UT ARTISTS WARNING.

UT ARTISTS WARNING.

-LONG TEXT POST - EVIDENCE ATTACHED- 

NOTE: This post has no intention to aggressively or negatively affect any users. It’s a warning for the artists to take the necessary measures when dealing with the following user:

@swthedragonarist16​ on Tumblr @SkeleSabiArtist on Twitter During these years, Underverse and XTale, fan-series created by me, Jael Peñaloza (a.k.a Jakei) have drawn a lot of attention in the Undertale Alternate Universe community. The motives are diverse, and I receive great amounts of support and admiration from people, who motivate me to continue with this work until the end. It hasn’t been an easy job since I’m the only one working on the animations and comics, as well as a small amount of merchandise through conventions and support from small indie businesses also formed by fans. A topic that always generates debate in this type of fandoms is the denominated “ship” or romantic pairings between original characters (OCs). sonas or fan-characters (FCs) . Some people consider it something very scandalous and silly. Others simply ignore it and let it continue, since it’s apparently not causing any kind of harm to people in real life, and artists and fanfic writers who elaborate this type of works improve their artistic abilities and can meet new friendships through the internet. Personally, I’ve never cared about people using my characters to create their own stories and playing them, their own way. I eventually learned that my fan-characters are precise of the FCs type, I’m an Undertale fan. My XTale characters aren’t original, Underverse is a crossover of other artists’ fan-characters, derived from an already existing work. Pretending they’re of my total authorship and demanding each artist or writer to follow my story’s canon or designs would be absurd and hypocritical. The magic of fandoms is to open new possibilities to explore a character or original plots more in-depth. 

I was part of the creation of the Cross X Dream ship, and even though I no longer make content of it, and I’ve cut communication with Dream’s creator, this experience helped me mature even more, and use this story for my future original projects, where besides the amount of trouble this caused to both of us, I can now develop better characters inspired by what we’ve done. I kept the right to not give my opinion about it and to let people continue making works about an alternate story that they really liked, even making a better work than mine. Despite the persistent comments or forceful demands to make said story official, I withhold my right to stay silent. After all, everyone’s free to do whatever they want with fictional characters… …As long as they don’t hurt real people. 

Sabi is a user who really admires XTale, especially the fan-character Cross!Sans. Like any other fan, she really appreciates him, either because of his backstory or his design. However, over time, her affection ended up turning into a self-centered, pretty harmful obsession, where several artists external to the creation of this AU were involved, where she disapproves of content that has nothing to do with her self-insert and “Cross x Sabi”, her ship which basically she considers “official”.

Case 1:

UT ARTISTS WARNING.

-hd screenshot

Case 2:

image
image

- Link to full evidence and testimony from the author of the drawing.

Case 3:

Comment from an artist from another callout post on Tumblr warning people about Sabi’s behavior months ago.

image

Her extreme obsession with my character ended up in constant demands of fan-arts, art-trades, and even commissions about her relationship with a fictional character. To the point of getting to scam some artists or making wait clients for long time with vague responses, or accusing them that they are bulling her, threaten them with the words “You’ll have my blood on your hands”.

Case 1:

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- Link to full evidence and testimony from the client-  - Link to full evidence and testimony from client’s friend- 

Case 2:

image

- Link to the conversation between Sabi and Artist

When an artist rejects her requests, her behavior turns from friendly to pretty passive-aggressive. A more experienced artist could simply ignore her, but unfortunately, many artists in this community suffer from anxiety or depression. With a simple comment of this kind, they can be given a hard time, and consequently, they acquire hatred towards my creation due to her behavior.

image

She assures she suffers from psychological issues which prevent her from properly dealing with people, but she always uses it as an excuse when being confronted, either when asking about commissions or art-trades that she never delivers, or when her attitude is questioned. 

During this last year, many testimonies from people related to Sabi have come to me, and this isn’t just some complot to ruin someone’s reputation. This situation is very serious and it’s getting out of hand, all because I didn’t take the appropriate measures about it.   

She doesn’t represent my work, nor the rest of my followers and the Undertale fandom.

This evidence can show what’s been going on, and that’s not counting the amount of stress and discomfort this is causing me as the creator of the XTale AU and Cross!Sans. Due to this, I finally decided to make this post to warn other artists about her behavior, and I also want to get her attention so she understands not only the harm she’s causing to other people in real life but also the harm she’s doing to herself over a fictional character.

