Legal Dispute with Diamond Art Club
August 15, 2024
Thanks to all who’ve donated so far, I am humbled by the support of my fans!! Now that DAC has filed suit against me, there will obviously be more cost involved in active defense. I’m going to have to keep this at the forefront in order to raise funds, so I’m sorry if you don’t want to see it, there’s not much else I can do when my livelihood is being threatened. If you enjoy my art and it’s provided you some joy, I would hope it at the very least it wouldn’t bother you that I’m attempting to save it so I can continue bringing joy to myself and the world through my art. You know I’m not the type to do “drama”, but this isn’t drama for me. This is my life’s work and my family’s well being under complete attack.
You can also buy my coloring books on Amazon (which I’ve put on sale), https://www.amazon.com/.../Hannah-Lynn/author/B01G3VYHDA...
Sign up for my Patreon.com/HannahLynn,
snag some PDFs over in my Etsy shop (which I’ve put on sale), https://www.etsy.com/shop/hannahlynnart
or pick up some Diamond painting kits at Art & Soul Diamonds https://www.artandsouldiamonds.com/collections/hannah-lynn which are fabulous ways to treat yourself to some goodies for you or gifts for others AND help me at the same time! I’ll be doing some special auctions for sketches and things around my studio as well soon, I have lots of fun treasures hidden away looking for a new home
Diamond Art Club is a corporate bully who I believe is now retaliating against me, an individual artist, for not giving in to their demands of lordship over my copyrights which they have no legal rights to (hence why they’ve been trying to strong arm me into agreement to voluntarily allow them to, with threats of litigation and gaslighting tactics), and for since speaking out against their heinous behavior on social media.
Lawyers are 700-950 AN HOUR in California, so unfortunately this will be a painful journey for me as an artist just trying to make a living and support her family with her art. Seriously, no matter how rich or famous you THINK I am, I just don’t make that kind of money. For ONE full time 40 hour week’s worth of legal fees at 700 an hour that’s $28,000.
I’ll never be able to wrap my brain around how treating people like garbage or making them feel small can make people feel like they’re winning in life. Maybe that’s a good thing?
Thank you for all the love and outpouring of support from my fans. Let’s all pray I make it out on the other side of this! Cross-posted to my Facebook Page and GoFundMe
https://gofund.me/a0e62853
Hannah
You can also buy my coloring books on Amazon (which I’ve put on sale), https://www.amazon.com/.../Hannah-Lynn/author/B01G3VYHDA...
Sign up for my Patreon.com/HannahLynn,
snag some PDFs over in my Etsy shop (which I’ve put on sale), https://www.etsy.com/shop/hannahlynnart
or pick up some Diamond painting kits at Art & Soul Diamonds https://www.artandsouldiamonds.com/collections/hannah-lynn which are fabulous ways to treat yourself to some goodies for you or gifts for others AND help me at the same time! I’ll be doing some special auctions for sketches and things around my studio as well soon, I have lots of fun treasures hidden away looking for a new home
Diamond Art Club is a corporate bully who I believe is now retaliating against me, an individual artist, for not giving in to their demands of lordship over my copyrights which they have no legal rights to (hence why they’ve been trying to strong arm me into agreement to voluntarily allow them to, with threats of litigation and gaslighting tactics), and for since speaking out against their heinous behavior on social media.
Lawyers are 700-950 AN HOUR in California, so unfortunately this will be a painful journey for me as an artist just trying to make a living and support her family with her art. Seriously, no matter how rich or famous you THINK I am, I just don’t make that kind of money. For ONE full time 40 hour week’s worth of legal fees at 700 an hour that’s $28,000.
I’ll never be able to wrap my brain around how treating people like garbage or making them feel small can make people feel like they’re winning in life. Maybe that’s a good thing?
Thank you for all the love and outpouring of support from my fans. Let’s all pray I make it out on the other side of this! Cross-posted to my Facebook Page and GoFundMe
https://gofund.me/a0e62853
Hannah
August 9, 2024
I have been served.
Case Link File HERE
Case Link File HERE
July 25, 2024
Update 7/25/2024 Comment follow up response to DAC Lawyer YouTube Video https://www.youtube.com/watch?v=Vx5qbtaHK6E&t=482s
Spoke with my lawyer yesterday afternoon, apparently DAC’s lawyer reached out with an informal resolution request on 7/15/2024 and I was not contacted (multiple people in the office, I reached out a couple days ago to check if any communications had come through and was told no, but then when I called and spoke with someone different yesterday afternoon they informed me of the informal resolution request). It is no different than their July 3rd threats. After reviewing DAC’s informal resolution request (to discontinue legal threats in exchange for following their wishes and demands—which now includes deleting all my social media posts about them), unfortunately I cannot accommodate their request to require companies I work with to alter their rendering sizes or processes simply to avoid “upsetting” DAC. They have no legal ownership of my copyrights which includes derivatives, so they cannot legally require nor enforce what they are asking. What they are proposing in their informal resolution would require a new written agreement that would then be enforceable as a separate contract, providing unnecessary authority for DAC to harass and threaten their competitors like they have me, for violating copyrights that they don’t legally own. I’m sure anyone can see how that’s just not something I can, or ever would, do. I’m not willing to put myself, or the companies I work with, in a position to be under sub-contract and constant surveillance of DAC with looming threats of litigation if the size or a couple pixels are too close.
