Sharing digital copyright protected files, whether it is design templates, digital papers, Photoshop actions, business contracts or something else is illegal and is punishable in a court of law. It does not matter if you live in a different state than the copyright owner or; if you shared with one person or thousands. It also does not matter if you are sharing them in an “underground” message board, a “private” Facebook group, a “members only” forum, or somewhere else. Sharing digital copyright protected files is illegal.
Let’s start at the beginning…
In the winter of 2011 I was out to dinner enjoying a date night with my husband when my phone started exploding with Facebook messages and emails.
The first person to contact me was my good friend Robyn, owner of Paperie Boutique.
It seemed there was someone illegally sharing Robyn’s “Fit to Print” collection of digital business templates. Once everyone started investigating deeper they found my files and files from other well-known designers in the industry.
You can see the “Permanent Record” that Robyn has posted online here: http://paperieboutique.com/stolen/
The person responsible for all of this illegal sharing of copyright protected files identified herself. She was very smug about the whole ordeal and had the audacity to say: “I bought the files from you. They are mine to do whatever I want with.” Unfortunately, that thought is VERY incorrect.
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On top of stealing and illegally sharing my files, part of Ms. Davis’ little clique on this “underground forum” had created a profile using the name of my other business. They then tried to say that I was using this same site to illegally request and share digital files!
We had a brief exchange of words which I ended by letting her know she would be hearing from my attorney.
In April of 2013 we finally filed our formal complaint. Our complaint was against Ms. Brittany Davis as an individual, Candid Memoirs Photography – the business she owned in her home state of Missouri, her mother, Jackie Davis, and her mother’s business – Davis Creations. Her mother and her mother’s business became involved when we determined that Brittany’s business was set up as a DBA under her mother’s LLC, essentially making them the same company and making her mother liable for her illegal actions.
In the time between discovering that she was illegally sharing my files and filing our formal complaint, Ms. Davis relocated from Missouri to Florida. She closed her photography business and started up a new business in her new location. Because she is not in the state of Ohio the judge allowed her to telephone into the courtroom for the first hearing as well as the second hearing.
After revealing to the court during the second hearing that she was not covered by any type of business or home owner’s insurance at the time of this incident she failed to appear for any subsequent hearings and failed to respond. I was awarded a default judgment on June 26, 2014.
Our initial request for damages was an amount that the court had never seen before – at least for a case of this type. While internet copyright infringement is a relatively new arena for the courts, it is still a very real and very serious issue. Ms. Davis had purchased 105 digital files of mine with a total retail value of $418.95. These files were downloaded illegally 19,928 times. Therefore, we requested a total of $8,348,835.60 in damages. (Equation being: retail value of items ($418.95) x number of downloads (19,928) = total).
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The judge was more comfortable awarding an amount equal to the ACTUAL LOSS OF REVENUE SUFFERED versus the potential total loss of sales due to illegal downloads. The judge awarded me $210,000.00 on August 7, 2014.
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You can see the complete court docket and details here: http://cpdocket.cp.cuyahogacounty.us/
Simply do a Civil Search by Company Name using “Sassy Designs”.
Now, the battle is not over. I still have to collect these awarded damages from Ms. Davis. There will be a few more court hearings in my future. I’m not sure she is even aware yet that she was served a heaping pile of justice – she did not show up to the hearing on August 7th.
I mentioned previously, Ms. Davis has since moved from Missouri to Florida. She has a new business and maybe some of you have heard of it. Heaven forbid some of you may have even purchased something as there is speculation that the items she is selling… I think you can finish the rest. Her new business name is Seasalt Paperie, which she recently changed to Seasalt & Co. I refuse to link directly to her website or Facebook pages – for obvious reasons. This woman is a fraud and thief.
She knew what she was doing was wrong, yet she did it anyway. She thought she was entitled to do whatever she wanted regardless of copyright or terms of use for the items. She knew she was being sued for her lawless behavior, yet she didn’t show up to court. Not defending yourself is a pretty hard admission of GUILT.
I know there are people sharing files all of the time. I also know that each share of a copyright protected file, and each violation of a designers’ terms of use is illegal. Simply saying “Oh, I didn’t know!” does not make it okay or get you a pass. It is very sad to me that every other designer that was affected during this particular incident chose to NOT to take it to court. I do understand that each of them had their own reasons and I can respect and appreciate that. I think that most feel that it is a battle too big to fight. The key is that we need to fight together – not alone. I do still believe that there is way more good in this world than evil. If the good teamed up the way the evil does the battle would be much easier to handle.
I sued Ms. Davis because what she did was wrong. I sued Ms. Davis because she violated laws. I sued Ms. Davis because she knowingly violated my terms of use.
