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A Chinese company that is making an I-Phone clone is using my work to promote and advertise.

more here:

here's a link to the company info:

It even appears they have used the image of Apnea for a theme - if not a mockup for advertising and promotion.

Does anyone speak Chinese or have any ideas about Chinese law or how to go about contacting them?  I wonder if I even have any chance of collecting any damages for unlicensed use of the image?

Is China a member or participant of Bourne Convention agreements on copyright?

Will someone make me a sandwich?

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3tz3r Featured By Owner Apr 25, 2010
I know this is a REALLY old topic but I just wanted to clear some things up for anyone who didn't find out... If any one of you would use Google translate to check out Meizu's forum (where those mock-up images came from), you'd know that these were fan-made images by a forum member and not official proomtional images by Meizu themselves.
SomarGraphicsStudio Featured By Owner Apr 25, 2008
I don't want to sound like I am being racial, but I probably will... Actions like these start wars, fucking thieves.
b-M-d Featured By Owner Apr 12, 2008  Professional General Artist
I'd hate to say it, but piracy is common all across Asia.

I doubt there is any way to get compensation or anything out of it without having to sue. :p

Best of luck to all of you at Lithium Picnic, to Apnea... :)

Great great photography! :headbang:
pinklacqueredskies Featured By Owner Mar 14, 2008
I speak chinese but I'm not too sure about the chinese law system.
You could try and contact the company, send them an email or something it's a pretty big company so they'll understand english.
Good luck X
Edwardv Featured By Owner Jan 18, 2008
The Chinese are famous for copyright violations. Good luck with you effect contacting the company and settling the issue.

Have a nice day:sun:
crimson-touch Featured By Owner Dec 25, 2007  Professional Interface Designer
if you want i can try and help
i do speak chinese though im not totally fluent in it
z-monster Featured By Owner Dec 23, 2007
Hey Phil,

I was going thru some of my older copies of Gothic Beauty and came across the issue featuring the very same image of Apnea.

Not knowing the current status of the issue at hand here, isn't Gothic Beauty doing something about this also?

For those are currious, Gothic Beauty issue 20 is what I am referring to.
somaphotos Featured By Owner Dec 19, 2007
not to be pessimistic but i have chinese friends and they say that the chance of getting any sort of compensation or reimbursement is slim to none. without trying to come across as negative or anything, i wouldn't waste your time. chalk it up to experience, and don't post hi res unwatermarked images online anywhere...
chrisntheboat Featured By Owner Dec 16, 2007  Hobbyist Digital Artist
they always steal stock from artist gallerys, of course it is a awsome pic...f ' them...
javierocasio Featured By Owner Dec 6, 2007  Professional Interface Designer
hey they reply to you?? I want to know what they said. The other on the site is mine.
xylem Featured By Owner Dec 6, 2007
This sucks :( I think the clouds one is something that kol - [link] has done.

Good luck with it.
magentta Featured By Owner Dec 5, 2007
hotwiar Featured By Owner Dec 4, 2007
Good lord- what next?
lugerman Featured By Owner Dec 2, 2007   Photographer
What kind of sandwich would you like?
robinmitchell Featured By Owner Dec 1, 2007
those friggin' bastards!!!
knittedrainbow Featured By Owner Dec 1, 2007
you might try contacting apple about this? as it's already seemingly very similar to the iphone. you might be able to team up with them in some sort of lawsuit???
buttonman Featured By Owner Nov 30, 2007
I think you might need to get in line behind Disney ,as well as a few other companies, whose work or properties have been used there with consent.
theswardsman Featured By Owner Nov 30, 2007   Interface Designer
I speak a very little bit of Chinese, but unfortunately china by in large doesn't respect copyright laws at all... your better off hiring someone to go and repeatedly crash the companies servers than collecting damages from China, in fact the only way I could imagine you would be able to even get them to stop is by having your legions of fans bring forth a mass of bad press to the company, nothing irks a Chinese businessman more than massive amounts of bad press. :p
Best of luck in everything though, I love your and Apnea's work both individually and even more so collaboratively
OutlawStudios Featured By Owner Nov 30, 2007  Professional Digital Artist
you would think that with the availabilty of artists,some of these company's would find their own artists to create pieces that are specific to their product,if any of this is annoying its the fact that these folks are not supporting the arts in any way thats meaningfull to the or goes towards the personal fullfillment of the individual artist
Reve-Noir Featured By Owner Nov 29, 2007
A friend of mine had the same problem some time ago but she can do anything because the judge says that images uploaded on deviantart are free and anyone can use them...I think is not true but she have to stop the question. Good luck
Forsaken-Princess Featured By Owner Nov 28, 2007  Student Photographer
I'll make you a sandwich. :D
btoinc Featured By Owner Nov 28, 2007
dude i want a sandwich too,so bad about the stolen picture, but i got to say, Apnea looks so good on that iphone clone lol i hope everything goes well with that
crazyone04072 Featured By Owner Nov 28, 2007  Hobbyist Digital Artist
I saw a commercial for those, and recognized your photo immediately. I hope the company goes bankrupt after stooping to such a low level.
Warning-HPB Featured By Owner Nov 28, 2007
Warning-HPB Featured By Owner Nov 28, 2007
read it you might actually realise something
roseinthefall Featured By Owner Nov 28, 2007  Hobbyist Photographer
So, I saw the update at the bottom of the page. Does this mean they get to wash their hands of it completely? Have you been able to find the fan that made this?
Observer31 Featured By Owner Nov 28, 2007  Hobbyist Photographer
seems like hand-washing to me... :(
katzcad Featured By Owner Nov 28, 2007
even though this sucks that they are totally stealing your work without your permission/consent.. it is a huge comment that they need your pictures to help market their product! Damn! I hope you can bust their asses and get something out of it! Good Luck!
Chatterly Featured By Owner Nov 28, 2007
All chinese companies speak english, so you can write them anytime. But i think firstly you have to ask an international lawyer about their ripping, you should open judgement or ask for the payment of your rights!
kimi-is-so Featured By Owner Nov 27, 2007
i don't know much about Chinese Law, but if it comes to the point that you need to go to the ICJ for instance, just keep records of everything you did, proof that the image is yours, heck if its a computer file...keep that its excellant to prove that the image is yours...
good luck!! and i hope i helped
megarandy Featured By Owner Nov 27, 2007
if apple aint stopping them i dont see (sadly) much you could do. ham and chese ok?