They are also maintaining that I am in breach of contract for signing with other companies at all, which is just not true. Since I am not willing to agree to their unreasonable demands, I’ll need to continue preparing to defend myself in a court of law with whatever means I have. I’ll be my own defense attorney if I have to. If they have a real case, they will bring it to the courts, and we can let the judge decide, and then everyone can follow along in detail with public records. I have plenty more to share, and nothing to hide. Until then, it doesn’t do much good to continue “arguing” about it and this is all just a waste of my very valuable and limited time as I'm only one person—I’ve only been posting about this so I can raise the funds I need to defend myself in court. Why is DAC talking about it outside of court if they have this powerful and well-funded legal team, and they’re allegedly in the right?
There is zero excuse for their behavior. I will not be treated this way and I will not be silenced by their threats. I have a fundamental human right to move with my life without fear of being harassed and threatened, having my character berated, and being accused of things I didn’t do, by a company I no longer work with. My ideal resolution is for them to leave me alone. This is not about the renderings as much as they’d like it to be—this situation is just a symptom of much larger issues at this company. This is about a large company bullying, tormenting, and lying about an artist from whom they made massive profits off of (all while I made very little), because they aren’t getting their way. Yet my ethics come into question for standing on my legal rights and telling the truth?
As a side note, I’ve seen some people say that I have provided renderings to companies—I don't have, nor have I ever had, files from DAC to share, and this was addressed by my lawyer in the July 1st letter. Companies with re-release rights are advised that I own derivative rights, and if they choose to reference previous renderings which everyone has access to online, they are legally allowed to per our contract. Every design, including re-releases, still have to go through a hand-rendering process, regardless, which is still also approved by me. DAC just doesn’t want re-releases “looking” like the renderings they did, which is a copy of my art to begin with and also legally my intellectual property.
Hannah
Spoke with my lawyer yesterday afternoon, apparently DAC’s lawyer reached out with an informal resolution request on 7/15/2024 and I was not contacted (multiple people in the office, I reached out a couple days ago to check if any communications had come through and was told no, but then when I called and spoke with someone different yesterday afternoon they informed me of the informal resolution request). It is no different than their July 3rd threats. After reviewing DAC’s informal resolution request (to discontinue legal threats in exchange for following their wishes and demands—which now includes deleting all my social media posts about them), unfortunately I cannot accommodate their request to require companies I work with to alter their rendering sizes or processes simply to avoid “upsetting” DAC. They have no legal ownership of my copyrights which includes derivatives, so they cannot legally require nor enforce what they are asking. What they are proposing in their informal resolution would require a new written agreement that would then be enforceable as a separate contract, providing unnecessary authority for DAC to harass and threaten their competitors like they have me, for violating copyrights that they don’t legally own. I’m sure anyone can see how that’s just not something I can, or ever would, do. I’m not willing to put myself, or the companies I work with, in a position to be under sub-contract and constant surveillance of DAC with looming threats of litigation if the size or a couple pixels are too close.
They are also maintaining that I am in breach of contract for signing with other companies at all, which is just not true. Since I am not willing to agree to their unreasonable demands, I’ll need to continue preparing to defend myself in a court of law with whatever means I have. I’ll be my own defense attorney if I have to. If they have a real case, they will bring it to the courts, and we can let the judge decide, and then everyone can follow along in detail with public records. I have plenty more to share, and nothing to hide. Until then, it doesn’t do much good to continue “arguing” about it and this is all just a waste of my very valuable and limited time as I'm only one person—I’ve only been posting about this so I can raise the funds I need to defend myself in court. Why is DAC talking about it outside of court if they have this powerful and well-funded legal team, and they’re allegedly in the right?
There is zero excuse for their behavior. I will not be treated this way and I will not be silenced by their threats. I have a fundamental human right to move with my life without fear of being harassed and threatened, having my character berated, and being accused of things I didn’t do, by a company I no longer work with. My ideal resolution is for them to leave me alone. This is not about the renderings as much as they’d like it to be—this situation is just a symptom of much larger issues at this company. This is about a large company bullying, tormenting, and lying about an artist from whom they made massive profits off of (all while I made very little), because they aren’t getting their way. Yet my ethics come into question for standing on my legal rights and telling the truth?
As a side note, I’ve seen some people say that I have provided renderings to companies—I don't have, nor have I ever had, files from DAC to share, and this was addressed by my lawyer in the July 1st letter. Companies with re-release rights are advised that I own derivative rights, and if they choose to reference previous renderings which everyone has access to online, they are legally allowed to per our contract. Every design, including re-releases, still have to go through a hand-rendering process, regardless, which is still also approved by me. DAC just doesn’t want re-releases “looking” like the renderings they did, which is a copy of my art to begin with and also legally my intellectual property.
Hannah
July 24, 2024
There has been a statement issued to a YouTuber by DAC's lawyers: https://www.youtube.com/watch?v=Vx5qbtaHK6E and here is my response: The last communication I received from DAC directly or through my attorney was their lawyer’s letter dated July 3rd, (published in my public statements) which stated I was in breach of contract for licensing my artwork to other companies and for breaking confidentiality (neither of which were breaches since the contract is expired), and that they indeed own the copyrights in question legally (which they don’t); and that if an informal resolution couldn’t be reached by July 10th, they were going to file a lawsuit against me. This would qualify as keeping me from moving on in the industry of Diamond painting with my artwork (not just the renderings) completely and indefinitely, where non-compliance is met with litigation, along with damages and attorney’s fees, and thousands of dollars more in lost income.