So, again – the lesson here is very simple. Sharing digital copyright protected files, whether it is design templates, digital papers, Photoshop actions, business contracts or something else is illegal and is punishable in a court of law. It does not matter if you live in a different state than the copyright owner or; if you shared with one person or thousands. It also does not matter if you are sharing them in an “underground” message board, a “private” Facebook group, a “members only” forum, or somewhere else. Sharing digital copyright protected files is illegal. Illegally sharing digital copyright protected files will be punished in a court of law.
Oh wow. This is the same Davis (Seasalt Paperie and the Seasalt & Co) who stole from Summerana and then accused Summerana of stealing from her. You need to talk to Grace from Summerana. She needs your help.
Anna, do you have an email for Grace? Or, can you share this with her and have her contact me? I will help however I can!
So thankful that the courts upheld justice! So proud of you for fighting to good fight and sticking to this long, drawn-out process and seeing it through!! {{{HUGS}}}
Thank you! info@summerana.com
I commend you for following through. But, if she never pays, are you stuck with legal bills? Can her income be garnished?
My attorney worked the case on a contingency basis because he was confident that we would win. He gets paid when I get paid so, I do not have any legal bills per se. Her income can be garnished and her bank accounts can be attached. This is not something that will ever go away. If she does not pay she will be found in contempt of court and will face jail time.
Looks like the Facebook page for her company has been taken down.
Awesome! This is definitely something more designers need to see and realize that they have an avenue to take if they find their designs being shared all over the place. You go girl!
I am so glad the judge saw in your favor. You got justice, I am praying that you will be financially reimbursed.
GO YOU!!! You should have been awarded more but that judgment does speak volumes. So many people think the same way, if they bought it, they are entitled to do whatever they want with it! I have spent a lot of time, effort and money on my patterns and continuing education and I am a newbie, that attitude makes me so angry. Thank you for taking a stand for all designers!
Oh wow! I had no idea. I have gotten freebies from this company via her website. How do I know that I did not receive copyrighted material that was not her’s to give away?! I’m so sorry this happened to you. I guess some people have no integrity
Unfortunately, Valerie – you wouldn’t know if she was giving away things that weren’t actually hers. I’m sorry you were one of the many that got duped by her.
I just learned that two big name companies used my images to produce grad cards without written permission. Has this ever happened to anyone and should I persue any action? Just wondering.
I would definitely contact an attorney and pursue it. They are profiting from your work and using it illegally, without your permission.
WHY did it take 2 yrs before starting legal action? I’ve bought items from Seasalt Paperie and followed her work for awhile. She had lots of FB fans. I also purchased from Sassy Designs and Summerana.
I am stunned because she bragged about adding designers and renaming her company. ALL this time she was stealing! AND accusing others whom she stole from as stealing? Talk about disgusting. She deserves to be run outta every creative business.
My photos have been illegally used for decades. But these days, with TOS whenever you legally buy something, it’s very clearly stated you are NOT allowed to share or sell files as is. As part of a flattened design, yes, but even in some cases you have to give credit.
Go back to Dover Clip art books, around for many decades … they make it clear you cannot repackage or scan their items collections for sale or redistribution.
I sure didn’t see this coming. Such arrogance. I hope you recover some money AND she sees jail time. So rude.
Jenny, I’m so sorry you were among the many that were duped by Seasalt. Our case took awhile to build as we had to gather evidence and be sure that we had enough evidence to prove to the judge and possible jury, without a doubt, that she was guilty. I have heard of her run-ins with Summerana as well as many, many others. Justice has been a long time coming for her. Our file with evidence is rather large – and the judgment from the court is the final proof that I needed before being able to speak about the case publicly. Jail time would be a nice add-on for her offenses. We will see what happens during these next steps of the process. Please feel free to share this with other colleagues of yours that you think may have been affected by her. The only way to end this behavior for good is to spread the word. Thank you for your support over the years!
Ugh…..this is so terrible. I have purchased actions from her. I had no clue this was happening. I am so sorry.
HI I am glad someone has started the ball rolling on this for us digital designers, I know people share my files, I know they pass them on, I also know they purchase to edit and claim as their work, Only this week did someone use one of my images and when asked to remove stated that she had brought the files and because she brought with her money they belonged to her and she could do what she wanted with them! But the net is closing in very rapidly which they wont see coming. Good Luck for the future
The defendant in my case said something almost identical to me “I bought the files from you. They are mine to do what I want with.” Um. No. That is not how it ever works – EVER. There are ALWAYS terms of use that you must abide by or you are, indeed, breaking the law.
Holy crap, the audacity. I am so glad you held her accountable and went after her. What a nasty witch! I hope that you get some of your money out of it and she’s learned a very important and expensive lesson. Way to protect your artistic property. You go, girl!
Could I get in trouble for warning others on her fb page about this?
The information is all facts and public record. My blog post was approved by my attorney before being posted. You can not get in trouble for sharing it – others have already done so; she just deleted the posts when she saw them. The more people that know the better. I don’t think any honest person wants to do business with a fraud and a thief.
