the lion underground long before authorities even had a chance to file charges. It is much easier to get the public worked up in a lather over killing a beloved animal than it may be over copyright issues but it has been done successfully many times.

Neal Adams used this public shaming technique back in the 1970’s when he orchestrated a deal between DC and Superman creators Jerry Siegel and Joe Shuster. The Swipe Files on Bleeding Cool regularly hang infringers and plagiarists out to dry. We all remember what a mockery Shia LaBeouf became after his repeated plagiarisms. Marvel is no longer haunted by the perpetual public shaming of how they screwed Jack Kirby now that a deal has been settled with the Kirby family.

Online people fight their own wars behind the strength of their social networks. Cartoonist Jess Fink, for example has raised awareness of her experience with Todd Goldman on her Tumblr and it has reached the audience of Comics Alliance.

Shaming like this does not have to happen. Usually when a copyright or trademark holder recognizes an infringement they notify the infringer with a Cease and Desist letter. Rational people realize that they have been caught or have infringed unknowingly and respond apologetically and appropriately to immediately rectify the situation.  The real crooks get defiant and retaliatory, responding with a sense of righteousness and self entitlement that is beyond reproach. That is when it is time to bring it on but be wary, their moxie is generally driven by knowledge of their own deep pockets and a willingness to drain your resources legally.

I recently witnessed an artist who recognized a logo he designed on an unauthorized website. He had designed the logo for a company that used it as their trademark. He took it upon himself to notify the site that unless they had permission from the TM holder that they should not be using the logo. The initial response was the dreaded, “Don’t worry I’ll give you both credit and you will enjoy the great exposure!” When that was not deemed acceptable the infringer became a jerk acting like he was the violated one. This all played out very publicly on social media where the support apparently was strongly on the side of the artist. The logo was eventually removed and both sides agreed to remove the involved posts. Hopefully this is the end of this situation and both sides are content with the end result, though I am sure each has a stink eye out for a potential libel suit.

Avoid the shame. Play fair and don’t infringe on peoples intellectual property. If you wouldn’t steal their car why is it OK to steal their art? If you don’t understand how this works it is time that you get educated on the basics of Copyright and Trademark.

Gerry Giovinco