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  Photography Forum: Philosophy Of Photography Forum: 
  Q. Stolen Photo images by ARTIST, not photographer.

Asked by Chuck Freeman    (K=13616) on 6/3/2006 
I have never had one of my almost 900 images stolen that I know of off internet. I HAVE HAD A artist ( and a good one) TO TAKE A DIGITAL PHOTO OF MY PHOTO HANGING IN THE LOCAL EXHIBIT, AND THEN MAKE HER ALMOST EXACT INTERPRETATION of my photo. She won several awards for her painting, but never once did she tell anyone that she had "stolen" image from my original photo.
I live in a small town where this artist is revered and I did not make a big fuss about it. But I did call her and she was rather rude , telling me that she did this sort of thing all the time. No apology, no credits to me. I asked her not to do it again.
I then notified the guild that she belonged to not to use my images before consulting me first. They agreed.
Has anyone else had this to happen to them. Just for record, the said artist sold the image of "MISS FANNIE: AGE 107 YEARS for over $10, 000. As I said she is a great artist, w/out ethics.


    


Phillip Cohen
 Phillip Cohen  Donor  (K=10561) - Comment Date 6/4/2006
Chuck,

Obviously she has no class either. If I had ripped you off and sold it for 10K I would have at least thanked you! ;)

Seriously though, hard to prove as it is, you can sue for copyright infringement. Others have sued for less and won. But then again, life is too short. Why not go to the gallery and take some nice pictures of her work and then sell them for cheap. ;=) A little poetic justice. Karma will have its way in the end, so not to worry.

Phil





 Miles Herbert   (K=1947) - Comment Date 6/5/2006
It is fairly normal over here for nature photographers to be approached by an artist looking to copy or use a photo to base a painting on... It is also usual for the said artist to pay a fee for this. I was recently approached by someone wanting to copy an image, they bought a 24 x 16 rolled print at full price, asked my permission to use it as the basis of a painting, and agreed to give me 5% commission on any sales fom this painting/prints in the future.





 Bad Site   (K=979) - Comment Date 6/24/2006
Sue her. Art Rogers, a California photographer, was ripped off the same way by Jeff Koons, a New York artist, and won. Do a google search for koons vs. rogers. BTW, the photographer won this one but Koons has won some other similar fair use copyright cases. Depends on the court I guess. Send the painter a copy of the koons vs rogers case and see what she does.





 Chuck Freeman   (K=13616) - Comment Date 6/25/2006
I will keep this ijn mind. I know it is possible to win these kind of cases. I do not think that she will try again.
Chuck Freeman





 Stan Pustylnik   (K=6768) - Comment Date 7/31/2006
Chuck, most important and most valuable what any of us has is IDEA. As soon as you make this unique idea (photo) available to public (web, magazine, post card) someone will be always able to do "his one" version. I don't care much because, I don't make living with it. Of course will be good to have credit from use...

http://www.usefilm.com/Image.asp?ID=836402





 Steve Kaufman   (K=2748) - Comment Date 8/5/2006
Chuck if she's selling an art reproduction of one of your photos, it is a copyright infringement. To sue, you'd have to go to a federal court dealing with copyright, not always an easy option. You can easily find a copy of parts of the Copyright law, and print it and give it to the offending individual. If she has other paintings that are also copyright violations, you can also make things more difficult for her, by showing the galleries where she exhibits copies of the copyright law, and informing them that they are exhibiting work that violates copyright. I've had several copyright violations of my photos, and I've generally been able to collect fees from the offending parties without going to court. Once they realize that you are correct, they generally will want to make compensation. If the person still doesn't understand the problems of copying your work, suggest to her that you could do the same thing with her work, and sell photographic prints of her paintings. Generally that will get it through to them that something isn't right about copying someone else's work. Good Luck!





 Chuck Freeman   (K=13616) - Comment Date 8/5/2006
Hi Steve:
I did have a "chat with this artist" and itwas civil. I also, called the art guild to which this lady belongs and ask them and told them, not to copy any more of my work or anyone's eles work.
Thanks again
Chuck



Please open the door for me -Kind Sir! 2006



James Lee
 James Lee   (K=86) - Comment Date 8/29/2006
You shouldn't let he get away with this. It's not about the money. It's about the principle of the thing. Artists like that need to learn that it is not right to steal from others. Maybe she will start making images of her own creation instead of "tracing" anothers.




Rashed Abdulla
 Rashed Abdulla  Donor  (K=163889) - Comment Date 9/4/2006
Do you want to tell me that where you are there is no law and order?

Every one can take what’s not belonged to him and sell it and get paid for it?
This is very strange and this lady should not be left doing all that, what matters if she is famous or not?

Oh I would be so scared to live in a world like that ((((





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