She’s had this coming for years. There is no way her new company is legit. She used to be a photographer who stole her whole portfolio from others and was busted big time. She needs to go away she can’t ever change
Is this the same business? https://www.facebook.com/seasaltpaperie ? I just came across your article in a group today and I can’t believe she is still duping people! >:|
I’m terribly sorry you had to go through this!
[…] from Sassy Design‘s blog […]
[…] fact, a prime example of standing up for ourselves can be read about Sassy Design’s recent plight with this – while it may be not be photography it is still illectual property and the standing up for […]
Oh wow, 1st time I’ve seen this and only because of all the controversy going on her page right now. I am beyond shocked!! I actually have no words.
Don’t worry… she’s starting to get hers even as we speak..
Ouch! it looks like she’s up to some level of obtuse behavior again….
I think it is wonderful that you fought the good fight and won. You go girl! Way to stand up for all of us with your example!
Just saw Seasalt and Co’s new ad for “The Hanging Tree” Collection which is going viral and is deeply offensive.
[…] Well, obviously, if you are Seasalt & Company, you are really good [assumes facts not in evidence — ed] at graphic design software that allows users to “take your creativity to new heights and […]
Thought you’d find this interesting:
http://wonkette.com/576367/deeply-stupid-small-business-seasalt-co-will-sue-you-for-bitching-bout-its-sweet-lynching-ad
That person is really a piece of work!! (I got here because of a link on this article)
http://wonkette.com/576367/deeply-stupid-small-business-seasalt-co-will-sue-you-for-bitching-bout-its-sweet-lynching-ad
It’s funny to see the Karma Train coming around… I just saw a post on Facebook about this Seasalt & Co… they (she) just released (or is getting ready to release) a new product that has a picture of a noose on it and is receiving a ton of backlash from the public. You can read about it here: http://www.adweek.com/adfreak/company-makes-offensive-ad-then-shows-you-exactly-how-not-deal-backlash-162981 … I read in the comments section that this company “has been and currently is engaged in fraudulent activity and malicious business practices such as unauthorized reselling of software, pirating 3rd party software, and a failure to disclose business ownership or liability”… which brought me to your blog page here. Sounds like she is making a habit out of stealing other peoples stuff… sorry to hear about your troubles with her, but glad that you are going to get compensated thanks to the courts! Hope you can collect from her…
here’s an update on her company. She pissed off Twitter for a whole nother reason:
http://www.theroot.com/blogs/the_grapevine/2015/02/graphic_design_company_receives_backlash_after_naming_their_new_set_the.html and she threatened to SUE people for “slander” for talking about it 😀
Just curious… do you know if there are still any vendors’ files on this sharing service? I work with a design firm and we would certainly like to know if our files have been stolen and shared there.
Thanks!!
Hi Janell,
The site where my files had been illegally shared has been down for a couple of months now. This is not the first time it has gone so, there is a chance it will be revived. If you would like to email me I will discuss it in further detail. I don’t wish to publicly post the name or site link (as it’s currently forwarding somewhere else). They do not need any publicity. My email address is: terry@sassy-designs.net
Hope to hear from you soon.
-Terry
Thank you for a most interesting and informative article. I so admire you for taking the court action. I also completely agree with your comment that “If the good teamed up the way the evil does the battle would be much easier to handle.”
If you will allow me on a lighter note, I have my doubts that either Brittany Davis or Jackie Davis will violate the copyright of your original work on this particular page. lol
They have a new Facebook page now https://www.facebook.com/seasaltco/timeline
named Seasalt & Company
Yikes!! I just told a friend about some actions I’d recently bought from Seasalt & Co. She told me about them ripping people off and sent me a link to this post. I’m disgusted! And what really takes the cake is when you download “her” files, she’s got everything copyrighted — you run an action, and “Copyright Seasalt & Co” comes up, each folder has at least two separate documents talking about “piracy” and “copyright” … I understand very well about copyright, but her many repeated warnings about copyright theft seemed excessive to me, and I wondered why she was so paranoid. Now I know — because SHE’s one of the people who steal files! I feel like I wasted money by buying these products from her. This is the last thing I want to support with my $.
Colleen,
I’m so sorry you weren’t aware of her bad behavior before you spent your hard earned money on her products. Her overwhelming talk about copyright and taking actions against those who violate hers is just stomach turning to me for obvious reasons. She is still trying to claim to the general public that the only reason I won my case against her is because she could not afford to fly from Florida to Ohio to appear in court. Too bad she fails to understand that regardless of her appearance I still had to PROVE my case to the court which I was easily able to do. This won’t ever go away for her until she has paid the judgment against her so I am just sitting back and waiting on my attorneys to handle it. I can suggest some reputable action designers for you if you would like some new resources that are guaranteed to be genuine and honest people.