sorry to hear this
jackandjohn Featured By Owner Nov 27, 2007
I am checking out your gallery just because of this pic; I doubt I would have seen it otherwise...

Not an endorsement of what happened, but a small bonus; international fame
wildefae Featured By Owner Nov 27, 2007  Hobbyist General Artist
that's truly bizarre. it's a beautiful shot and i'm glad they recognize the artistic nature. but you deserve credit.

i wish you luck with tracking down some help with this.
joychu1943 Featured By Owner Nov 27, 2007
ssix Featured By Owner Nov 28, 2007

BrandenKent Featured By Owner Nov 27, 2007
That is absolutly horrible. It seems no one respects art/photography or the artist as they should anymore. Im sure you feel violated. Best of luck resolving it. This is the last thing you need while dealing with the $.G. battle. Dont give up.
GilesTheBlank Featured By Owner Nov 27, 2007
shifty, good luck man
cottonwings Featured By Owner Nov 27, 2007  Professional Digital Artist
sigh china is a copycat country.. we can't stop themm... well i know chinese but not about the law!
dragonslayer0 Featured By Owner Nov 27, 2007
Bit Torrent anyone?
Tindermann Featured By Owner Nov 27, 2007
Ouch. Well, China is the Captain Blackbeard of copyright piracy. Just look at the DVD and software black market they have. Knock off companies surface and disappear in the blink of an eye. Good luck with that...
scalpod Featured By Owner Nov 27, 2007
Chinese pirates?! Who knew they were capable of such a thing?!

ayamei Featured By Owner Nov 27, 2007  Student
i'm sorry, i don't think i can help.
i know lots of products sold in China are copied, stolen, and resold, but it's so widespread that it's hard to monitor. that's why copyright laws are so lax in China.

you could try to talk with a representative from the wouldn't hurt to try.
dragonslayer0 Featured By Owner Nov 27, 2007
This is stupid, this is clearly a fanart post by someone to post on their forum. It like I use photoshop to modified harry potter photograph onto an iphone, does that mean that apple is using harry potter to promote their product? does that mean that apple need to pay warner brother or J.k. Rowling. Poor journalism on the part of the and quick reaction form you.
Twilit-Dawn Featured By Owner Nov 27, 2007
When it comes to that, I think you're outta luck. It's like that there though. Even the music - I read somewhere that 95% of all music sales is pirated music... things are just messed up.
sididis Featured By Owner Nov 27, 2007
Ah the wily orientals strike again, I see the dastardly dealings of the Insidious Dr. Fu Manchu in all of this, tilt at windmills all you may, it just takes a coordinated jump by the massed peoples of People's Republic of China to set the Earth off its axis. Fight your copyright battles closer to home where you have a better chance of actually winning.
Pytak Featured By Owner Nov 27, 2007  Hobbyist Photographer
The picture was NOT MADE BY MEIZU, it's MANIPULATED! The original one is here: [link]
CRAZYGRAFIX Featured By Owner Nov 27, 2007  Professional Traditional Artist
sorry no chance for you :( don´t try it the legal way! find yourself a good hacker on the internet and let him trash their whole online appearance and databases.....will not help you, will do a lot of harm to those f**kers and at least it might give you a little satisfaction :evileye:

revenge is bitter-sweet
CarlSpackler Featured By Owner Nov 27, 2007
fwiw, [link]
Good international copyright law info
rapxic Featured By Owner Nov 27, 2007  Professional Digital Artist
go sue these chumps
citizenklaw Featured By Owner Nov 27, 2007
First: STOP WHINNING. Next time use a Creative Commons License.

Second: HYPOCRITE. Did you ask for permission to use the image of Hello Kitty to Sanrio? If you did, show us. If you didn't SHUT UP.

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