Podcast Summary:

Art + Audience, Ep. 35: Justice for Artists: How Daniel Lachman Helps Creatives Fight Art Theft
Host: Stacie Bloomfield
Guest: Daniel Lachman (Founder, Justice for Artists)
Date: November 18, 2025

Overview

In this powerful episode, Stacie Bloomfield sits down with Daniel Lachman, founder of Justice for Artists, to discuss the pervasive issue of art theft in the creative community. Daniel shares his journey from running a successful t-shirt company plagued by counterfeiting to founding a service that has helped over 150 artists reclaim lost revenue and confidence. The conversation revolves around the practical, legal, and psychological aspects of art theft, with Daniel offering insight, strategies, and hope to artists everywhere.

Key Discussion Points & Insights

Daniel's Story: From Artist to Advocate

• [02:00] Daniel started Sharp Shirter, a t-shirt company, during college (2009), reaching major sales after going viral on Reddit but also becoming a target for rampant counterfeiting.
• [02:40] Despite trying cease-and-desist letters and DMCA complaints, counterfeiting was relentless and exhausting.
• [03:09] After working successfully with lawyers about 10 years into his business, Daniel realized most artists lacked knowledge and resources to defend themselves, sparking the idea for Justice for Artists.
  • “I realized that most artists don't know what to do when they're in this situation … so I closed up shop and started Justice for Artists.” [03:16]

How Justice for Artists Works

• [04:36]
  • Worked with ~150 artists so far.
  • Initially searched the internet for counterfeit items, tracked down creators, then reached out to offer help — often dealing with skepticism (people assuming it’s a scam).
  • Referrals and personal reputation in the artist community were crucial for gaining trust.
• [05:30]
  • Process: After verifying original art and signing an agreement, they secure a US copyright and pursue infringers via settlements or litigation (sometimes against dozens or hundreds of sellers at once).
  • “...we might be, for example, engaging with a big box store like Urban Outfitters ... or we would actually file litigation and go after every single store that's on Amazon and eBay ... and basically just build one entire ... mass market infringement case...” [05:36]

Fighting Art Theft on Amazon & Other Platforms

• [06:21]
  • Contrary to artist expectations, Amazon can be lucrative for legal recourse because sellers’ inventory is tied to frozen accounts, making them eager to settle.
  • “If we freeze their store ... they can't just open up another store because all their inventory has specific codes ... so they are much more eager to settle with us than maybe ... on Etsy or eBay.” [07:11]

Motivation and Team Building

• [08:12]
  • Daniel credits his experience as an “art director” and project manager in his own business for his ability to connect artists and legal experts.
  • No formal legal background; skills are in coordination and empathy with creative challenges.

Building Reputation and Word-of-Mouth

• [10:13]
  • Most new clients now come through Instagram tags and word-of-mouth after artists post about stolen work.
  • The most rewarding aspect: shocked and grateful responses from artists after recovering significant settlements.

Contingency Model: Removing Barriers for Artists

• [13:23]
  • Justice for Artists works entirely on contingency: no up-front costs for artists.
  • Allows for serving international and lower-income artists.
  • “We only get paid if there actually is a settlement ... and the artist would not be paying anything.” [14:31]

Case Studies & Memorable Settlements

• [15:21]
  • Example: The “Frick Frog” pin (frog giving the middle finger) went viral, artist disappeared, but Daniel's team found her and recovered a “life-changing amount of money” for her.
  • “We got her a life changing amount of money for a frog pin that was giving the middle finger.” [16:57]

Counterfeits vs. Knockoffs & the Challenge of AI

• [18:25]
  • Explained the legal difference: “Counterfeit” is near-exact copying; “knockoff” is similar in feel/vibe but not direct copying, with much grayer legal territory (especially with AI-generated art).
  • Mass-litigation is only possible when the products are nearly identical.
  • Misconception addressed: there is no "30% change" rule to safely avoid copyright violation.
  • “There isn’t actually a percentage. … Each one’s a case by case situation.” [19:32]

Evidence Gathering: What Artists Should Do

• [21:19]
  • Critical steps:
    • Take timestamped screenshots of infringing listings ASAP.
    • Make test purchases, especially in jurisdiction where litigation will be filed.
    • Don’t post about grievances on social media before securing evidence.
  • Some big retailers monitor artist/legal activity and quickly remove listings to avoid lawsuits.

Handling Smaller Infringers or Uncopyrightable Work

• [24:07]
  • Will assist even when litigation isn’t worthwhile (i.e., smaller brands), providing help with cease and desist/takedown letters.
  • Not all work is protectable: e.g., a “Shake a Shelf” mini bookshelf product couldn’t be copyrighted or patented; Daniel advises focusing on work with original, protectable elements.
  • “If you add an artistic element ... you are good to go.” [27:34]

Copyright Basics and Public Domain

• [28:42]
  • Artists can use public domain works as long as their own original contribution is clear and noted in copyright filings.
  • Example: Filing for copyright by specifying only the original portion, not the public-domain part.

When Should Artists Register Copyrights?

• [30:18]
  • US Copyright costs $65, can cover grouped works.
  • Focus on works shown to be popular or actively being infringed.
  • If copyright is filed after infringement, only lost profits can be claimed. If registered beforehand, can claim damages for willful infringement.
  • “There's a huge difference between somebody stealing your work before or after you have the copyright … you might be able to get damages on that.” [31:23]

Tips on Sharing and Protecting Work Online

• [33:29]
  • A file is considered published once it’s posted.
  • The timestamp serves as proof of original creation in legal disputes.
  • Don’t let fear of theft stop you from putting work online—register and document diligently.
  • “One of the most rewarding messages ... was ... I’m feeling like I can put my art back up online.” [34:31]

Timestamps for Notable Segments

• Daniel’s origin story – [02:00]
• Justice for Artists process – [04:36]
• Amazon as a legal battleground – [06:21]
• Shifting from selling to advocacy – [08:12]
• Working on contingency – [13:23], [14:31]
• The “Frick Frog” case study – [15:21]
• Counterfeit vs. knockoff and AI art – [18:25]
• Practical tips: gathering evidence – [21:19]
• Dealing with unprotectable ideas – [24:07]
• Copyrighting public domain-based work – [28:42]
• When to register copyright & legal distinctions – [30:18], [31:23]
• Advice on sharing art online – [33:29], [34:31]

Notable Quotes

• Daniel Lachman:

  • “I realized that most artists don't know what to do when they're in this situation … so I closed up shop and started Justice for Artists.” [03:16]
  • “If we freeze their store ... they can't just open up another store because all their inventory has specific codes ... so they are much more eager to settle with us...” [07:11]
  • “We only get paid if there actually is a settlement at the end of the case. ... the artist would not be paying anything.” [14:31]
  • “We got her a life changing amount of money for a frog pin that was giving the middle finger.” [16:57]
  • “There isn’t actually a percentage. … Each one’s a case by case situation.” [19:32]

• Stacie Bloomfield:

  • “...for some artists that drawing on their own product maybe makes them $1,000 and they're thrilled, ... the idea that your art ... could change your entire life.” [17:14]
  • “I love that you're able to change, like one illustration. One frog changed someone's life.” [17:52]
  • “You and your team are superheroes right now. These counterfeiters are like Lex Luthor. They know who you are, man, because they're blocking your IP address...” [34:38]

Practical Takeaways for Listeners

• Register copyrights on your popular or at-risk work as soon as possible; it’s a relatively quick and affordable process.
• Document everything: screenshots and test purchases can be crucial evidence for legal recourse.
• Contingency-based legal help now exists for artists—don't let lack of funds stop you from seeking your rights.
• Don’t let fear keep you from sharing your work. The right support can both protect your career and restore your confidence.
• Know the law’s limits: not all ideas or products can be copyrighted or patented; focus on original, artistic elements for protection.
• Reach out and connect: community referrals and word-of-mouth can lead you to trusted advocates like Justice for Artists.

Resources

• Justice for Artists: justiceforartists.com
• Daniel’s evidence-gathering guide (mentioned on website)
• Instagram: @justiceforartists (for support, community, and updates)

This episode is an empowering listen for any creative concerned about art theft, offering actionable information, legal clarity, and much-needed encouragement to keep making—and sharing—art.