Update on the yakubenko case : Art Paraphrasing Plagiarism and Copyright Infringement
Here we are again with the @Yakubenko case update, finally we have all the pieces to complete the puzzle.
First we remember what we are talking about, this is the post in question
In these posts the author does not mention any source from where she made the portrait, being implicitly assumed that in the absence of sources she made the portrait from a live model or from a photograph of her own authorship.
After my last report this picture comes out
Now, we are able to enter into a total contact with the true artist of the work, and that is what we have done.
What emerged from it, states as previously stated in the previous article, that the image is covered by copyright and, it is not allowed to make derivative works for monetary purposes without permission from the author.
These are the screens of the conversation with the artist MARTA BEVACQUA
This is the translation of the conversation:
Tue 23 Apr, 18:36 (21 hours ago)
Hi Marta, I am part of an anti abuse team on the steemit platform, I found this job and I went back to you. This is the link of the photo......
Marta Bevacqua
Tue 23 Apr, 19:08 (20 hours ago)
Hi ... Thanks! I confirm that the image is mine
Tue 23 Apr, 20:11 (19 hours ago)
Thanks for your quick reply, we will remove the picture as soon as possible!
Tue 23 Apr, 20:25 (19 hours ago)
You could kindly confirm that you don't authorize your work to be monetized ... it's important, thanks again
Marta Bevacqua
06:44 (9 hours ago)
I've given permits a few times. it depends on what the image they are using in most cases I do not authorize
08:49 (7 hours ago)
Let's talk about a Ukrainian who is using your photos to make drawings and then you pay...
Marta Bevacqua
08:51 (7 hours ago)
Then in this case absolutely, I do not authorize monetization Thank you
09:04 (6 hours ago)
Perfect thank you very much! And congratulations for your work!
Marta Bevacqua
09:30 (6 hours ago)
Thanks a lot:)
https://www.martabevacquaphotography.com/ to contact her (A real ARTIST)
I hope it is clear now to everyone that @Yakubenko has committed art paraphrasing plagiarism by not citing or crediting the author and is in violation of the steemit TOS:
"If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.")
as well as infringing on the rights of the photographer.
"Congratulations for your art" @yakubenko
This is @ilGiaguaro,
Reporting directly from the jungle.
Onwards!
https://steemit.com/photography/@daio/few-expected-the-court-to-take-the-side-of-an-emigrant-artist-from-russia
Hi @onceuponatime,
I am hopefully trying to mediate this issue but would like to understand your point of view.
First of all, I will state the manner in which this case was conducted and the communication from the JF team was not the best. That's a given but I would like to think about where we are at this juncture and perhaps a good way to move forward.
At this point, we have the source photographer disagreeing about monetization of this derivative work based on their photography without citation.
Personally, I don't think this artist is going to sue but, from what I have read about derivative works, the seem to have grounds if they wish to pursue.
As far as I am concerned, that's water under the bridge and something hopefully this user will not have to deal with.
One thing that comes to mind to keep the heat of so to speak is to cite the source of inspiration.
Also, seems to be honest to at least mention the work is derivative for more reflective curation as people do tend to value original works over those that are derived. I think we would all like to see honesty and transparency incentivized on this platform, right?
Being honest about ones work and accurate in the representation thereof is what I would like to see. It's so easy to drop a source and maybe put in a good word for the photographer. Think it is also a matter of professional courtesy.
If I was a photographer just barely scraping by, I know I sure as hell would appreciate that. Now if they didn't and I found out they used my work for money without any kind of shout out. I would be peeved as well. I just don't think is any good reason to omit the source of inspiration when it has been pointed out.
Lastly, I would hope that the JF team focuses on their conduct in future cases of this type but hope that despite these shortcoming that you may see the issue with failing to cite source of inspiration.
To be frank, I HATE dealing with these cases. Too much drama. It's much easier to go after copy/paste abuse. Still yet, I would like to see all artists citing their sources and being honest. The question is what is the best way for us to get there?
Posted using Partiko Android
The JF team appear to be dealing with steemiams from another culture who don't even speak English but are using Google translate to communicate. The miscommunication is rampant and self-evident. Having lived in other cultures myself, I know for certain that not the entire world shares the same paradigm. It was obvious that the bloggers being harassed by the JF team were not feeling guilty about anything. They had not violated their own personal codes, nor, apparently, that of the society in which they live. They seemed to be righteously indignant at the treatment they were being given by their attackers.
