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EnchantingRainbow — TUTORIAL - How to file a DMCA with Deviantart

Published: 2014-08-18 02:48:33 +0000 UTC; Views: 7836; Favourites: 161; Downloads: 39
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Description Reposting because I have NO idea what happened to my other copy - musta accidentally deleted it.

A few notes:
1. I say this in the tutorial too, but - Only the artist who created the stolen work can file a DMCA.  If you see someone who's art has been stolen (but it's not you), the best thing for you to do is note them to let them know, and link them this tutorial.
2. You CAN file a DMCA for pictures that are in storage or located off Deviantart.  Just make sure you provide a link to the item, wherever it is
3. Yes, this IS a legal document, but don't let that scare you So long as you're making an honest claim, and to the best of your knowledge, your work has been stolen, you shouldn't have any worries about legal backfire.

Also, if the tutorial looks too small, try hitting the download button to get a larger version (over here ---> )
Related content
Comments: 92

cosandk [2019-12-30 02:53:53 +0000 UTC]

if someone removes the original artwork, but needs to file a DMCA, do dA admins still see old art through links ? like ,if the link is still floating around somewhere for the original that was deleted, can someone send that link and dA still see the original? 

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EnchantingRainbow In reply to cosandk [2019-12-30 15:17:29 +0000 UTC]

Probably not if it's been deleted.  I find it better to put old deviations in storage instead of deleting them.

In your case, it might be better to get in contact with DA support, and see if there's another way to prove the original is yours.

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cosandk In reply to EnchantingRainbow [2019-12-30 15:46:31 +0000 UTC]

Aah thanks. 

The issue got resolved now, but thats good to know for next time at least

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Madpadness [2019-12-21 06:05:39 +0000 UTC]

does da send you information to the person you file a dmca against?

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EnchantingRainbow In reply to Madpadness [2019-12-23 14:13:07 +0000 UTC]

I dont believe so.

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Meowthiroth [2019-01-29 19:02:21 +0000 UTC]

There's this Tumblr blog that's been stealing fanart from myself and a bunch of other artists in one of my fandoms for the past couple weeks. Is it okay to file a DMCA if the stolen art is fanart? And if not, could I file one if I got permission from the creator? I know he's active on Twitter and he has DMs open to anyone, so I could probably contact him through there if I need to.

I really don't know what else to do about this because the other artists and I have been asking this person to stop and regularly reporting any posts with our stolen art in them, but Tumblr staff still won't do anything about it.

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EnchantingRainbow In reply to Meowthiroth [2019-01-30 19:25:49 +0000 UTC]

Sadly, the dmca on da is only for art posted on deviantart.

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KirbyKips [2019-01-16 22:43:48 +0000 UTC]

I found a user who took two of my pieces and reposted them.  One was put under Creative Commons where anyone can take it and alter it.  I didn't give them permission to take any of these pieces and I've warned them.  They didn't respond to any of my warnings.
His whole profile is filled with stolen work as well.
I want to report them but I'm afraid of giving my personal information out.
Should I just suck it up and fill out the form or is there some other way I can do this?  I know it's a dumb question but you never know what will happen if you give out your personal information.

Also if I should report them, is it bad if they have been inactive for several years?  I'm not worried if they're active or not, but people can still find their work and think it's theirs.  

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EnchantingRainbow In reply to KirbyKips [2019-01-19 20:51:09 +0000 UTC]

Ive filled out countless dmcas over the years, and nothing bad has come from it. Its a legal document, which is why they need your information.

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KirbyKips In reply to EnchantingRainbow [2019-01-22 04:35:32 +0000 UTC]

Oh okay.  It's probably me being a little too nervous! 

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Sittingbullfan73 [2018-11-03 23:29:32 +0000 UTC]

Someone edited my pictures can I still report them? They just downloaded the art and edited it.

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EnchantingRainbow In reply to Sittingbullfan73 [2018-11-09 21:10:20 +0000 UTC]

Yes, that qualifies as theft if you havent given permission.

