Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Wednesday, July 23, 2025

What to do about artists who "rip off" or "pass off" your art?

ART: Copyright infringement Plagiarism Passing off

Over the last 20 years of writing this blog I've seen very many examples of artists ripping off other artists (or art societies) - or "passing off" other artists' work as their own - and I've written about this, sometimes at length. (see the reference section at the end)

Yesterday another example was sent to me - which is now "done and dusted" but was drawn to my attention and I thought was worth highlighting to you all. However I thought it might be more useful to put some context around it.

This post is about
  • WHAT IS "ripping off" or "passing off" in the context of art - examining definitions of:
    • forgery
    • imitation
    • passing off
  • WHAT HAPPENED in the latest example
  • TOP TIPS for what to do should artwork being copied happen to you or your friends.
[NOTE: This post has been amended since first published]

Who are artists who "rip-off" or "pass off"?


Sunday, February 23, 2025

Consultation on Copyright and Artificial Intelligence ENDS TUESDAY

I'm extremely late to this topic so this is a wakeup call for anybody else like me who did not realise this consultation on Copyright and Artificial Intelligence was happening

The consultation ends on Tuesday 25th February i.e. YOU HAVE TWO DAYS LEFT TO COMMENT. You have two days left if you have a view on how this might impact your career or your income. (I may update this post)
  • You can access the consultation here. Responses are by way of a survey of questions. (https://ipoconsultations.citizenspace.com/ipo/consultation-on-copyright-and-ai/)
    • respond to the questions in the survey
    • say how it would affect you
    • or send a letter saying what you want to say via an email
  • You can also submit your response by email to: copyrightconsultation@ipo.gov.uk
  • The deadline to respond is 11:59pm on Tuesday 25 February 2025.
Cover of the formal Consultation Document published by the Government
Copyright and Artificial Intelligence
Ref: ISBN 978-1-5286-5330-5, E03259461 12/24, CP 1205
PDF, 1.23 MB, 40 pages

The consultation arises because of what has been characterised as
pressure to amend the UK’s copyright laws to make it easier for predominantly American tech companies to train their AI models on other people’s creative work without permission, acknowledgment or payment. Creative industries are among the UK’s crown jewels – and AI is out to steal them | The Guardian
Below you can read about
  • what the government has said
  • how to respond - according to DACS and AOI
  • places where you can find out what others are saying
What I RECOMMEND YOU DO is read carefully the recommendations of how to respond from both 
  • DACS (a "not for profit" set up to maximise and collect copyright income) and the 
  • Association of Illustrators (AOI) 

What the Government has said

Tuesday, January 24, 2023

Social Media - Recommended Images Sizes in 2023

For all those using social media for their art - particularly those who use it for social media marketing - it's absolutely ESSENTIAL to know what are the best images sizes for use on the different platforms. 

It's simply NOT a case of one image fits all!

I always look out for the posts which provide this information on an annual basis and Hootsuite provides one of the best.

I HIGHLY RECOMMEND you read and bookmark/file Hootsuite's 2023 Social Media Image Sizes for All Networks [CHEATSHEET]  by Karin Olafson and Tony Tran - as I will be!
The most recent image size specifications for different social media networks, including Instagram, Twitter, Facebook, LinkedIn, and more.
It provides:
  • this quick summary image for different types of format and different platforms 
  • PLUS infographics with much more detail for individual platforms.
  • AND detailed written information and advice and tips for every type of image possible
As it highlights - and as I have found out from bitter experience over the years - trying to find the "best" image sizes for different uses is very far from easy. As they say.....
It doesn’t help that information about official dimensions and image sizes is harder to find than a civil discussion on politics on Facebook.

The post is comprehensive and provides the following

Their infographic images for every platform are excellent and provide detailed pixel sizes for every format on every platform.

Plus they provide lots of detailed written information - for each platform - about;
  • what size to upload - including recommended sizes and minimum sizes
  • what resolution to use
  • maximum file sizes
  • how different platforms will resize your image 
  • what image size will display
  • PLUS lots of additional tips for making your social media marketing more effective.
It's very much one of those articles which is worth printing off and pinning up next to your desk - or at the very least bookmarking for reference.

One cautionary note

Following the advent of AI, I'd caution it's even more important than it has been in the past to only post images of your artwork at a size you are comfortable with.