If they have since realized that they in actuality have no grounds to harass, insult, terrorize, accuse, patronize, intimidate, gaslight, manipulate, belittle, and threaten to sue me, and have decided they are no longer going to pursue putting me and my family in financial ruin while dragging me through the emotional and physical stress of a court case fighting for my very livelihood for no good legal or moral reason, I feel like a public apology or official update would have been a more appropriate action from them at this time.
While we can disagree over morals and ethics all day with no real resolution due to the nature of opinion, the argument and situation at hand has turned to a series of very serious unfounded legal accusations that are false and being weaponized against me, all because DAC doesn’t “like it.” There were lots of things I didn’t “like” during our time together and that I felt were highly unethical over the years.
It is true that what is legal might not always be moral—please see my most recent update about the lawsuit they filed on July 11, 2024 against the Redditor in question which I just discovered on July 22, 2024, which highlights only one particular situation regarding my relationship with DAC. https://www.facebook.com/share/p/b7UNxKwhvQq6bmeT/
If one simply doesn’t fundamentally believe in another company “making money” off of another company’s long-term efforts, then I would ask them to look deeper into understanding the licensing industry as a whole, because that is the very essence of the deal: a new company (DAC established in 2018), without any ownership of creative assets, profits off of someone else that’s more established, to gain a competitive edge and get to market as quickly as possible. In this case, I was established with hundreds of assets built across two decades (established 2006) so rather than spend the time and money to create the art for charting themselves, or buy copyrights, or pay someone in house to do it which is all very expensive and time consuming, companies offer a small percentage to leverage those established assets from the copyright owner, which brings them to a place of profit quicker than they would have otherwise. It’s how the business works and there’s nothing unethical about people exercising their legal rights in business. But harassing and threatening to sue someone for which you have no legal grounds, is absolutely unethical, and potentially illegal.
While I appreciate the conversation, I hesitate to participate any further than this with your allegedly having private communications directly with them without a corroborating statement from them elsewhere publicly (while all of mine have been public and cross-posted), which I’m sure everyone can understand!
Thanks all,
Hannah
If they have since realized that they in actuality have no grounds to harass, insult, terrorize, accuse, patronize, intimidate, gaslight, manipulate, belittle, and threaten to sue me, and have decided they are no longer going to pursue putting me and my family in financial ruin while dragging me through the emotional and physical stress of a court case fighting for my very livelihood for no good legal or moral reason, I feel like a public apology or official update would have been a more appropriate action from them at this time.
While we can disagree over morals and ethics all day with no real resolution due to the nature of opinion, the argument and situation at hand has turned to a series of very serious unfounded legal accusations that are false and being weaponized against me, all because DAC doesn’t “like it.” There were lots of things I didn’t “like” during our time together and that I felt were highly unethical over the years.
It is true that what is legal might not always be moral—please see my most recent update about the lawsuit they filed on July 11, 2024 against the Redditor in question which I just discovered on July 22, 2024, which highlights only one particular situation regarding my relationship with DAC. https://www.facebook.com/share/p/b7UNxKwhvQq6bmeT/
If one simply doesn’t fundamentally believe in another company “making money” off of another company’s long-term efforts, then I would ask them to look deeper into understanding the licensing industry as a whole, because that is the very essence of the deal: a new company (DAC established in 2018), without any ownership of creative assets, profits off of someone else that’s more established, to gain a competitive edge and get to market as quickly as possible. In this case, I was established with hundreds of assets built across two decades (established 2006) so rather than spend the time and money to create the art for charting themselves, or buy copyrights, or pay someone in house to do it which is all very expensive and time consuming, companies offer a small percentage to leverage those established assets from the copyright owner, which brings them to a place of profit quicker than they would have otherwise. It’s how the business works and there’s nothing unethical about people exercising their legal rights in business. But harassing and threatening to sue someone for which you have no legal grounds, is absolutely unethical, and potentially illegal.
While I appreciate the conversation, I hesitate to participate any further than this with your allegedly having private communications directly with them without a corroborating statement from them elsewhere publicly (while all of mine have been public and cross-posted), which I’m sure everyone can understand!
Thanks all,
Hannah
July 23, 2024
(Cross posted from my Facebook page)***SCROLL PAST If you’re NOT following the Diamond Art Club legal situation.***
I have an update for those who are. There has been a lawsuit filed by DAC against the Redditor in my situation. To view the original post which precedes this update here on my Facebook page: https://www.facebook.com/share/p/LzWaStC8CERcrJeZ/
As much as I am desperately trying to move on and it’s not my intention to expose everything that’s happened between me and DAC (literally ALL I WANT TO DO IS MOVE ON WITH MY LIFE), I am once again being put in a position by DAC to defend myself against their false accusations about me—and since it’s now a matter of public record, and I’m mentioned by name in the legal complaint multiple times, I’m going to put it in the updates here as it’s related.
I just discovered last night (July 22, 2024) that on July 11, 2024 DAC filed a libel/slander/defamation lawsuit against the Redditor involved in DAC’s claims of my allegedly breaching the confidentiality portion of the contract, and for allegedly divulging confidential financial terms of that expired agreement. They also address a claim that I allegedly told the Redditor that DAC convinced me to breach my contract with my agent, which is what will be addressed here. I am not a defendant in this case, but my name along with specific claims regarding things I allegedly said are mentioned, so I assume I’m going to court, and all of this will be public record along with it.