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Sittingbullfan73 In reply to EnchantingRainbow [2018-11-09 23:39:10 +0000 UTC]

Oh, don't worry he's gone now.

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DankLaxr [2018-08-13 21:49:49 +0000 UTC]

Thank you.

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Twistymoo [2018-04-07 12:35:03 +0000 UTC]

I had a friend who drew a lot of fanart for me but things got rough and now they refuse to take down all fanart. Can I file a DMCA claim on them even if they haven't stolen my art but stole my oc?

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EnchantingRainbow In reply to Twistymoo [2018-04-08 16:19:25 +0000 UTC]

That I have no idea for, you might want to ask an admin.

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BritishKnight1788 [2018-03-14 19:07:13 +0000 UTC]

 question: can a owner report their stolen art while been blocked by them?

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EnchantingRainbow In reply to BritishKnight1788 [2018-03-14 19:13:16 +0000 UTC]

Yes, being blocked has no bearing on filing a DMCA.

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KlumTheGreatHero [2018-02-05 09:03:59 +0000 UTC]

So what do you mean " a company, client"? Meaning I can take down someone's art?

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KlumTheGreatHero [2018-01-20 12:49:50 +0000 UTC]

Also what about DMCA counter?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-01-21 17:51:38 +0000 UTC]

If you're filing a legit DMCA claim, you shouldn't have to worry about counters (I've never had one and I've reported a LOT of things in my time here)

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KlumTheGreatHero In reply to EnchantingRainbow [2018-01-22 06:50:13 +0000 UTC]

Also, there's "I acknowledge that knowingly filing a false complaint will result in the termination of my DeviantArt account.". Will result a ban?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-01-22 17:23:20 +0000 UTC]

That's only a problem if you're lying about your DMCA and you know it...so long as you can show that the stolen piece is yours, you have nothing to worry about.

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KlumTheGreatHero In reply to EnchantingRainbow [2018-02-04 13:39:52 +0000 UTC]

What about fake personal information like Street Address, Phone? If I doesn't has phone number, what I can do?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-02-04 13:48:03 +0000 UTC]

I wouldn't put in a fake address - unless you're homeless, you have an address.  As for phone, if you don't have one, I would suggest just putting in 0's

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KlumTheGreatHero In reply to EnchantingRainbow [2018-02-08 15:06:50 +0000 UTC]

Just type 0?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-02-09 17:58:09 +0000 UTC]

as in 000-000-0000 (or whatever format your phone numbers are usually in.)

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KlumTheGreatHero In reply to EnchantingRainbow [2018-02-10 15:43:07 +0000 UTC]

Also, the state and unit isn't required? So I leave it blank?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-02-11 18:47:52 +0000 UTC]

If it has the little red star thing (the *), it's required.

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KlumTheGreatHero In reply to EnchantingRainbow [2018-02-04 14:26:43 +0000 UTC]

What about Fax?

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EnchantingRainbow In reply to KlumTheGreatHero [2018-02-05 15:38:15 +0000 UTC]

That's not a required field, so just leave it blank.

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CrazyBrothersStyleR2 In reply to EnchantingRainbow [2018-01-23 23:31:34 +0000 UTC]

you mean when a person annoys a person hostilely for something they do not like, they report it and block it?

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EnchantingRainbow In reply to CrazyBrothersStyleR2 [2018-01-23 23:33:12 +0000 UTC]

I suppose - basically, if you report that someone stole something from you, when you know they actually didn't, they could file a counter-DMCA and get you in trouble.....basically, tell the truth and you'll be fine.

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CrazyBrothersStyleR2 In reply to EnchantingRainbow [2018-01-23 23:49:44 +0000 UTC]

look when a person annoys a person hostilely for something they do not like, they report it and block it? for example like this;
''So please stop sending me notes before I report you'' ''so please stop harassing me AND my sister and her friends as well because I will report you to the DMCA. Thank you. Have a great night or day''. 