Plus ALWAYS keep the original of your image at its original size and filed away as a record of your art-marking. That way if you ever want to get into a "discussion" with somebody who has nabbed your image and used it for their own benefit outside the fair use / fair dealing copyright conventions then you have a basis for disputing that it was their image in the first place. 

For more about what to do in the event of copyright infringement - see my page What to do about Copyright Infringement - for Artists on my website Art Business Info for Artists

__________________________________________

NOTE: Hootsuite is a social media management platform which has been around for a long time in social media times. It was created by Ryan Holmes in 2008 and is based in Vancouver. It's commonly used to manage social media messages to multiple social media platforms. It's no surprise to me that it is now regarded as an industry leader and is used by 25 million customers! 
Hootsuite provides a suite of social media tools is built to simplify your marketing, accelerate your sales, and streamline your customer service

Wednesday, June 29, 2022

Apologies: yet more copyright infringing sites found


My apologies for break in posts again - but yet again I've uncovered more copyright infringement. Yesterday and today has been taken up with finding and reporting all the posts scraped from my website and posted on the following SCRAPER sites
:

  • realpaperworks.com
  • marciassilverspoon.net
  • marthafied.com
  • megabronze.com
  • paradiselongbeach.net
  • richelleart.com

Friday, June 17, 2022

https://richelleart.com/ is a content THIEF and I'm reporting all stolen posts to Google

I hesitate to publish anything on Making A Mark right now  as every single one of recent posts has been listed copied and stolen by the SCAMMER / THIEF website https://richelleart.com/

So I thought I'd given them something serious to post on their site. Like this post and the image (near bottom) of recent scam posts on their site which have been reported to Google

Hopefully Google is going to do its job properly - or I'll have to start listing every single blog post which has been stolen to date and send a very long list to Google.

NB Start here if you have similar problems

I've had to switch comments off and put the blog on a short feed. It looks as if the posts are being scraped - and this is one way of proving that they are.

A close relative is also seriously ill and frankly I can do without all this right now - which is not to suggest that I'm not keeping a very close activity on this thief - because I am.

This site is also copying post from:

  • ARTnews.com
  • Gurney Journey
  • and others
This is Google's Transparency Report about the number of Content delistings due to copyright. 
Copyright and Google Search

It is our policy to respond to clear and specific notices of alleged copyright infringement. The form of notice we specify in our web form is consistent with the Digital Millennium Copyright Act (DMCA) and provides a simple and efficient mechanism for copyright owners from countries/regions around the world. To initiate the process to delist content from Search results, a copyright owner who believes a URL points to infringing content sends us a takedown notice for that allegedly infringing material. When we receive a valid takedown notice, our teams carefully review it for completeness and check for other problems. If the notice is complete and we find no other issues, we delist the URL from Search results.
I'm in the report as an individual copyright owner who has successfully had copyright infringement of my content removed from the Google Index.

This is my latest set of requests



Friday, November 27, 2020

Is your artwork on the "National Wildlife & Nature Gallery" website?

It's been brought to my attention that there is a relatively new website about wildlife art - which appears to be infringing the copyright of leading wildlife artists (i.e. using their images without their permission.)

NOTE: This is now a success story - the website has been taken down. Read how below.

The (free) website of the National Wildlife & Nature Gallery

By the look of it this is a website put together by people who are 

EITHER wholly unaware of:
  • the legal rights of artists which they are trampling on 
  • the trouble they could get into if the website stays up and/or they actually manage to raise any funds!
in which case they need disabusing of the notions they have about what they can and cannot do.

OR are knowingly perpetrating a serious scam and abusing the copyright of several leading wildlife artists - who I can identify - as in cutting off copyright notices from images.

OR both i.e. trying to make money via fundraising and are ignorant of the proper processes  - which can get people into VERY serious trouble!

Whatever the background it's very clear that it contains a lot of images - on both the website and the twitter account - which have not been used with the permission of the artist. 

Plus there is no reasonable fair use exemption for their usage - particularly when fundraising is involved.

The National Wildlife & Nature Gallery website


You can find the website at https://www.nationalwildlifegallery.org/. It's on Wix

It states that it's 

The National Wildlife Gallery fund raising project and website.
We also promote wildlife art through our social media to raise awareness and funding to create a national gallery for wildlife and nature art, for future generations to see and enjoy.
There is also 
There are:
  • no names in "about us" 
  • no formal organization behind it
  • no plan of action
Some of the images have definitely NOT been provided with the artists' permission

Some of the images have had their copyright notices removed.

