Swimtails Violates Copyright Use + Other issues summary (includes screenshots)

[AniaR]

Warning, this is a long post.

This went down on Facebook so I am sharing it here because with all the drama with this company people should be aware so they can make educated decisions when purchasing from tail makers.

Disclaimer: Several mers have been threatened with cease and desists for sharing these facts. If you have proof of similar dealings please share but with proof.


A few things to note:

In 2015 they were caught ripping off Finfolk by placing FFs photo of tails they've made over their fabric design. The community chalked this up to a misunderstanding, but it's documented here: https://mernetwork.com/index/showthr...l=1#post184764

In 2018 there was a big social media storm when their instagram claimed that the husband cheated on the wife and the company was going under. Shortly after they back tracked that, but cancelled a bunch of people's orders. Many folks in 2019 are still waiting on orders: https://mernetwork.com/index/showthr...ver-came/page2

As of the end of Feb 2019 their account is in delinquency status for failing to file their business paperwork:


The Issue: Violating the Copyright of another Artist.

Swimtails had this post up for several days of a new tail they had for sale.




The problem with this post is that it contained an actual digital overlay file copyrighted by a well known fairy artist. So to be sure everyone understands, the issue at hand is not a tail that looks like someone else's work, but rather a tail physically made using a digital art file that was copyrighted and available for licensing.

The artist in question, contacted swimtails. I am posting their communication with permission as they are not on Mernetwork:





After a lack of response (2 days), the artist made a statement on their website about how to properly use these types of files, which was then shared around in groups:
http://www.fancyfairy.com/news/2019/2/27/copyright-psa?fbclid=IwAR3Sh_OYfqdjsLmcc9buzDs6h-yaShQwiDka7xqlzPZixHsQtg2Zo0-NrGA

It was shared in one group, and the co-owner of swimtails decided to reply with threats of legal action for sharing the link:









Swimtails then took to instagram to reply to the artist in question, after failing to do so via email:



Then they replied to the emails:



Then back to instagram:




Then back to email:




At this point swimtails decides they will not cooperate with the artist and would rather set their own terms AFTER STEALING HER WORK.





Then Ryan stepped in, all of a sudden this is a huge money making opportunity for the artist despite the fact that swimtails has no money to pay her fee or money to refund customers...




So if all of this is a little over your head, here's a summary:

• They violated her copyright by using the file without clearing the use or paying the appropriate fee
• They refused to pay the fee
• They tried to impose on HER for the use
• They've threatened multiple mers with an attorney for mischaracterization
  
• They've got a bad history in the industry at this point

Nerdmaid Faith did an excellent recap of issues prior to this if you want an easier way to view:




EDIT TO ADD MORE INSTAGRAM/SCREENSHOTS: