Artwork deleted without warning

Support
#1

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Hi,

Would you be able to elaborate how my fan art is an infringement since I am not even attempting to make money from it nor am I going around advertising the art style as my own. Also if the title was not appropriate, a notice for me to change the title would have been a more appropriate response.

In my defence, I am a 3D artist and I rely on my portfolio to get work. I feel that denying my access to my own work and affecting my ability to make a living might warrant a more measured response from you guys. I am going to go on social media and post about this soon so please respond at your earliest convenience.

Thank you

#2

Fan art isn’t exempt from copyright infringement or trademark violations, and Sketchfab are required to enforce DMCA notices from the copyright holders, in this case someone acting on behalf of Warner Bros.

It would be nice if large copyright holders would be more understanding about fan created content (especially of the type that isn’t monetized), but at the end of the day Sketchfab are legally required to act if a DMCA notice is filed. It sucks, but there isn’t much that can be done.

#3

There are multiple Batman models on Sketchfab, why is mine the one that gets taken down though? Yes I know it’s sucks but where is the consistency in enforcing rules? What message is Sketchfab trying to send by taking down fan art?

#4

Ask Warner Bros why yours has been DMCA’s while others haven’t. Sketchfab aren’t the ones making the choice here.

#5

I am asking Sketchfab since Sd ketchfab is the one running this platform with its own set of terms, Warner got in touch with Sketchfab and Sketchfab knows what’s up, otherwise they would not have made such a drastic move.

Thank you for your input so far but they are hardly useful. I would if I could get a direct line to Warner but I am on the Sketchfab platform and it is perfectly reasonable to ask for an explanation from Sketchfab staff. I prefer a response from Sketchfab staff thanks

#6

You clearly don’t understand what the DMCA process is despite me trying to explain

This is nothing to do with Sketchfabs terms. It is to do with DMCA laws in the US.

If someone files a valid DMCA complaint, Sketchfab have to remove the content. That’s how copyright and trademark laws work. It is the exact same way it works on other content platforms like YouTube.

If you want Staff to tell you the exact same thing, you should should either reply to the email you where sent, or contact supprt@sketchfab.com

1 Like
#7

pretty much what phil said, this is likely a case that someone saw your model and decided for some reason to inform warner about it, or warner just somehow learnt of its existence, it has nothing whatsoever to do with sketchfab other then sketchfab are legally required to take it down because warner are forcing them to do so.
This sort of thing happens every day on almost every platform, I think at the end of the day in your case was just a bit of bad luck.
Its also likely that sketchfab were not given any specific reason for the DMCA , only warner could tell you that

#8

I still think it was awful to delete my model without any form of warning. Am not exactly sure if that was the correct process. Shouldn’t a warning been given first? I have been on Sketchfab for years and have never run afoul of any form of copyright infringement. As a result, the hard work I put in the model is now gone forever.

Again I am on the Sketchfab platform and sketchfab’s terms of services allowed artists to not be protected of fair use. I would like a Sketchfab staff to comment on this thanks.

#9

And I am trying to understand in what way is the DMCA valid. And no it does not work the exact same way as YouTube, as I am pretty sure my work is covered under fair use. I have contacted Sketchfab via the support email thanks.

#10

You’re not the only one, Warner media also did the same thing to me a couple of days ago, and one of my models was taken down. I had already emailed Sketchfab staff, but sadly nothing can be done. Warner Bros is pretty notorious about DMCAing art.

But yeah, the guys in this thread have already given you more than you’ll get from contacting Sketchfab.

1 Like
#11

Sorry this happened to you too.

The following is what I gleaned off sketchfab’s own website:

“…If the owner of a copyright sends a legal takedown notice, Sketchfab will give the affected user a reasonable amount of time to remove it or send us a Counter Notice…”

I wasn’t given that luxury, were you?

https://help.sketchfab.com/hc/en-us/articles/203020988-Report-Violation If you are interested to read more.

1 Like
#12

No I was not, The model was disabled without warning and I was sent the same email you received about warner media. I was told “Sketchfab has no control over the fan art policies of third-party IP owners, so I’m afraid I can’t help you with this”. in the email response when I contacted them.

From what I gather warner media had someone browse through the site and randomly select models to throw a DMCA at, I imagine we are not the only ones effected by this.

#13

In response to all the helpful comments above: this wasn’t a DMCA takedown notice (which would have had the same result, but would allow you to file a counter-DMCA notice to have the work restored), but a trademark takedown that came directly from Warner Bros. We’re legally required to follow these, and the process does not allow for a warning.

2 Likes
#15

Thanks for the response.

Was there any clarification on what basis my art ended up being a trademark infringement?

#16

Well, it was a Batman scene, and that’s one of their trademarks?

#18

Sorry, I didn’t mean to sound pedantic but with this it is basically guaranteed that artists who do fan art just for fun, not for profit, are walking on eggshells by default.
And if it’s not too much trouble, please add what happens if a “trademark” takedown happens in your FAQ, since there is basically no way to prevent it unless one stops making fan art altogether, and if it happens that is no way to remedy it, this causing much anxiety and confusion. The least Sketchfab can do is to make it as clear as possible to users that they are powerless if this happens.

I understand this is probably chucked somewhere in the user agreements, what I am suggesting is to make it clear in a form of an FAQ. Just my 2 cents

1 Like
#19

Thanks for the reply Bart! HongZhihao I wouldn’t let it detour you from making art, This kinda thing also happens even outside of Sketchfab. It’s unfortunate users works have to be disabled, but I don’t think Sketchfab would disable the model unless it was to protect you, and itself from any legal issues. Keep on being creative bud :slight_smile: