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Digital art of a pale witch with a large purple hat and kinky red hair. Dark lipstick and a pentagram tattoo on her shoulder. Artwork by Jessica Amber 2019.

Artwork Details

Title:Heathen
Date:24 October 2019
Medium:Digital Art
Software:Procreate app
Tools:
  • iPad Pro 9.7″
  • Apple Pencil

Blurb

This sexy redhead witch will be a great design to show off your Halloween enthusiasm. With wild hair, a big purple witch’s hat and a smug smile on her lips, you know that trouble is a’brewing.

About This Artwork

There are lots of articles on Pinterest giving lots of tips on how to increase one’s sales on various websites, including Redbubble. One tip I have seen mentioned several times is to create seasonal artworks. With Halloween only a week away at the time of drawing this, it felt like the perfect opportunity to put that theory to the test.

The decision to make a witch was influenced by my preference for drawing pretty girls, and thinking about the adorable digital bust portraits​ done by artists I admire the heck out of like Fukari and Prinnay aka GDBee.

The Sun by GDBee
00's Goth by Fukari

So I took their inspiration and created something bold, sexy, and in-keeping with the trendy hashtags #inktober and #witchtober

Takedown Notice

Email from Redbubble issuing a takedown notice toJessicaAmber for the artwork 'Heathen'

On 17 September 2020 at 00:13, I received an email from Redbubble Marketplace Integrity Team, informing me that David A Lancaster complained that this artwork violated their rights. Lancaster has the trademark of the word Heathen, and because I used that word in my title and tags, it was enough for him to feel threatened I guess.

This takedown notice is unfair, in my opinion. The word heathen is a word that people use all the time to describe people who don’t subscribe to widely-held religions, or a person regarded as lacking culture or moral principles. I used the word in reference to the latter meaning, as my artwork is meant to subtley convey that this witch is dangerous and unscrupulous. To trademark the word needlessy restricts people’s creativity, especially if the word isn’t even being used within the artwork.

Several other people have had unfair takedown notices against them from Lancaster, on Redbubble and Amazon Marketplace. I would love to be able to fight this, but I’m simply too scared to issue a counter-notice, on the chance that he does try to take me to San Francisco court. Even if legally there’s not really an infringement here, I can’t afford a lawyer to show them that. Plus, this artwork had never even received a sale, so it being taken off my store is not a huge loss.

But I encourage every other artist who deals with occult and religious themes to exercise caution when using this word in or around their products.

There is a petition on iPetition with over 5,300 signatures and 1700 comments as of 21 September 2020, to have his trademark revoked. That’s a long way from the 100,000 signature goal, so if you can sign, please do so.

Where to Buy

Not currently available, please email me if you would like it published on a print on demand site.