Posted in: Comics, Swipe File | Tagged: Comics, entertainment, iron man, marvel, Swipe File

Swipe File: Iron Man And Stained Glass Man

This is an image created by Russell M. Hossain, initially a line drawing, then digitally coloured.

And this is a stained glass window created by Senator Mars, the "Stained Glass Assassin" and sold for over $4000.

And this is a final letter from the former to the latter, after the former discovered the latter;

I wish to make it known to you that I no longer wish to receive payment for your sale of the stained glass window based on my Iron Man 3 Armour artwork since you have failed to respond/give reasonable response to my polite correspondences about the payment in the past few weeks, and also since I recently discovered that you are continuing to utilise my artwork for further sale and profit and without proper credit. This is extremely discourteous and objectionable and I will not be party to this venture by receiving (a nominal) payment from you.

Your 'gesture of a goodwill payment' was originally accepted by me on the proviso that you would give credit and link back to my original art in your posts (which you have done on the Deviantart pages), but NOT on the understanding that you would – without my knowledge – continue to use my artwork as the basis for further sale and profit at external websites and without crediting me.

I had given you scope and ample and reasonable time ( many months now ) to pay me. Yet each time you have not followed through, and in the past few weeks you have again assured me you would pay, failed to follow through, and ignored my last few attempts to reach you to keep me updated. But for the Deviantart administrators contacting you directly, it seemed apparent that you had little intention of replying or paying.

For the record, I am requesting that you *Senator Mars (real name: R Evan Daniels, variously operating on, but not only: Facebook and Etsy as MartianGlasswork(s ) immediately Cease and Desist in utilising my Iron Man 3 Armour artwork ( produced and created by me Cellophane-S – real Name: Russell M Hossain ) either in its entirety or any portion of, distorted, altered, reproduced or otherwise, or any variation thereof that can reasonably and reliably be judged to be based on my artwork, as the basis for any further artistic/commercial/educational creations, sales, profit, or public displays by yourself, or any other related party to you.

It is my hope that your cooperation in this matter will mean we can move on from this situation.

UPDATE: And here's word from Senator Mars… or Rick Daniels.

I'm the guy on the other side of the situation with your "swipe file". I guess any sort of due diligence on your part would have been too much of a burden, and it doesn't matter in the long run to you, so why not just run a manifesto from the other guy, regardless if it's true or not?

There are so many inaccuracies in Cellophane-S's rambling, Law-school-dropout type "cease and desist" wet dream, which is to be expected, but you didn't even attempt to find out the final sale price of the Iron Man window.

It wan't anywhere near "over $4000". I'm guessing you just looked at what a custom window would have gone for and ran with that. Good enough for government work, I guess.

So here you have one man, who took, by his own admission "a bunch of images he'd seen" to create his little piece of artwork, although at this point he's erased all mention and we're to believe that the glory of his mind and imagination led him to create the image, with no reference material. So he's already changed his story because it doesn't fit the new reality he'd trying to push. HE used other peoples work to create his image, DIDN'T CREDIT THEM AT ALL, then cried foul because I didn't credit him enough for his liking A YEAR LATER

He's not only a hypocrite, but he's a liar and not a good one. I see no mention of his letter to me that granted me permission to use his image an "reference material". Which is all it was, one of dozens of images that I used to create a stained glass window. I didn't have to notify him about ANYTHING. He holds no copyright because his work is derivative. I didn't even have to ask him, he holds no copyright and his work is so derivative it's practically invisible.

I credited this whiny jerk on deviant art, I put up a picture of his work in my Imgur and credited him, I even defended, and credited, and linked to his work when someone else took MY design and used it to create a faux stained glass that was featured on Hack-a-Day. I had no responsibility to do any of this. My work is so transformative it's unmistakable, even mentioning him was just a courtesy.

And about the Money? He lives in the UK, I tried to send a money order, no dice. I asked him about paypal, he said he'd let me know. Months went by and nothing. Finally he gets a paypal and because I don't pay him fast enough he turns to you and you regurgitate this trash. The money was merely a gift, he wasn't owed it, he didn't negotiate for it, and it wasn't promised or part of a contract. He's just trying to make himself seem more important that he is.

What really bothers me, however, is that he filed an illegal DMCA takedown of my work. That in itself is bad enough since he had no standing to do so, but then he reported me to Marvel for "counterfeit goods". This man is trying to destroy a hobby and livelihood that I enjoy, and that saved my life when I was recovering from a car accident by teaching me how to regain my motor skills. And he's willing to do this for a petty feud that I didn't even know existed because this man is not important, and he had to make himself important because no one cares about his work, so he's going to try and ruin things for others.

What Mr. Hussein doesn't understand is that just because his scratchings, which offer nothing to anyone, exhibit no advanced skill, and are derivative and boring, are not equal to my work. Which is dynamic, original, unmistakably mine, and entirely transformative.

I have virtually no profit margin because 10% of what I make I donate to Child's play, when Mr Hussein finally decided he wanted his money, after making me wait for months, I couldn't produce it right away and he sent his BS sob story all around, and you were more than happy to contribute to this slander.

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