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6 years ago
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THIS is what I have been dealing with on a constant basis for the past six months. 

In December 2017 I was first notified of my [Yin Yang Rats] design being sold unauthorized on the website AliExpress. I wrote a [Journal] at the beginning of the year explaining how difficult and time-consuming it was to remove. Unfortunately, my battle was not over as I have been chasing down thefted and altered versions of my design across the internet ever since.

I cannot even put into words how frustrating and disheartening this kind of thing is. This design is very special to me and I created it with everyone who loves rats in mind. It is an absolute disgrace to my artwork and an insult to me as an artist to see my work stolen, altered and slapped onto products without a second thought as to who made it or what it represents. Instead of being able to create new art, I’ve had to spend all my time and energy in hunting this theft down, writing DMCA Takedown notices, and corresponding with various legal departments. I am absolutely exhausted. My motivation to draw is lost. I’ve had to spend so much energy just to defend myself and the fight is far from over. Recently, things took an even worse turn. One of the places listed here - MerchVibes on Etsy - submitted a counter-claim to my report of copyright infringement. The only way to proceed is with a court order. I am completely and utterly lost. My art has been stolen, altered, and sold without my permission and now I have to go to court if I want anything to be done about it. I’m looking to register this artwork with a copyright, but since it’s happening after the infringement, I don’t know how much good it will do. I’m also looking into what to do about getting a lawyer, despite having absolutely no money to afford one and no idea who to trust. It’s an utter mess I don’t even have the energy to elaborate on. I am not the only artist that these places have stolen from. PLEASE let artists know if you recognize their art being used without permission: - AliExpress - MyMerchandise on Amazon - MerchVibes on Etsy - TeeChip - TeeSpring - Octoprintz I know it is unfair to put the burden of fact-checking on the consumer. You should be able to trust that the products you buy are legitimate. Unfortunately that is far from the truth of things. Please, please scrutinize companies - especially those online - before you buy products with artwork on them. Be suspicious if the store has a wide and conflicting range of art styles and images. Most of these places are even too lazy to crop off the signatures and copyrights of the artists. And please god if you are a tattoo artist or looking to get a tattoo, it is SO easy to ask the artist for permission or even commission a custom one! I put my artwork online so that I can make a living, NOT so you can steal it! This is legitimately the kind of thing that destroys artists like me. I am losing profits, I am losing time, I am losing motivation and I am losing the will to even create and share my work. I do not get reimbursed for any of these things. I do not get exposure. This problem does not go away. I do not get to “win” anything. I will probably be dealing with this for the rest of my artistic career. If I want to continue to put up a fight against intellectual property theft, it is likely going to get expensive. I don’t want to resort to begging, but if anyone would like to help support me and the continued creation of my artwork, please consider donating via [Paypal] or [Ko-fi], or making a purchase from my [Etsy], [RedBubble], or [TeePublic] stores. Thank you ♥

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6 years ago

If you’re European, in a couple of weeks you will be denied any and all access to fandom contents on Tumblr and everywhere else on the internet. Here’s why.

On June, 20th the JURI of European Parliament approved of the articles 11 and 13 of the new Copyright Law. These articles are also known as the “Link Tax” and the “Censorship Machines” articles.

Articles 13 in particular forces every internet platform to filter all the contents we upload online, ending once and for all the fandom culture. Which means you won’t be able to upload any type of fandom works like fan arts, fan fictions, gif sets from your favourite films and series, edits, because it’s all copyrighted material. And you won’t also be able to share, enjoy or download other’s contents, because the use of links will be completely restricted.

But not everything’s lost yet. There’s another round of voting scheduled for the early days of July.

If You’re European, In A Couple Of Weeks You Will Be Denied Any And All Access To Fandom Contents On

What you can do now to save our internet, is to share these informations with all of your family members and friends, and to ask to your MEP (the members of the European Parliament from your country) to vote NO at the next round, to vote against articles 11 and 13.

Here you can find more news and all the details to contact your MEP:

https://saveyourinternet.eu

Also, sign and share this petition:

https://www.change.org/p/european-parliament-stop-the-censorship-machinery-save-the-internet?recruiter=50668942&utm_source=share_petition&utm_medium=twitter&utm_campaign=psf_combo_share_initial

We have just a couple of weeks to stop this complete madness, don’t let them dictating the way we enjoy our internet.

#SaveYourInternet now!

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