The
Phenomenal Women Of The Web

Stop Internet Plagiarism

When the new site of the Epitome of a Phenomenal Woman was launched, a woman wrote accusing PhenomenalWomen.com of stealing the image that represents the Epitome of a Phenomenal Woman site. She said it was her image and she designed it. I wrote to her -- several times --- and told her that the image used by PhenomenalWomen.com to represent the Epitome of a Phenomenal Woman was obtained through a clip art program called ClickArt, therefore she did NOT create the original core/foundation image, and she had no right whatsoever accusing PhenomenalWomen.com of stealing her graphic, as she did not create the original art. She wrote again and again, also writing to other members of PhenomenalWomen.com still accusing the PWOTW of wrong doing. In her letters to other members however, she failed to tell them that I explained to her (again and again) the image was obtained through commercial clipart software that is available online and in retail stores everywhere. When members wrote to PhenomenalWomen.com asking about this, and when I showed them the proof, they forwarded her letters to me and apologized profusely. The clipart image used is scanned here directly from the book—taken exactly as it appears in the book; look for number DEK50752 on the right side of the book.  

I want to address exactly how to go about handling a situation like this.

If you use a graphic obtained from a commercial clipart software program, and use it according to the terms of the software, you are using a core/foundation graphic that you DO NOT OWN. You cannot call the unaltered graphic your own, as you are not the designer of the core/foundation graphic.

When you alter the graphic, again, abiding by the terms of the commercial clipart software, then.... the graphic becomes your own. With your identifying marks and text

For example, had PhenomenalWomen.com used the exact graphic that was on her site, without changing it in any way -- then we would have been stealing. However, PhenomenalWomen.com used the clipart right from the CD-ROM that it was on, and altered the graphic as well as added identifiable text that made the altered version of the graphic our own. However, PhenomenalWomen.com does NOT take credit for the core/foundation design of the graphic because we did not do the original artwork. 

Many, many, many people have written through the years to PhenomenalWomen.com asking what can they do because someone is using their backgrounds, graphics and even logos on their sites.  

Ask yourself this:

• Question: Did you create the graphics in question yourself from scratch? 
  • Possible answer 1: If you did create the core/foundation graphic from scratch and they are using it on their site without permission, write first and ask them to remove it immediately. If there is no answer, or they brush you off, seek legal advice. 
  • Possible answer 2: If the person writes back to you, offering a reason - or explanation as to their use of it on their site, investigate the claims they are making. 
    • Possible remedy: After investigation, if you are still not satisfied with the results of your investigation, write back to them and substantiate the graphic with proof of your ownership. If you cannot prove that you created the graphic, it is hard to really push and shove someone to remove it from their site without legal representation.
• Question: Did you use clipart from a commercial clipart software program as the foundation of the graphic?
  • If you used the core/foundation graphic from a commercial clipart software program, please see the above text as to how PhenomenalWomen.com handled this situation.
• Question: If you did use a graphics from a commercial clipart software - and altered it to reflect your site title, name, or some other identifiable marks - is it being used exactly as you created it on someone else's site?
  • Possible answer: They are stealing. Plain and simple—write first and ask them to remove it immediately. If there is no answer, or they brush you off, seek legal advice. At times, writing to a person's server helps. Not all servers care about what they are hosting, but some do.

<• Previous page