This is the question that has been troubling me for a while. As you probably know, there is an art thief of dA who steals pictures from other KP artists, traces them and posts as his own. The admins on dA admins took down several of his pictures, but he has re-posted them since. I've tried to contact the dA admins again, but without success.

Now, the thing which troubles me is this: is it okay to post that dude a DMCA takedown notice, because the fact is that those pictures are fan art, which means that technically they belong to Disney Studios who are still the copyright holders of the KP franchise, or should I send the DMCA notice only when I find my original work stolen?