From the DAC filed complaint against Redditor for slander/libel/defamation:
[Redditor published on Reddit in regards to her conversation with me (Hannah Lynn)] “False assertions that DAC induced an artist to breach her contract with an agent (in reality, DAC merely provided the artist with sales data when she noted that she was not getting timely reporting from her agent and accommodated her request to work with her directly)”
Actual statement made by me (Hannah Lynn) to the Redditor was that DAC “convinced me to get away from my agent”, not that I was induced to breach, as no such breach occurred (I just waited until the end of the natural term expiration, then went independent). In the following email conversations from 2019 it is clear that DAC, not me (Hannah Lynn) initiated and pursued a highly motivated interest in getting me out of my agent’s contract so I could sign exclusivity, which my agent refused while I was represented by him. I did dissolve my agent contract later, but it was upon the contract expiration date, and it was with artworks that I had never sent them for licensing, so there was no breach there.
It wouldn’t be until my agent contract term was close to renewal/expiration before the issue was approached again by DAC in 2021 (notably upon their initiation of the subject), but then I felt pressured to sign independently & exclusively, as it was said to me by DAC that they might not renew my contract through my agent at all because they couldn’t agree on terms, as evidenced by the conversations attached. I was made to feel like I had to go independent in order to move forward with DAC, so I did and signed with them directly in 2021 on new images that had never been sent to my agent moving forward, while the agent contract continued to renew and be in effect alongside with renewal of kits they were still stocking from that contract, as I was legally able to maintain both simultaneously.
It is also notable that I consulted with multiple attorneys who read my DAC contract and they have confirmed that the confidentiality clause expired with the contract, so my conversation with the Redditor was not a breach of confidentiality as they are also claiming, since it occurred post contract expiration. Please go back and read my original post about this situation which covers this subject.
Unfortunately there would be many more instances just like this one over the years that I was with DAC (and after leaving) where I felt heavily manipulated and gaslighted. The fact that they would make such a statement in a filed lawsuit when we both have all of these email records to reference is just further evidence of how terrifying this whole situation is for me. I have every reason to be scared of their unpredictable and unwarranted behavior and what they are potentially capable of. Mentioning me in this lawsuit is completely unfounded, and it just feels like more harassment and retaliation from them. This is NOT a normal business dispute. Something is very very wrong here. I’m absolutely depleted and exhausted by all of this and it just didn’t have to be this way.
Screenshots of relevant portions of the lawsuit posted below, along with related email conversations. Sorry it’s so small, there’s a lot and hopefully you can zoom in.
You know I wouldn't ask unless I needed it. Lawyers cost anywhere from 375 to 950 an hour. Please donate if you can, honestly I think I’m going to need a Florida AND a California lawyer now as this suit has been filed in Florida but any personal contract disputes are said to be held in Los Angeles. I wish it was different and I could be posting art instead of dealing with all of this, but I DESPERATELY need your help as my fans to get through this. I'm just sick over all of this. Thank you so much to those who are following along and supporting me, I’m still interviewing for the right lawyer in California (and now Florida) so that’s just more retainer funds I need. You can donate directly via Paypal at [email protected] or on my GoFundMe account: https://gofund.me/3c3666df
ANY COMMENTS OR COMMUNICATIONS FROM DAC, THEIR EMPLOYEES, OR ADMINS WILL BE CONSIDERED HARASSMENT and saved for my records.
Thank you for all the thoughts, prayers, and support. Hannah
I have an update for those who are. There has been a lawsuit filed by DAC against the Redditor in my situation. To view the original post which precedes this update here on my Facebook page: https://www.facebook.com/share/p/LzWaStC8CERcrJeZ/
As much as I am desperately trying to move on and it’s not my intention to expose everything that’s happened between me and DAC (literally ALL I WANT TO DO IS MOVE ON WITH MY LIFE), I am once again being put in a position by DAC to defend myself against their false accusations about me—and since it’s now a matter of public record, and I’m mentioned by name in the legal complaint multiple times, I’m going to put it in the updates here as it’s related.
I just discovered last night (July 22, 2024) that on July 11, 2024 DAC filed a libel/slander/defamation lawsuit against the Redditor involved in DAC’s claims of my allegedly breaching the confidentiality portion of the contract, and for allegedly divulging confidential financial terms of that expired agreement. They also address a claim that I allegedly told the Redditor that DAC convinced me to breach my contract with my agent, which is what will be addressed here. I am not a defendant in this case, but my name along with specific claims regarding things I allegedly said are mentioned, so I assume I’m going to court, and all of this will be public record along with it.
From the DAC filed complaint against Redditor for slander/libel/defamation:
[Redditor published on Reddit in regards to her conversation with me (Hannah Lynn)] “False assertions that DAC induced an artist to breach her contract with an agent (in reality, DAC merely provided the artist with sales data when she noted that she was not getting timely reporting from her agent and accommodated her request to work with her directly)”
Actual statement made by me (Hannah Lynn) to the Redditor was that DAC “convinced me to get away from my agent”, not that I was induced to breach, as no such breach occurred (I just waited until the end of the natural term expiration, then went independent). In the following email conversations from 2019 it is clear that DAC, not me (Hannah Lynn) initiated and pursued a highly motivated interest in getting me out of my agent’s contract so I could sign exclusivity, which my agent refused while I was represented by him. I did dissolve my agent contract later, but it was upon the contract expiration date, and it was with artworks that I had never sent them for licensing, so there was no breach there.
