Polish Tamales' MTG Comics, Fanart, Tokens, etc

  • #52
    Wow... just as I went to see Thalia your DA account just got butchered. I can't believe you're getting nailed for alleged copyright infringement.
  • #53
    My entire MTG folder got deleted by DA over a reported copyright violation. The entire folder! I cannot confirm if it was WotC or a random nobody that felt salty that day. There's a strong suspicion that it could be someone at WotC legal since it was an immediate deletion without warning. I'll get my answer within the week.

    I'm currently in an appeal process to recover those pieces, since tons of those pieces had awesome comments by actual MTG artists.

    I'll be posting most of the current production images and final works on my Tumblr in the future. Which isn't hard to find.
    Last edited by PolishTamales: 5/1/2012 1:10:45 AM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #54
    Polish,
    I hope everything turns out alright because you have amazing work. I'm a huge fan of your style and you're incredibly talented. Hope WotC isn't the culprit.
    That which nourishes me, destroys me
    Former Legacy Mod :: Cube
    Quote from Samyueru

    I mean, hell, we're all on a forum for something that most people would describe as a "children's card game"...do what makes you happy. You are never too old to enjoy yourself.
  • #55
    Copyright infringement? On DA? If your stuff counts then there should probably be a massive purge of the site.

    DA's ridiculous for taking it down.
  • #56
    ♪ (^○^)オ(^▽^)ハ(^0^)ツ~ Thanks very much for your support guys! It means a lot to me!

    If you're interested, here's the notice I received by DA:

    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #57
    Bizarre. That website is at least 75% fanart, all of which should fall under the same violation. Slant
  • #58
    They're saying you didn't make the pieces?...

    Did they take 0 context into this report?
  • #59
    Quote from PolishTamales
    ♪ (^○^)オ(^▽^)ハ(^0^)ツ~ Thanks very much for your support guys! It means a lot to me!

    If you're interested, here's the notice I received by DA:



    dam those people at Hasbro must be hungry for blood. Also this is a very stupid move by deviant art, and i think you should appeal their decision to the last consequence.

    Best of luck and keep making those rocking comics!
  • #60
    Maybe if I weaponized cuteness, I could get it resolved faster!

    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #61

    Friendship is Magic!

    Yes, this is a special piece with a nod towards the My Little Pony crowd.
    Last edited by PolishTamales: 5/4/2012 11:28:08 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #62
    And... It was WOTC that filed the copyright violation.

    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #63
    Well, time to rename them Lily and Avy!
    If you need me, I'm on Twitter @TheProxyGuy
  • #64
    Wonderful artwork; hope to see more!

    As an aside, in my humble opinion as a law student (and as I am just a student, please don't misunderstand this as trying to give legal advice in an way) taking down the Magic related content that you've re-uploaded is probably the best first move. Clearly you are a talented artist who wishes to continue drawing Magic artwork, and the best way to go about that is to find out why it was taken down in the first place, so that you can avoid future incidents. It's not helpful to force the solution you want, and re-uploading when they were taken down may needlessly antagonize people that would otherwise readily want to help you sort things out.

    Next, ignore that message about sending a counter-notice being your only option. It just sounds like a stock response that actually says "Hi, I have no legal background to assist you, and so the higher ups have decided that this is what I am allowed to say." If possible, you should politely ask if there is anyone else you can speak to, preferably the actual legal counsel. One possible solution would be to emphasize that your work was parody in nature, purely non-commercial, and that you wish to clarify why the artworks were taken down. The goal is to find a solution.

    Alternatively, you mentioned receiving positive comments from MtG affiliated artists? Perhaps you could also contact them and explain the situation. Try to not imply any blame on the part of anyone, and emphasize that as someone who loves drawing, that you just want to be able to share your artwork. It's highly possible that if these artists worked for Wizards, then they might know someone that could fix the situation and get the legal department off your back.

    You're probably frustrated, and understandably so, but try to remember that most of the people (if not all the people) directly responsible for taking down your artwork were just trying to do their job. After clarifying the situation, I'm sure it can be resolved in a pleasant way.