Some of the affected artists are very annoyed - and are taking action!

UPDATE: THE WEBSITE HAS BEEN TAKEN DOWN AND THE TWITTER ACCOUNT HAS BEEN CLOSED.
Harriet Mead, President of the Society of Wildlife Artists and I spent 2-3 hours yesterday afternoon chasing after this scam. 


Harriet and I both wrote to the owner and then she alerted the artists whose artwork she recognised and I wrote the blog post telling them how to report the abuse - and the website was taken down about 4 hours after we started.  Thanks too to all the artists who reported the scam to the relevant organisations (see below)

WARNING TO SCAMMERS: Do NOT mess with the copyright of wildlife artists!
We have ways of getting your websites taken down - by you or others!

Report abuse 


If YOU are an artist whose artwork is on the website without your permission you can report the abuse in one of two ways - neither of which involves the owner of the website.

Basically you need to do a formal "TAKEDOWN NOTICE". This means:
  • identifying who you are
  • the content which abuses your copyright - and the URL link it can be seen on
  • how you can establish that it is your original artwork i.e. provide the URL link to your website (or whatever) on which the image appears
  • stating that this image is owned by your and has been used without your permission.
  • asking them to take down the content as it abuses your copyright
The key thing to understand here is that both website hosts (eg Wix) and domain name registrars are 
  • ALSO RESPONSIBLE IN LAW for any copyright infringement and 
  • must act with expediency to make sure the content is taken down.
If a lot of people report content abuse, the chances are one or the other will remove the website.

Report to Wix

Wix has terms and conditions which indicate what you can and cannot do on their websites.

As an artist you can report an abuse of your copyright via Wix's  Abuse & Rights Infringement Reporting system

Report to the domain name registrar

This is the whois info for the domain name https://www.nationalwildlifegallery.org/


The domain name registrar is https://www.networksolutions.com/

They have a form for reporting abuse https://abuse.web.com/ - in terms of content being contained on a website which has no business being there.

Report copyright abuse to Google


You can also report the copyright infringement to Google - but as I found out recently Google is VERY SLOW! 

( Although the blog which copied mine has now been taken down and that URL will not not be available for future use! )

Learn more about copyright


My Art Business Info for Artists has a BIG section about Copyright for Artists.

This includes pages about 

The best way to create and support wildlife art

The very best way to support wildlife and nature and promote associated artwork is to 
  • work with existing REPUTABLE organisations and 
  • those who know what they are doing i.e. 
    • know what they can and cannot do
    • respect the copyright of wildlife artists
NEVER EVER give any money for wildlife or wildlife art to:
  • unknown organisations / individuals (note the website does not identify who they are by name)
  • any amateurish websites 

Tuesday, November 10, 2020

Reporting copyright infringement & impersonation to Google - MAJOR FAIL

For all those who wonder what happens when you report the infringement of copyright or impersonation of your website or blog to Google.....

  • The good news - Google reviewed my report
  • The bad news - Google has not done what it told me it had done

In short:

  • Earlier this year I found a blog which had lifted my blog posts wholesale - and then changed some of the words - and decorated the blog with Google Adsense adverts
  • I reported it to Google in April - but heard nothing
  • I reported it again in September with a LOT more detail. To do a report you file a formal copyright infringement report - providing a lot of detail
    • see https://support.google.com/legal/troubleshooter/1114905
    • see https://support.google.com/legal/troubleshooter/1114905#ts=1115645 (re infringement via Blogger)
  • you wait for a long time 
    • My first report was ignored. 
    • My second report was filed on 14 September; 
    • I received an email from the Google Blogger Support Team today (9th November 2020)
  • you get an email saying they agree with you - and the blog is now suspended and will no longer be viewable
  • you check the URL of the offending blog - and FIND THE BLOG STILL EXISTS!!
  • you email the Google Blogger Support Team saying you are very unimpressed and are now writing a blog post about it
  • you email the Google Blogger Support Team saying you want to pursue the money paid to the blogger who impersonated by blog

GOOGLE FAIL

Bottom line what looks good on the surface does not deliver in reality
We take inappropriate content seriously
If you see content on a Google product that you believe violates the law or your rights, let us know. We’ll review the material and consider blocking, limiting or removing access to it. Behaviours like phishing, violence or explicit content may also violate our product policies and qualify for removal from Google products. Before creating a request, try to flag the content in the relevant product.
In visual terms this is what the process looks like.......