It wouldn’t be until my agent contract term was close to renewal/expiration before the issue was approached again by DAC in 2021 (notably upon their initiation of the subject), but then I felt pressured to sign independently & exclusively, as it was said to me by DAC that they might not renew my contract through my agent at all because they couldn’t agree on terms, as evidenced by the conversations attached. I was made to feel like I had to go independent in order to move forward with DAC, so I did and signed with them directly in 2021 on new images that had never been sent to my agent moving forward, while the agent contract continued to renew and be in effect alongside with renewal of kits they were still stocking from that contract, as I was legally able to maintain both simultaneously.
It is also notable that I consulted with multiple attorneys who read my DAC contract and they have confirmed that the confidentiality clause expired with the contract, so my conversation with the Redditor was not a breach of confidentiality as they are also claiming, since it occurred post contract expiration. Please go back and read my original post about this situation which covers this subject.
Unfortunately there would be many more instances just like this one over the years that I was with DAC (and after leaving) where I felt heavily manipulated and gaslighted. The fact that they would make such a statement in a filed lawsuit when we both have all of these email records to reference is just further evidence of how terrifying this whole situation is for me. I have every reason to be scared of their unpredictable and unwarranted behavior and what they are potentially capable of. Mentioning me in this lawsuit is completely unfounded, and it just feels like more harassment and retaliation from them. This is NOT a normal business dispute. Something is very very wrong here. I’m absolutely depleted and exhausted by all of this and it just didn’t have to be this way.
Screenshots of relevant portions of the lawsuit posted below, along with related email conversations. Sorry it’s so small, there’s a lot and hopefully you can zoom in.
You know I wouldn't ask unless I needed it. Lawyers cost anywhere from 375 to 950 an hour. Please donate if you can, honestly I think I’m going to need a Florida AND a California lawyer now as this suit has been filed in Florida but any personal contract disputes are said to be held in Los Angeles. I wish it was different and I could be posting art instead of dealing with all of this, but I DESPERATELY need your help as my fans to get through this. I'm just sick over all of this. Thank you so much to those who are following along and supporting me, I’m still interviewing for the right lawyer in California (and now Florida) so that’s just more retainer funds I need. You can donate directly via Paypal at [email protected] or on my GoFundMe account: https://gofund.me/3c3666df
ANY COMMENTS OR COMMUNICATIONS FROM DAC, THEIR EMPLOYEES, OR ADMINS WILL BE CONSIDERED HARASSMENT and saved for my records.
Thank you for all the thoughts, prayers, and support. Hannah
July 10, 2024
I can’t begin to express how difficult this has been for me, and just how much courage it has taken me to do this. I did everything I could to diffuse the situation, but it’s gotten to the point where this is no longer just about me. This is bigger than me. If ever there was a hill I was willing to die on, this is the one. If it means I end up PENNILESS fighting this in civil court and subsequently have to scrub toilets in a chicken suit to pay my bills, so be it.
A previous diamond painting kit company I licensed my artwork with, Diamond Art Club (DAC), has been threatening to sue me, with absolutely OUTRAGEOUS claims that the exclusivity clause is NOT limited to the term of the contract (which was terminated by DAC in January and officially expired April 2024) for the licensing rights to ALL of my artworks in the ENTIRE FIELD of diamond painting (and that I am in breach of contract for since licensing my work to other diamond painting companies even though I have documented emails of their discussing my moving on and signing with others) AND claiming ownership over my derivative copyrights, which they contractually agreed not to do (it wasn't a sale or purchase agreement, it was a Limited License Agreement for 3 years which clearly states under Ownership of Artwork: "Licensee agrees that it will not claim any intellectual ownership rights to the Artwork, or any derivative, compilation thereof, unless such rights are granted to Licensee by Licensor"), AFTER THEY clearly terminated our agreement and retired all my kits—with all these claims being presented MONTHS AFTER THE CONTRACT HAS ENDED, AND -ONLY AFTER- I HAD ALREADY SIGNED ON WITH MULTIPLE OTHER DIAMOND PAINTING COMPANIES—docs available for review below.
If your jaw is on the floor right now, or you just spit out whatever was in your mouth…just IMAGINE how I feel. I’m just as DUMBFOUNDED as you are, even reading it back. It doesn’t seem real; I keep thinking I’m going to wake up and it’s all been a nightmare, but it’s the truth, and there’s power in it. FOR ME, NOT THEM. I refuse to suffer in silence or protect them from their egregious behavior. I WILL NOT BE THREATENED LIKE THIS BY ANYONE.
There is obviously a lot more background to what led to this point—but in the interest of time and letting the truth speak for itself, I've added a few relevant documents below for review. I was emailed unprovoked multiple times from DAC about different things starting a few weeks ago (when I finally started releasing new kits after not being able to make an income on diamond painting for most of this year due to the transition)--I was accused of theft by way of infringing on "THEIR" copyrights (charted designs of MY artwork), defamation (which is telling lies, not the truth), and breach of contract; called unethical and dishonest, and threatened with litigation multiple times.