    I hope you sort everything out!
    Last edited by DavidWhy: 5/10/2012 7:31:36 PM
    "What is mana but possibility, an idea not yet given form?" - Jhoira

    My Recent Craft Projects:

    Custom EDH Spell Book Deck Box

    Custom EDH Deck Boxes

    3D Magic Card Abacus 1 2 3


    URURU Jhoira

    BGWBG Teneb

    BRGBR Karrthus

    WUBRG Scion of the Ur-Dragon

    BBBBB Balthor

    RGWRG Uril

    UBRUB Garza Zol

    WUBWU Sharuum

    UUUUU Arcanis

    UBUBU Sivitri Scarzam
  • #65
    Well, I've asked to further escalate the issue with the actual person that filed the report and requested their identity to bring it up during a meeting. If WOTC really wants to further escalate this to an actual lawsuit and C/D, then so be it. Seeing how this will only hurt their image if brought to a bigger stage of the public eye. When they do, I'll share this information with other media blogs and people in the web comics community, such as Penny Arcade, The Oatmeal and folks that have been doing parodies for decades (MAD). If some suit thinks it's a good idea to bring this kind of image to WOTC, then it's their call.

    I've done no wrong, I didn't mislead any of the consumer base and more importantly, I'm protected by parody laws and fair use. If they want to start indirectly telling me to stop, I rather have it done face to face. At least I can look square at the scum bag and tell him thanks for taking away what I love most (that isn't a person).

    Also, the artists I have spoken to have told me not to bring them up in public forums. It may affect their future endeavors with WOTC, so I'll leave them out unless they want to step up. I will be trying to contact WOTC via phone and hopefully, without too much delay, get this resolved by next week.

    Otherwise, enjoy this Frisky Friday piece ready for next week! Colored by then hopefully...
    Last edited by PolishTamales: 5/12/2012 8:47:54 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #66

    For those of you who can't see the image, it reads:

    The infringement claim was filed by;

    Carin G. Reynolds of the law firm Golenbock Eiseman Assor Bell & Peskoe LLP

    http://www.golenbock.com/
    Telephone (212) 907-7321
    Fax (212) 754-0777
    E-mail [email][email protected][/email]
    Address 437 Madison Avenue, New York, NY 10022


    If you browse through their Partial Client List, you'll notice a certain company they represent. Hasbro.

    Here's some more work from this individual.

    Re: Infringement of SCRABBLE® Crossword Game Copyrights and Trademarks

    Dear (Rackaroo owners):

    We are counsel for Hasbro, Inc. (“Hasbro”), the owner of the copyrights and trademarks in the United States and Canada for the SCRABBLE® crossword game. Hasbro also owns the copyrights in all editions of the Official Scrabble Player’s Dictionary (“OSPD”), including the 4th edition (“OSPD4”). We recently became aware that you are making available on your website at www.rackaroo.com a game that you call “Free Online Scrabble.” In addition, you offer for sale on the iTunes Store a game called “Wordaroo,” with a free version called “Wordaroo Lite.” Both Rackaroo and Wordaroo include the OSPD4.

    Rackaroo is nothing more than an illegal and unauthorized copy of the SCRABBLE® game and the OSPD4. While Wordaroo and Wordaroo Lite differ from Hasbro’s SCRABBLE® game, Wordaroo also incorporates an unauthorized copy of the OSPD4, and copies several key elements of the game including the look of the letter tiles, the point values assigned to each letter, and the use of seven tiles for each turn.

    The SCRABBLE® game board, the rules of the game, and the OSPD are the copyrighted property of Hasbro. The SCRABBLE® game board and letter tiles also have source-identifying significance as trademarks.

    Your unauthorized use of the SCRABBLE® game board, rules and OSPD constitutes copyright infringement in violation of 17 U.S.C. § 501. Your unauthorized use of the SCRABBLE® name, game board and letter tiles violates the trademark laws, including 15 U.S.C. §§ 1114(1) and 1125(a), by creating a likelihood of confusion with respect to Hasbro’s authorization or sponsorship of or association with your commercial activities and is also likely to dilute the distinctive qualities of the SCRABBLE® marks in violation of 15 U.S.C. §1125(c) and the anti-dilution laws of numerous states.

    On behalf of Hasbro, we therefore demand that you immediately cease use of the SCRABBLE® trademarks and copyrighted material, remove the Rackaroo game from your website, and, for the Wordaroo applications (a) change the look and the specific letter-number combinations of the letter tiles, (b) change the number of tiles used in one turn from seven to some other number, and (c) remove the OSPD4 from the application.

    Please confirm to me within ten days your agreement to the above. This letter does not purport to be a complete statement of the facts or the law and is without prejudice to Hasbro’s legal and equitable rights.

