Actually, the company was based in Spain! Yes, hard to enforce, but the
alternative is to do nothing? When someone is appropriating an artists' only
means of livelihood? Not this artist! If I allow free reproduction of my
images _for whatever use_ I'm out of business.
Oh, and being in Las Vegas, we have access to a wide variety of cheap legal
help when it comes to entertainment/visual law issues. Really isn't that
tough to get a lawyer to take something like this for a small investment.
Maria
My only point here is that there has to be enough money involved to make
legal action worthwhile or feasible. In the case you refer to, I'd say you
were fortunate that the company was so amenable to redress, given the fact
that it's located in Spain. It would be interesting to know whether the
company's managerial staff knew of the infringement or whether it was
committed by a designer or web designer.
Myron
The infringement was committed by their web designer. But the publication,
and thus the law breakin', was done out here in the good ol' U.S. of A.,
land of too many lawyers.
As for the enough money involved issue, I think we have all learned from the
music industry that even downloading a few innocent tunes from a "share"
website will get you sued too...eventually. I use reference photos from a
photographer, mostly of rugged nature. I pay him every time, even when my
final work scarcely resembles his original photo. It's a matter of
principle; intellectual property is ALL artists have.
Having said that, there have been other instances and I have been
appropriately ignored, although in all cases the images were withdrawn from
use. I let charity orgs and church groups and small colleges and other
innocents use my images all the time in publications in return for credit
and a copy of the pub; 90% of the time they won't even send the darn thing.
I started sending SASEs with my contracts.
Maria (ask me how I REALLY feel about this issue? :-)
Jeanne,
My understanding of the US copyright law is that everything you do is automatically copyrighted ..... Going thru the entire process.... filling out and filing the forms .... I believe ....gives you the right to sue for damages. If no forms are filled and filed you can still lay claim to any profit made with your art work.... hard to do with a web site ... much easier with T-shirts. In any case, you should speak to the people who appropriated your design ..... at least get them to stop using it.
Barbara P.
Once again PrintmakingLinks is going to run an open exchange. The 2004 Self Portrait Exchange was such a success that we would like to make this an annual event including members from Baren, Print Australia, and PrintmakingLinks.
All are invited to sign up. If interested contact me at: b.patera@att.net
Theme: "Pets Factual or Fantastical" ...... don't have a pet - don't worry. Imagine one. create a new species, build their environment, etc.
Paper Size: 10" x 15"
Method: OPEN..... all print media ,except pure digital, pure photo, and pure monoprint, are O.K. However, all the above may be combined with any more traditional method. Experiment to your hearts content!
Edition Size: Up to 33 depending on enrollment..... shooting for a minimum of 15 - maximum of 30..... enrollment will close Nov. 1st
Due Date: Feb. 1, 2005
Cost: Enough to cover return postage for your set of prints ... plus return label.
Coordinator: Me ..... will send out address later.
Entrants will be posted on PrintmakingLinks as they come in..... see lefthand side Pets Factual or Fantastical.
Regards,
Barbara Patera
Wanda,
I used cherry plywood, and yes, I did have problems with it. There are
places where small pieces ripped off - very luckily for me, not in crucial
areas. Mostly it happened in the background, and I just ended up making
those areas lighter than I might have otherwise. Also, in places where I
carved too deeply I ended up getting into hollow parts inside. But for that
size I really couldn't use planks, so it worked okay.
My brother is the one on the right. He has no idea that his image has been
sent all over the world. I hope he doesn't mind!
please count me in barbara
thanks
georga
Jeanne,
Your work is original art work and is automatically
protected by copyright laws even if unregistered. It
is protected even if the offending theft company is a
foreign company, as in Spain, because they are not
immune from breaking US federal law. Federal law hold
more weight than local or state law. In this case
international commerce law may even be an issue on
your side.
I once had a poster kyped by a foreign corp. I simply
had a copyright lawyer (specialist) write a demand to
the theft company to "immediately cease and desist",
that compensation is now a legal matter, AND that
"public notice" may be distributedto notify others
that the offending company has commited copyright
violations, especially if the matter is not settled
pronto. My result was very satisfatory. I obtained an
accounting of their sales records (often public), I
figured to cost of sales for each bogus reproduction
as if an original print sold from my own gallery and
was paid upon an agreement not to put an ad in the New
York Times etc.
This sound strong, but that's your right to protection
And, my advice is to not do this your self. If you go
to an attorney prepared with your letter draft, he can
edit and re-write a letter for $100.
Also there is a website called lawinfo.com or you can
check tie web on your state bar association for a
contact. If you don't have any money there are
pro-bono attorneys around.
I would not let this pass as you have become a target
and others may catch on. Or the offending company will
keep it up. Another thought is to go tot he fbi.gov
website and search copyright infringment procedures
and state in your letter that you will file a charge
with that federal agency as to the breach.
Hope you follow through.
Mary Ann
Mexico
I just descovered a very interesting artist Nikolai Getman. You might want
to google his name and look at the work he did about his 7 years in joe
stalin golag. His only crime was being present when another artist did a cartoon
of joe stalin. I think the paintings speak for themselves so I need not
say anymore.
john center
Hi all
Finally in the throes of organising the first exhibition for the new
gallery, feel free to have a peek at the invite for the first show.
http://www.vurtmedia.com/content/451/exhibitions.html
Any artist printmakers who like what they see and feel that they are ready
to exhibit will be welcome to make submissions. I'll have the call for
submissions, contracts and such up very shortly for you to peruse. I'll
also finalise the gallery 451 blurb so that you have some idea of what it
is all about and why it is a significant new gallery for Sydney.
Regards
Lawrence Finn
Gallery 451
Gallery 451, 118 Camden St, Newtown NSW 2042 Australia. Phone +61 02 9565 5931
Viewing by appointment only (except opening nights & Saturdays from
11:00am3:30pm)
www.vurtmedia.com/gallery451.html