I retained legal counsel and had them read over all the contract and other communications to send a response on my behalf, because I had gone as far as I could go on my own. The contract is clear. Just because DAC doesn't like it, it doesn’t change the laws, or the terms of the agreement, nor does it give them the right to harass me, accuse me of things I didn't do, and threaten me! THIS ABSOLUTELY CANNOT STAND in the realm of copyrights and serves to set an extremely dangerous precedent in the licensing industry for ALL ARTISTS—as does claiming unfounded extensions of provisions outside of a clearly defined, and clearly expired, contract.
I was not happy with our business relationship while I was with them for a lot of reasons, and have had my share of disputes with them. Yet I always remained cordial in communications with them and on social media, and never, ever spoke about their terrible behavior or the way I felt publicly on my page or on Reddit, even after our contract expired. Why? Because I wanted to put these last couple years behind me of losing an unquantifiable amount of income from this restrictive contract (that I had signed, I accepted that for those 3 years and learned my lesson) and MOVE ON, and I didn't want Diamond Painting fans to feel bad for using their kits if they change their perception of DAC (I still don't)—Fans spent a lot of hard-earned money on their Hannah Lynn kits and they are going to be working on them for years to come—and I deserve to have my page and career be about my art, not business drama!
Had I known that ANY of this was a possibility with this company, I NEVER WOULD HAVE SIGNED to license my works for their use in the first place. Why would I risk that? I've created a portfolio of copyrights with my bare hands over nearly 20 YEARS of hard work and sacrifices to build and promote my brand. As most artists have, I've put up with a lot of garbage over the years. NO ONE should have to deal with this type of business relationship and litigious bullying. There’s fair competition, and even valid business disputes, but this is not that.
I’d rather sell everything I own and live in a DUMPSTER before tolerating this harassment and intimidation from ANYONE. I don’t care how “big” they are, I’m absolutely DONE being treated like a doormat. They MAY be able to take my money by way of legal fees, but never my dignity, or my voice. THEY cancelled my contract (because I refused the exclusivity moving forward which was “required” by them WITHOUT a royalty advance or additional compensation, among other failed negotiation topics) and then RETIRED all my kits! Exclusivity (which prevented me from signing with any other diamond painting companies even if DAC didn't want to put all of my artworks into production, which they didn't), along with their FOMO marketing model (in which kits would sell out within minutes of release then remain out of stock for months on end) created large secondary and black markets, which competed directly with my ability to earn appropriate royalties in this industry and serve my fans effectively. I just couldn't justify it based on our history together, so I offered to work together on an image-exclusive basis (which is how 99% of licensing companies do it where you're still allowed to license other images in your portfolio to other companies at the same time in the same industry for the same product!), and I was told it was a non-negotiable. They did not create, nor do they own, the industry of diamond painting; and these charts are based SO closely on cross-stitch charts (which have been around for decades and I have licensed for over 15 years and have already had most, if not all, of these same artworks also charted as cross stitch charts, some before I even signed with DAC). They had made their sales, didn't want to sell my kits anymore, retired them, and then let me go--or so I thought! Is this all just to purposely interrupt a considerable source of my income…the one I earn to feed my family!?! I'm not a big company I'M A HUMAN ARTIST. I will NEVER understand how someone could be so CRUEL. I am just SICK over this. LITERALLY. I’m losing massive amounts of sleep, and now weight from not eating properly and being nauseous all day, struggling terribly with major anxiety and panic attacks, my autoimmune arthritis is flaring, and I’m NOT OK.
I provided multiple opportunities for DAC to walk away and leave me alone, and they've now got me backed into a corner. This has been affecting my health both physically and mentally, my family, my life’s work, my time, and stands to be a potential threat to OTHER artists’ copyrights and well-being who may consider signing their art for licensed use with this business, one they claim to be so supportive of licensed artists! I WILL NOT BE SILENCED with threats of "confidential protection" or accusations of slander/libel/defamation; if people end up feeling differently about DAC after reading truthful reports of their business dealings, then DAC damaged their OWN reputation with their abhorrent actions, and my calling them out on those actions is not only perfectly legal, but just. Any challenges or losses suffered by their company resulting from this can only be attributed to their own choices and actions.
The letter from their legal counsel dated July 3, 2024 in response to the one my lawyer sent on July 1, 2024 (attached below) sets a deadline of July 10, 2024 to come to an "informal resolution" (whatever that means, I'm not talking to anyone at their company) which states: "If the parties cannot reach an agreement informally DAC will have no choice but to move forward with a formal action." It was also stated in previous emails before it even got to lawyers that they would have no choice to pursue legal action, and that continuing to infringe on "their rights" would "definitely lead to litigation", but they would "prefer" to work things out without having to pay for expensive lawyers. I'm sure they would.
I've already spent $1,000 in legal fees and countless hours of my life that I will never get back either on the phone dealing with legal counsel, researching, or taking extra mental and physical health time out over the last month this has been going on, and it's really affected my production schedule as well, which has resulted in further lost income. The counsel I paid for was a short term thing and was local to my area, but seeing as how DAC is getting ready to file suit against me, I need to put a new one on retainer as soon as possible in California where they are located and start the process of catching them up (more hours, more emails, more phone calls that have nothing to do with art!). Lawsuits are expensive and I JUST started getting my income back on track after a challenging year of dealing with this transition among so many other things! My losses are already in the thousands of dollars at this point, and if their threats of potential substantial financial judgement including their attorney fees and costs prevail, and I lose the rights to license my work for diamond paintings, and continue to lose more income, there will not likely be any Hannah Lynn diamond paintings or Hannah Lynn Art AT ALL.