Thursday, July 09, 2020

Home Is Where The Art Is: The Copyright Artists (series 2, Episode 3)

One of the nice aspects of Home Is Where The Art Is is the opportunity to see existing art in the homes of the client art collectors - especially when you've never seen their artwork before.

So this post is about the Copyright Artists - who also get a listing in the credits at the end (see Home Is Where The Art Is (Series 2) for more on the topic of TV credits for artists.)

Specifically it's about the artwork in the home of the art collectors in Episode 3 - who like art by northern artists. (I come from the North West - and spent seven years travelling in and out of Manchester by train to go to School - hence my interest)

I don't have a clue who the art collectors are - but they've got an impressive art collection in terms of the calibre of these northern artists. Some of whom have already had a mention on this blog



The Copyright Artists

The artists are - in alphabetical order:
  • Taro Chiezo
  • Reg Gardner
  • Russel Howarth (it's not mispelt)
  • Tony Noble
  • Emma Rogers
  • William Selby
  • Stuart Walton
All but one of them were born in the north and all still have some sort of connection with the north. Here's a bit about each of them. A link to their website (if they have one) is embedded in their name. Most have their work sold through art galleries.

Taro Chiezo (1962-present)

Taro Chiezo is a Japanese artist based in Manhattan.

Born in Tokyo, Japan in 1962, he studed art in New York.

His works include Super Lambanana, a sculpture in Liverpool, England. He's exhibited his work in solo and group exhibitions all over the world and his work is in several public collections.

A small version of the Super Lambanana was seen in the show.

Super Lambanana (1998)
 Painted Concrete
A replica of the 17ft (5.2m) high Superlambanana sculpture is to be created in Liverpool after six months of negotiations saw permission given.
The popular Merseyside artwork will then go on public display for the next 80 years.
The current version was limited to a 10-year display licence and will be handed back to its creator, Japanese artist Taro Chiezo. 
Superlambanana proved popular in Liverpool last year when the Go Superlambananas Parade saw 119 scaled-down models hit the city for 10 weeks in the summer and was hailed as one of the key highlights of the Capital of Culture celebrations. The models were eventually auctioned and raised £600,000 in one night for a Lord Mayor's Charity Appeal.  BBC Merseyside 2009 

Reg Gardner (1948-present)

Reg Gardner is a British Postwar & Contemporary painter. His artwork reflects the urban landscape of the North West, capturing the homely yet industrial feelings of Manchester and Stockport
  • born in Prestwich in 1948 to a working class family but spent his formative years in Ardwick.
  • age 12 he won his first art competition in the Manchester Evening News. 
  • At the age of 14 he won a scholarship to the HIgh School of Art in Manchester.
  • He has painted professionally since his first exhibition in the Colin Jellicoe Gallery in Manchester in 1969.
  • Between 1973 and 1980 he mounted several one-man shows in venues like Stockport Art Gallery, Rivington Great House, The Barbican and the National Theatre in London. 
  • He sells his work through art galleries.
  • His work also sells in auctions - consistently above mid-estimate
extract from Invaluable site re works sold at auction

Russel Howarth (1927-present)


Russel Howarth has perhaps been the most geographically dedicated painter in the north of England over the past century. His 70-year commitment of unwavering effort to draw and paint the Saddleworth area of Oldham must be regarded as a great artistic compulsion.
Examples of work by Russell Howarth at the Castlegate House Gallery - who have sold a lot of his work
  • 1927 - born on 28 May 1927 in Glodwick, Oldham
  • 1937 - moved to Waterhead, Oldham - in a house he has lived in ever since, living with his parents until they died in 1975
  • 1941 - left school (age 14) and became an apprentice toolmaker 
  • studied at night school to achieve various qualifications and skills. 
  • after the war began working for Platt Brothers, a huge textile machinery manufacturer in Werneth. His draftsmanship and technical skills meant he worked in the drawing office
  • late 1940s Russel took some evening watercolour classes
  • began painting scenes of Saddleworth after work and at the weekends (he never married)
  • 1951 joined The Saddleworth Group of Artists
  • 1961 - became a member of the Saddleworth group of Artists
  • 1980 - retired from being an engineer
  • He also taught pottery for 30 years until..... 
  • 1992 - retired age 65.
  • 2017 Russel Howarth - Saddleworth in a Lifetime - Retrospective Exhibition - Saddleworth Museum and Gallery - 7th April - 8th May 2017
  • He's still painting.....
His subject is the rugged landscape of The Pennines in general and Saddleworth in particular - for 70+ years. His artwork is painted in oils on boards - in very muted tones - using predominantly earth colours. Like LS Lowry, he maintained a full time job and painted in evenings and at weekends