Is it a warning or what does it mean?

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EnchantingRainbow In reply to CrazyBrothersStyleR2 [2018-01-23 23:55:52 +0000 UTC]

No, that's not what a DMCA is for - a DMCA is only for reporting someone when they steal your artwork.  What you're talking about is something else entirely.

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CrazyBrothersStyleR2 In reply to EnchantingRainbow [2018-01-24 00:05:10 +0000 UTC]

how something else entirely? is another DMCA? 
 

actually I got that from a person when he sent a note with the person harassing him for his arts and fanfic what don't like it saying ''So please stop sending me notes before I report you'' ''so please stop harassing me AND my sister and her friends as well because I will report you to the DMCA. Thank you. Have a great night or day''. tell me is a Is it a warning with a person?

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EnchantingRainbow In reply to CrazyBrothersStyleR2 [2018-01-24 00:06:44 +0000 UTC]

DMCA has NOTHING to do with harassment - literally, it's copyright law, and that's it.

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CrazyBrothersStyleR2 In reply to EnchantingRainbow [2018-01-24 00:09:34 +0000 UTC]

it's copyright law? how?

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EnchantingRainbow In reply to CrazyBrothersStyleR2 [2018-01-24 00:12:02 +0000 UTC]

The DMCA covers copyright law-as in, stolen art. 

Basically, if someone tries to submit a piece of art that looks like yours, that would be when you would file a DMCA, because they've stolen your copyrighted work.  

What you're talking about would simply be a basic report to the admins of DA, it has nothing to do with the DMCA at all.

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MusicVideo123 [2017-12-21 02:36:16 +0000 UTC]

Is the staff can go to my home?

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EnchantingRainbow In reply to MusicVideo123 [2017-12-21 09:32:05 +0000 UTC]

No - quite likely, the staff won't contact you in any way, providing your information is for legal reasons.

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MusicVideo123 In reply to EnchantingRainbow [2017-12-21 10:06:48 +0000 UTC]

If I can take down?

This said "Your Street Address".

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EnchantingRainbow In reply to MusicVideo123 [2017-12-22 08:49:32 +0000 UTC]

Yes, that's simply because a DMCA is a legal form.  I've filed a lot of them, and never had anybody come to my house.

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MusicVideo123 In reply to EnchantingRainbow [2017-12-22 11:50:44 +0000 UTC]

Phone number?

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MusicVideo123 In reply to EnchantingRainbow [2017-12-22 11:47:44 +0000 UTC]

Plus, the checkbox required all?

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LotoSoretsen [2017-11-27 04:23:50 +0000 UTC]

Do you have an updated version of this for DA's new format for reporting images?

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EnchantingRainbow In reply to LotoSoretsen [2017-11-28 14:36:52 +0000 UTC]

I don't - it's been so long since I've had to report anybody, I didn't even realize the format had changed.  I'll have to look into an updated version when I have some time.

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LotoSoretsen In reply to EnchantingRainbow [2017-11-28 20:48:03 +0000 UTC]

Alright. Thank you.

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williamwhitelow316 [2017-11-08 22:48:56 +0000 UTC]

Thank you so much about this tutorial,

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DarkFoxyPrincess [2017-10-30 18:49:08 +0000 UTC]

This is really helpful here,
I hope you don't mind I did make this journal about this 
and I did made sure you deserve full credit of this as well.

How to deal with Art Thieves
:iconenchantingrainbow:
TUTORIAL - How to file a DMCA with Deviantartby EnchantingRainbow
This is a little journal made by :iconenchantingrainbow: for anyone 
that is dealing with art theft.
Her link was shared with me by my DA sister :iconprincessalyssahybrid:
I thank you both for this information and I want to share this as well with others.
But please credit :iconenchantingrainbow: because she's the one that made this tutorial.
Thank you for helping the other Deviants with their
fight against art thieves.

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