I HUMBLY ask my fans, and anyone who takes a common interest in protecting the copyrights of Artists, for help with legal fees as I've run out of time and patience. I feel like the only option left is to fight this, with my incredible husband and family right by my side, as I know so many of my amazing fans will be. Anything you can do to donate to the GoFundMe or my Paypal [email protected], become a supporter through Patreon.com/HannahLynn will be GREATLY appreciated--and if there are excess donations that didn't go to my own legal fees, they will go to other Artists who are in need of legal fees for similar cases (case by case at my discretion), or a charity of my choosing.
Other ways you can support my art: Hannah Lynn Coloring Books on Amazon, HannahLynn.com, Hannah Lynn Art on Etsy, Art & Soul Diamond Paintings, Patreon
Feel free to share your own personal experiences with DAC on this Facebook post.
NOTICE: ANY COMMENTS OR COMMUNICATION FROM DAC, THEIR EMPLOYEES, OR ADMINS WILL BE CONSIDERED HARASSMENT and saved for my records.
Please understand I may be "offline" for a while due to all of this, which will help with my mental health, but I'm still going to be working--getting diamond paintings into production, making new art, working on my upcoming Pets coloring book, and releasing Patreon content (and answering customer emails) as best I can considering the situation and my health!
Thank you to all my fans, YOU are the reason I keep going! Hannah
I can’t begin to express how difficult this has been for me, and just how much courage it has taken me to do this. I did everything I could to diffuse the situation, but it’s gotten to the point where this is no longer just about me. This is bigger than me. If ever there was a hill I was willing to die on, this is the one. If it means I end up PENNILESS fighting this in civil court and subsequently have to scrub toilets in a chicken suit to pay my bills, so be it.
A previous diamond painting kit company I licensed my artwork with, Diamond Art Club (DAC), has been threatening to sue me, with absolutely OUTRAGEOUS claims that the exclusivity clause is NOT limited to the term of the contract (which was terminated by DAC in January and officially expired April 2024) for the licensing rights to ALL of my artworks in the ENTIRE FIELD of diamond painting (and that I am in breach of contract for since licensing my work to other diamond painting companies even though I have documented emails of their discussing my moving on and signing with others) AND claiming ownership over my derivative copyrights, which they contractually agreed not to do (it wasn't a sale or purchase agreement, it was a Limited License Agreement for 3 years which clearly states under Ownership of Artwork: "Licensee agrees that it will not claim any intellectual ownership rights to the Artwork, or any derivative, compilation thereof, unless such rights are granted to Licensee by Licensor"), AFTER THEY clearly terminated our agreement and retired all my kits—with all these claims being presented MONTHS AFTER THE CONTRACT HAS ENDED, AND -ONLY AFTER- I HAD ALREADY SIGNED ON WITH MULTIPLE OTHER DIAMOND PAINTING COMPANIES—docs available for review below.
If your jaw is on the floor right now, or you just spit out whatever was in your mouth…just IMAGINE how I feel. I’m just as DUMBFOUNDED as you are, even reading it back. It doesn’t seem real; I keep thinking I’m going to wake up and it’s all been a nightmare, but it’s the truth, and there’s power in it. FOR ME, NOT THEM. I refuse to suffer in silence or protect them from their egregious behavior. I WILL NOT BE THREATENED LIKE THIS BY ANYONE.
There is obviously a lot more background to what led to this point—but in the interest of time and letting the truth speak for itself, I've added a few relevant documents below for review. I was emailed unprovoked multiple times from DAC about different things starting a few weeks ago (when I finally started releasing new kits after not being able to make an income on diamond painting for most of this year due to the transition)--I was accused of theft by way of infringing on "THEIR" copyrights (charted designs of MY artwork), defamation (which is telling lies, not the truth), and breach of contract; called unethical and dishonest, and threatened with litigation multiple times.
I retained legal counsel and had them read over all the contract and other communications to send a response on my behalf, because I had gone as far as I could go on my own. The contract is clear. Just because DAC doesn't like it, it doesn’t change the laws, or the terms of the agreement, nor does it give them the right to harass me, accuse me of things I didn't do, and threaten me! THIS ABSOLUTELY CANNOT STAND in the realm of copyrights and serves to set an extremely dangerous precedent in the licensing industry for ALL ARTISTS—as does claiming unfounded extensions of provisions outside of a clearly defined, and clearly expired, contract.
I was not happy with our business relationship while I was with them for a lot of reasons, and have had my share of disputes with them. Yet I always remained cordial in communications with them and on social media, and never, ever spoke about their terrible behavior or the way I felt publicly on my page or on Reddit, even after our contract expired. Why? Because I wanted to put these last couple years behind me of losing an unquantifiable amount of income from this restrictive contract (that I had signed, I accepted that for those 3 years and learned my lesson) and MOVE ON, and I didn't want Diamond Painting fans to feel bad for using their kits if they change their perception of DAC (I still don't)—Fans spent a lot of hard-earned money on their Hannah Lynn kits and they are going to be working on them for years to come—and I deserve to have my page and career be about my art, not business drama!
Had I known that ANY of this was a possibility with this company, I NEVER WOULD HAVE SIGNED to license my works for their use in the first place. Why would I risk that? I've created a portfolio of copyrights with my bare hands over nearly 20 YEARS of hard work and sacrifices to build and promote my brand. As most artists have, I've put up with a lot of garbage over the years. NO ONE should have to deal with this type of business relationship and litigious bullying. There’s fair competition, and even valid business disputes, but this is not that.
