Last week I discovered that a New Zealand based conservative christian organisation had released a new ‘report’ about trans young people.
And to my surprise they have used an out of date panel from my queer and trans 101! (which has prompted the updated edition – see link) without my permission, obviously.
Here’s the link to the site, which has a video that includes my comic, and report itself: http://www.donotlink.com/ftvh
I’ve updated that panel now, because the terms FTM and MTF are somewhat outdated (EDIT: I have subsequently been told that this is not the case, so I apologise, and am taking down the comic)
Just quickly, the Queer and Trans Comic is a SUPER simple comic guide, it’s really white-centric, it’s oversimplified and it’s really flawed in lots of ways. So please don’t take it as the one and only guide to gender and sexuality – it’s way more complex than the comic describes – it’s meant as a really easy starter guide to people who don’t know a lot about that stuff.
In light of that, and just in case Family First are reading this little thing I’d like to make one thing really clear:
Some trans people are binary-identified, others are not.
It’s really that simple.
Dear Sam,
Love what you do, who you are, and love your comics (I reread them now and again when I need a pick me up throughout my journey of identity building, so thank you)! That being said, I can only imagine what you’re feeling: seeing your comic used for a group that’s prejudiced about what you’re working toward must be upsetting.
As for what you can do, as it is your work they are using, you have the right to tell them to take it down. “My work is not to be shared without my permission, and you are doing so by using my artwork to promote your beliefs.” I don’t know what the laws in NZ are like, but I highly recommend looking into copyright laws. Just the suggestion that they could be sued will spark them to taking it down, I’m sure. In the U.S., it’s a serious no-no.
Send it via letter, email, and share said letter online wherever you can. Put it on your website, on your other social media platforms, and encourage your fans to write to this group to tell them to take it down. If you have any friends who are lawyers, ask them what your options are, and act how you see fit.
You have worked so hard to get where you are, and you’ve inspired and helped so many people. Don’t give up!
Agree with Morri there on sending them a letter.
I personally am not 100% confident that you have enough legal ground to sue them right now, but you certainly hold enough copyright to make them stop further spread (and if they don’t stop in reasonable time, then you should have enough legal ground to force it)
However, I understand what you are thinking, Sam, on not wanting to spread the propaganda further… but you should make a public record of when you sent them the letter and its contents so it could be used as evidence against them (should it come to that).
Then again, I have no legal experience so I might just be talking nonsense.
Sorry for potential confusion, I’m not that well versed with words as I would like to be.
Copyright law says this:
According to John Burrows and Ursula Cheer*, Section 16 of the Copyright Act 1994 (New Zealand) means that the original creators and/or current license holders of particular works have sole right to copy works, issue copies to the public, or broadcast and adapt their original work. It cannot be copied, published or broadcast without their authorisation. Since 1892, Commonwealth law has held that this applies to newspaper articles. It is held in New Zealand law that this includes lifting parts of others work and incorporating them into work that is allegedly one’s own, especially if the original work is the product of diligent research and hard labour. If copies are distributed, then that’s even worse, according to Section 16 (1)(b) of the Copyright Act 1994.
What damages might ensue? If someone is found to have breached copyright, monetary penalties may be equivalent to the sum that the plaintiff might have charged if the defendant had sought permission as required by law. Exemplary damages may apply if the defendant profited from a deliberate and calculated act of copyright violation. As well as New Zealand’s own copyright legislation, copyright is protected through our membership of two international copyright conventions, the Berne Convention (1886, revised 1979) and Universal Copyright Convention (1952; New Zealand ascension, 1964).
*John Burrows and Ursula Cheer: Media Law in New Zealand: Auckland: Oxford University Press: 2005.
So yes Sam, it seems that you might well have grounds. Good luck. Call your solicitor and sic her or him on them!
Yes Sam,
These people show no respect for anyone, they must be stopped. I would have thought as the report was produced in the USA their laws would prohibit using your work without permission.
Don’t forget that they also used details about Amy Brosnahan without her permission either. (see)
http://www.gaynz.com/articles/publish/2/article_17019.php
Diane
Family First seem to have a history of (mis) using copyright material without asking – suggest you require removal/destruction of all illegally made copies of your intellectual property (i. e. their booklet) http://i.stuff.co.nz/entertainment/music/7399685/Train-pulls-video-from-anti-gay-website
This is the URL from my latest Gaynz.Com Politics and Religion article, which provides a backgrounder on the origins of this transphobic garbage in the United States: http://www.gaynz.com/articles/publish/31/article_17052.php
New Zealand’s copyright law is *very* draconian. While this is annoying as hell usually (looking up the date of death of peeps who’s 1920’s book you want to take images from for a uni report is always fun since we’re on life+70 years for written works), it means you should be able to demand a takedown. Actually enforcing it might be tricky given how insane Family First is, but if you can get representation you should definitely look into it. There are *some* exceptions to copyright law, but I highly doubt they looked into them before grabbing the panel. Alas, there’s enough crazies out there that FF is reasonably well resourced to try to defend this sort of thing.
Send them a bill. A very, very big bill.
I would concur with the cease and desist letter. Send it registered, so they have to sign for it. That will prove that they did at least receive it in case that’s brought into question. I know that dealing with solicitors is a pain in the wahoo, but you probably should consult one. Besides your work being used to foster hate, it *is* your intellectual property, and that should be protected.
Cheers, and best of luck to you, man.
If I were in your place, I’d try to work *with* them, not against them. I’m not sure what copyright laws are like in New Zealand but moving fast with a respectful phone call to the organization and asking for the correct folks to address a letter to would be *tomorrow’s* Step 1. This is a big deal. Handle it professionally and be proud of your work and you’ll be treated with the respect you demand through acting like a professional. Even if those abusing your work are doing the wrong thing. Hold your head high. Your readers are SO fucking proud of you. *hugs*