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Per the issue on the question "How to create a 3D logo in Adobe Illustrator?" it would appear that the original designer wants their artwork removed and at that time the links that were provided were dead/incorrect. After a few searches on the site it wasn't even referenced. Only until I searched for some keywords outside the site I was able to find the correct link so I edited it. My question is, since we are a community and to respect our fellow designers, should we remove artwork at the request of the OP to show courtesy? I could understand both views:

  1. It was loaded to a public site.
  2. The OP made it for another site only.

How should we proceed?

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    There are a couple things to consider here. 1: How do we know that the person requesting it be taken down is truly the author and not some Joe Shmoe? Some sort of verification should be at least attempted. 2: Is it considered fair use to have it here as an educational resource? That's something better left to answer by an SE employee.
    – JohnB
    Commented Mar 12, 2014 at 14:27
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    @JohnB That's one of the nice things about DMCA — The community doesn't have to get caught up in the middle of all these legal ramblings, verification, etc. Just point them to the Terms of Service, and let us take it from there. The Claimant is required to swear out an affidavit that they are the copyright holder and that the use of that material is infringing.
    – Robert Cartaino
    Commented Mar 12, 2014 at 16:31
  • I believe it certainly falls into the fair use bucket. So unless SE's lawyers state otherwise, probably no worries there. As a curtesy, though? Sure. I think it's nice to accommodate these types of requests.
    – DA01
    Commented Mar 12, 2014 at 19:16
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    I find great irony in a user of that 99 web site taking issue with, well.....
    – Scott
    Commented Mar 12, 2014 at 19:56

1 Answer 1

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The Digital Millennium Copyright Act (DMCA) tells us very specifically how to handle claims of copyright infringement. If we get a notice to take down offending content, the claimant needs to follow DMCA procedure and contact us with the correct form. This is all outlined in our Terms Of Service:

Stack Exchange Network Terms of Service: “Reporting Copyright Infringements”

Remember, you (the community) are always free to moderate the site for content however you see fit. So if someone points out an issue involving copyright, you can certainly remove the post for reasons of moderation. But in legal terms, all you really have to do is point them to the Copyright Policy in our Terms of Service.

Just keep in mind that you are not DMCA agents (we have those of our own). Here at Stack Exchange, we have to be concerned about claims of copyright infringement that may or may not be valid. That's why if WE (Stack Exchange Inc.) get notices to take down offending content, the claimants need to follow DMCA procedure and contact us with the correct form. It is all outlined in our Terms Of Service.

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    I sure hate to encourage use of the DMCA to battle fair use situations, though. Seems to be the wrong tool for people just asking nicely.
    – DA01
    Commented Mar 12, 2014 at 19:17
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    @DA01 If you want to remove (or keep) the content for reasons of moderation, that's your role. But when it gets into these sticky arguments about legalities and alleged claims of infringement, that's where DMCA is really handy as a tool to protect both the copyright holder and anyone who wants to uphold their rights under Fair Use. See the argument already looming above? meta.graphicdesign.stackexchange.com/questions/856/… — That's not really a "legal" argument the community should be having.
    – Robert Cartaino
    Commented Mar 12, 2014 at 20:31
  • Yea, I think I see what you're getting at...the DMCA is an bit of a safety net process for both taking down infringements and keeping up fair use.
    – DA01
    Commented Mar 12, 2014 at 20:44

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