    Sincerely yours,

    Carin G. Reynolds
    Patterson Belknap Webb & Tyler LLP
    1133 Avenue of the Americas
    New York, NY 10036-6710
    tel: 212.336.2104
    fax: 212.336.2277
    [email][email protected][/email]
    Last edited by PolishTamales: 5/16/2012 7:22:09 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #67
    For those Liliana fans, I have something special for you guys!




    For those that are wondering, the cover design is based on vintage "girlie" magazines back in 1940s. Specifically, if you're old enough to remember, the layout is based around Whisper.

    Oh-la-la indeed!

    EXTRA TRIVIA:

    There are 2 ACTUAL quotes off from the Whisper Magazine. Can you guess which ones?!
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #68
    LOL, so the whole thing was about scrabble muahaha, reality is indeed stranger than fiction. i guess WOTC learned their lesson when they tried to take down the MTG apps with similar IPO infringement BS. Rolleyes

    anyhow keep on trucking. can't wait to see your next work.
  • #69
    Oh no no. That's just an example of the attorney's work. Here's the e-mail they sent to DA:

    Re: Infringement of Wizards of the Coast LLC’s

    MAGIC: THE GATHERING® Copyrights and Trademarks

    Dear XXXXX:

    We are counsel for Wizards of the Coast LLC (“Wizards”), the owner of the copyrights and trademarks for the MAGIC: THE GATHERING® (commonly referred to as “MTG”) trading card game, including the associated artwork. We write concerning “Polish Tamales” “Magic The Gathering” Deviant Art page at:

    http://polishtamales.deviantart.com/gallery/30424904

    The artwork on this page is all copied or derived from Wizards’ copyrighted MAGIC: THE GATHERING property. “Polish Tamales’” unauthorized use of “MAGIC THE GATHERING,” “MTG,” and other MAGIC: THE GATHERING® character names as a category name and as the names of various prints on the site also creates the misimpression that she has permission to use these marks, and/or that the site includes authorized artwork or other images, which it does not.

    Pursuant to the Digital Millennium Copyright Act (“DMCA”), we have a good faith belief that Polish Tamales’ unauthorized uses of Wizards’ MAGIC: THE GATHERING® property constitutes copyright infringement in violation of 17 U.S.C. § 501 and also violates the federal trademark laws, including 15 U.S.C. §§ 1114(1) and 1125(a) and (c), and are not authorized by Wizards, its agents or the law. I am authorized to act on Wizards’ behalf regarding these matters. The information provided in this communication is accurate to the best of my knowledge and is provided under the penalty of perjury.

    We therefore request that you immediately remove or disable access to Polish Tamales “Magic The Gathering” page identified above from the deviantart.com website.

    Thank you for your cooperation in this matter. This letter does not purport to be a complete statement of the facts or the law and is without prejudice to Wizards’ legal and equitable rights.
    Sincerely yours,

    Carin G. Reynolds
    Golenbock Eiseman Assor Bell & Peskoe LLP
    www.golenbock.com
    ________________________________
    T (212) 907-7321
    F (212) 754-0777
    E-mail [email][email protected][/email]
    437 Madison Avenue
    New York, NY 10022


    I'm still waiting for WotC or DA to allow the pieces to be un-deleted so I may make the modifications to comply with "da law".

    WotC did assign a community manager to my problem, however, it was only proper guidelines to avoid Hasbro and future lawsuits. You'll find the legal stuff on my art from now on with MTG related comics/art highlighted in HELVETICA. Yes, helvetica... it wasn't stated in the guideline, but might as well seeing how it trashes the presentation a bit. They haven't solved the deleted entries, which I stated, contains comments from people I look up to and my fans.
    Last edited by PolishTamales: 5/18/2012 3:32:03 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #70
    I'm not 100% sure, but I'm fairly certain Hasbro can't do anything to you. You aren't making a profit, nor are you claiming it's original characters and what not.

    However, it seems to be deviantart is kinda like being youtube. Don't want to deal with the hassle, so they remove anything that's requested regardless of the fact that ultimately they have no case.

    not 100%, but still good luck.
  • #71
    Cute Meter at 8.3!



    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #72
    What I don't understand is how Hasbro/WotC is letting other "fan art" exist while they target you for Copyright Infringement. Seems like a double standard.