I personally intervened a couple of years ago when a coterie of misogynists were attacking and flagging @sweetsssj, a Chinese girl who went on to become perhaps one of the most successful Steemiit posters of all time. Had I not intervened, she would probably have been forced by her attackers to leave the platform. And steemit would have missed out on the huge number of new accounts that she brought to us.
In the current situation, I advised the girls under attack that they submit to the attackers point of view to make their own lives easier. But, lo and behold, even after saying that they would follow the attackers requirements the attacks continue on new and unrelated posts that have absolutely no violations even from the attackers points of view! https://steemit.com/photography/@daio/my-roma https://steemit.com/photography/@daio/our-cosmic-eggs https://steemit.com/@yakubenko
Besides this, the JF team is now, after the bloggers have submitted to their requests, continuing to post inflammatory and/or unproven articles about them for personal gain, not for the good of the platform. Luckily for them I am currently swamped with non-steem projects so I do not have the time or energy to properly deal with these misogynists. But they can rest assured that, once my schedule and steemit resources again permit it, I will be back (in black LoL)
p.s. You might be interested in a situation that has some similarities and shows that "power" can, and usually does, go to the heads of self-appointed morality police:
https://steemit.com/steemit/@hilarski/we-have-a-new-person-on-steemit-bullying-women-g1awobev
.
https://steemit.com/steemit/@xvickx/when-popular-steemians-plagiarize-why-hilarski-and-annahilarski-are-thiefs
lets cut to the chase, you are knowingly supporting assets of a known plagiarism ring, the yanik ring, even in the face of blatant evidence, come back in black, we will act then as we deem appropiate.
Let's cut to the chase. You are a power tripper and a bully. I don't have time for either. After the girls grudgingly acquiesced to your opinion, you continued to harass them on their unrelated new posts that did not violate any of the rules even as you perceive them. Because you can? Whence your assumed authority?
contact @anthonydavisii, hes the mediator now.
His comment, and my reply, are immediately above ^^
You have intruded into our conversation.
Also, regarding the daio case that this gentleman flagged 50 times,
here it is from the horse's mouth:
Its just a matter of time for a DMCA takedown notice to happen if this gentleman keeps supporting plagiarist, its not a matter of if but when.
in this way i think, or something like that
https://steemit.com/utopian-io/@ilgiaguaro/general-lines-to-avoid-bad-surprises-some-examples
only you defend her .. Stop dreaming about her
Other succesful artists in the steemit community do not agree with you and your bully mercenary tactics:
https://steemit.com/art/@silviabeneforti/learning-day-by-day-thanks-the-great-artists
And only I defended @sweetsssj from bullies like you. She went on to become one of the greatest successes on steemit whereas misogynist assholes like you have come and gone.
@sweetsssj don't need your help.... lol...
... im not a bullies... you dont know me, bring me respect, and not flag my work, what i write is all verified, you just have to read ...
Your commitment on the platform is important, don't use it the wrong way ...
@sweetsssj don't need your help.... lol...
She hasn't needed my help for a long time. That is because I got rid of the bullies that were downvoting her when she was new on steemit.
Then answer her post. She is a successful artist on steemit. She disagrees with you and thinks you guys are being bullies. Answer her:
https://steemit.com/art/@silviabeneforti/learning-day-by-day-thanks-the-great-artists
i know her, and she doesn't think like you...
So now go here:
https://steemit.com/photography/@yakubenko/my-new-love-woman-and-flowers
https://steemit.com/photography/@yakubenko/my-new-watercolor-art
Their also understood ...
I repeat to you, I'm not here to create discomfort, just to enforce what is right, and a very important thing i don't have it with girls @daio and @Yakubenko ...
You will see the answer but not from us, you will hear it from a REAL artist in steemit. Will link you when ready
Additionally, read the post above and see what the REAL artist that took the photograph thinks, she does not want derivative works of her photograph monetized by this user,
thats the final word that counts.
@onceuponatime Thanks for supporting artists!
Here you go, enjoy!
https://steemit.com/ntopaz/@armandosodano/ntopaz--armandosodano--458703286--ntopaz-utopian-io-antiabuse-ita-art--2019-04-25-15-11-36--artwork--none
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