I’d rather sell everything I own and live in a DUMPSTER before tolerating this harassment and intimidation from ANYONE. I don’t care how “big” they are, I’m absolutely DONE being treated like a doormat. They MAY be able to take my money by way of legal fees, but never my dignity, or my voice. THEY cancelled my contract (because I refused the exclusivity moving forward which was “required” by them WITHOUT a royalty advance or additional compensation, among other failed negotiation topics) and then RETIRED all my kits! Exclusivity (which prevented me from signing with any other diamond painting companies even if DAC didn't want to put all of my artworks into production, which they didn't), along with their FOMO marketing model (in which kits would sell out within minutes of release then remain out of stock for months on end) created large secondary and black markets, which competed directly with my ability to earn appropriate royalties in this industry and serve my fans effectively. I just couldn't justify it based on our history together, so I offered to work together on an image-exclusive basis (which is how 99% of licensing companies do it where you're still allowed to license other images in your portfolio to other companies at the same time in the same industry for the same product!), and I was told it was a non-negotiable. They did not create, nor do they own, the industry of diamond painting; and these charts are based SO closely on cross-stitch charts (which have been around for decades and I have licensed for over 15 years and have already had most, if not all, of these same artworks also charted as cross stitch charts, some before I even signed with DAC). They had made their sales, didn't want to sell my kits anymore, retired them, and then let me go--or so I thought! Is this all just to purposely interrupt a considerable source of my income…the one I earn to feed my family!?! I'm not a big company I'M A HUMAN ARTIST. I will NEVER understand how someone could be so CRUEL. I am just SICK over this. LITERALLY. I’m losing massive amounts of sleep, and now weight from not eating properly and being nauseous all day, struggling terribly with major anxiety and panic attacks, my autoimmune arthritis is flaring, and I’m NOT OK.
I provided multiple opportunities for DAC to walk away and leave me alone, and they've now got me backed into a corner. This has been affecting my health both physically and mentally, my family, my life’s work, my time, and stands to be a potential threat to OTHER artists’ copyrights and well-being who may consider signing their art for licensed use with this business, one they claim to be so supportive of licensed artists! I WILL NOT BE SILENCED with threats of "confidential protection" or accusations of slander/libel/defamation; if people end up feeling differently about DAC after reading truthful reports of their business dealings, then DAC damaged their OWN reputation with their abhorrent actions, and my calling them out on those actions is not only perfectly legal, but just. Any challenges or losses suffered by their company resulting from this can only be attributed to their own choices and actions.
The letter from their legal counsel dated July 3, 2024 in response to the one my lawyer sent on July 1, 2024 (attached below) sets a deadline of July 10, 2024 to come to an "informal resolution" (whatever that means, I'm not talking to anyone at their company) which states: "If the parties cannot reach an agreement informally DAC will have no choice but to move forward with a formal action." It was also stated in previous emails before it even got to lawyers that they would have no choice to pursue legal action, and that continuing to infringe on "their rights" would "definitely lead to litigation", but they would "prefer" to work things out without having to pay for expensive lawyers. I'm sure they would.
I've already spent $1,000 in legal fees and countless hours of my life that I will never get back either on the phone dealing with legal counsel, researching, or taking extra mental and physical health time out over the last month this has been going on, and it's really affected my production schedule as well, which has resulted in further lost income. The counsel I paid for was a short term thing and was local to my area, but seeing as how DAC is getting ready to file suit against me, I need to put a new one on retainer as soon as possible in California where they are located and start the process of catching them up (more hours, more emails, more phone calls that have nothing to do with art!). Lawsuits are expensive and I JUST started getting my income back on track after a challenging year of dealing with this transition among so many other things! My losses are already in the thousands of dollars at this point, and if their threats of potential substantial financial judgement including their attorney fees and costs prevail, and I lose the rights to license my work for diamond paintings, and continue to lose more income, there will not likely be any Hannah Lynn diamond paintings or Hannah Lynn Art AT ALL.
I HUMBLY ask my fans, and anyone who takes a common interest in protecting the copyrights of Artists, for help with legal fees as I've run out of time and patience. I feel like the only option left is to fight this, with my incredible husband and family right by my side, as I know so many of my amazing fans will be. Anything you can do to donate to the GoFundMe or my Paypal [email protected], become a supporter through Patreon.com/HannahLynn will be GREATLY appreciated--and if there are excess donations that didn't go to my own legal fees, they will go to other Artists who are in need of legal fees for similar cases (case by case at my discretion), or a charity of my choosing.
Other ways you can support my art: Hannah Lynn Coloring Books on Amazon, HannahLynn.com, Hannah Lynn Art on Etsy, Art & Soul Diamond Paintings, Patreon
Feel free to share your own personal experiences with DAC on this Facebook post.
NOTICE: ANY COMMENTS OR COMMUNICATION FROM DAC, THEIR EMPLOYEES, OR ADMINS WILL BE CONSIDERED HARASSMENT and saved for my records.
Please understand I may be "offline" for a while due to all of this, which will help with my mental health, but I'm still going to be working--getting diamond paintings into production, making new art, working on my upcoming Pets coloring book, and releasing Patreon content (and answering customer emails) as best I can considering the situation and my health!
Thank you to all my fans, YOU are the reason I keep going! Hannah