    As long as your images were NOT capable of being bought as prints off DA, you should be in the clear. I would ask for a further explanation because the letter you posted doesn't make sense. Unless WOTC is purging DA of all MTG related art (sans original artwork from artists themselves), I don't see where you cross a line. Saying "elspeth" or "liliana" is enough for copyright infringement? There's got to be something else that is irking them.
    That which nourishes me, destroys me
    Former Legacy Mod :: Cube
    Quote from Samyueru

    I mean, hell, we're all on a forum for something that most people would describe as a "children's card game"...do what makes you happy. You are never too old to enjoy yourself.
  • #73
    Quote from Warden
    What I don't understand is how Hasbro/WotC is letting other "fan art" exist while they target you for Copyright Infringement. Seems like a double standard.

    As long as your images were NOT capable of being bought as prints off DA, you should be in the clear. I would ask for a further explanation because the letter you posted doesn't make sense. Unless WOTC is purging DA of all MTG related art (sans original artwork from artists themselves), I don't see where you cross a line. Saying "elspeth" or "liliana" is enough for copyright infringement? There's got to be something else that is irking them.


    Considering how I don't do Rule 34s or put penises on their female characters and charge people a subscription fee to view them on a fetish XXX site(s), I have absolutely no clue why I would be singled out. Saying that I'm potentially misleading their customers is also ridiculous. There isn't any vector artists that I'm aware of that does contracted MTG art, let alone cartoons. Maybe someone might think I'm a lost love child of a Foglio, but WotC hasn't had one of them do art since Darksteel.

    All seriousness, no idea. Art prints were disabled, I clearly stated that I don't do private commissions. They did overstep the line saying that I can't use actual names, since that's fair use for parodies. Again, I'm not lawyer, but I do know some lawyers.

    Again, receiving a copy/pasted message from WotC and not getting any potential answer back is insulting at this point. All they did was c/p me a message, send me a link to their "fansite kit" and follow the instructions on the terms of use from that. It DOES NOT cover comics, it does not cover sequential art on text, let alone, parody images. As a storyteller, I don't feel comfortable trying to entertain people and worry about some law firm looking over my shoulder, waiting to say, "check mate".

    WotC needs a better public liaison to handle affairs like this, not someone down the ladder that can't speak their mind on the behalf of WotC.
    Last edited by PolishTamales: 5/20/2012 6:02:48 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #74
    Well, ever consider talking to one of the more active Wizards employees on twitter to see if maybe one of them can get a hold of someone who won't C&P a response? That seems to be the best route of action in my mind.
  • #75
    Quote from Tanarin
    Well, ever consider talking to one of the more active Wizards employees on twitter to see if maybe one of them can get a hold of someone who won't C&P a response? That seems to be the best route of action in my mind.


    I hit up Maro and a few others, I didn't get a single response from them. Instead, they sent their WotC community manager, who at first seemed very helpful, but could not help resolve any future or current problems that I'm having (which ranges from appealing to get my art back from the archives before it's deleted from DA). Instead, I was redirected to someone else and they just sent me the usual, "Copy/Paste" response and a link to the fansite kit as guidelines to avoid copyright infringement. It would've been helpful, but it doesn't really cover comics, sequential art or art + words on them.

    In a context of a parody, I'm doing nothing wrong, but they're viewing it as "promotional" and self gain.

    When I make comics, I'm producing them to entertain my friends and fans on DA, Twitter, & Tumblr and as a MTG player myself. Would some random artist that's trying to get "cheap" exposure own a Legacy Stoneblade deck, Modern Vampires deck, 2 MTGO top tier quality Pauper decks, 2 Standard decks from 1996, 2 Standard decks from 1998, 2 Extended decks from 2000, and a whole bunch of casual decks to teach the Marines to play MTG? I highly doubt that I'm simply cashing in on MTG's popularity, when I'm a huge fan of the game and it's characters. Seriously, I drew Joven people. Joven.
    Last edited by PolishTamales: 5/21/2012 3:58:44 PM
    Cartoonist, Writer, Storyboard Artist & Graphic Designer!
    You can catch some of my work at TOKYOPOP & on the Playboy Channel! Don't miss Celebrity Sex Tales!


    PolishTamales.com

    Graphical Contributor to LegitMTG.com & Comic Contributor to ManaDeprived.com
  • #76
    I'm scared, I love you so much Polish, please be safe.
    Bad products are bad products. Bad products are not "designed" for casuals you meanie.
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