For thirty years he taught art part time, and exhibited his own work with various one man shows and at numerous exhibitions, including the Royal Society of British Artists, Uppermill Gallery and Tib Lane Gallery, Manchester.

His work is now increasingly sought after.

There's an excellent account of his life in an article about him for his retrospective exhibition in 2017

I was very impressed with this painter - which is slightly odd as I usually like more colour in paintings. However his compositions are fabulous and he draws you into the landscape. I'm not of the Pennines but I know them well enough to know that he is capturing them perfectly. He may be older than my mother but his work has a contemporary edge - perhaps because of skills as a draughtsman?


Tony Noble

Tony Noble is an artist living & working in Batley, West Yorkshire. He graduated with a BA (Hons) in fine art from Loughborough College of Art. He used to work as a primary school teacher but has been a full time professional artist since 2008. 

He has an EXTREMELY impressive track record of exhibiting in national open exhibitions and art competitions - I've seen few as good - including The Royal Academy Summer Exhibition (2015, 2016, 2019) ; The John Moores Painting Prize Exhibition(2014); The BP Portrait Award Exhibition, The National Portrait Gallery (2008, 2010, 2011, 2012, 2013); The Royal Society of Portrait Painters Exhibition (2010, 2011, 2012, 2013); The ING Discerning Eye Exhibition (2010 (winner of The Meynell Fenton Prize), 2011, 2013, 2014); The Lynn Painter-Stainers Prize Exhibition, (2013, 2019); The Ruth Borchard Self-Portrait Exhibition, ( 2011); The Sunday Times Watercolour Competition (2009, 2010, 2019) and The Royal Society of British Artists Exhibition (2011).

The couple in the episode had a LOT of this artists paintings

When I like a painter's work I always look back to see if I have identified him before as producing good work - and lo and behold there he was

Monday, February 10, 2020

How Banksy retains control

There is an absolutely fascinating article in the New York Times - Banksy Is a Control Freak. But He Can’t Control His Legacy - which unpicks the business model Banksy uses to remain in control of his brand.

I HIGHLY RECOMMEND artists read it as it's a very useful way of demonstrating ways in which artists can retain control over the copyright of their own artwork if marketing and selling direct to the public.
Banksy’s rise and rise is the result of years of meticulous control of his message, his market and, most importantly, his mystique.
Below I've attempted to summarise what actions Banksy has taken to control the market for his artwork - including:
  • Pest Control
  • Gross Domestic Product
  • Bbay
It looks simpler than it is - and a lot of it is entirely to do with how the law works.

BANKSY COPYRIGHT CONTROL: In summary.....


In summary, he has created a wonderful system for keeping scams and fraud under control
(i.e. avoiding the awful Andy Warhol problem)

Gross Domestic Product - the website and shop created to regulate rip-offs of Banksy's Trademark.

Sale of originals


Banksy has no gallery representing him. Instead, he sells NEW original works for million dollar multiples to selected private collectors.

These sales help fund his big projects - which keep his "name in the frame".

Trade Mark without Text


This is the formal documentation of his trademark.

Subsequently he was challenged in court - which led to various developments described below.

Tuesday, July 26, 2016

Plagiarism: Major corporates vs Indie Artists

I've spotted another case of what appears to be gross plagiarism of work by an indie artist.

This one has now made it to Bored Panda - see Zara Accused Of Stealing Designs From Independent Artists, And Here’s The Evidence so it'll be viral in no time at all (13k views in 22 hours!)
  • Do please share with any illustrators and designers you know who post their work online. 
  • They might also like to check out the Zara website for work which shares an amazing similarity to their own.
Below is the image featuring on the shoparttheft.com website page which highlights the various concerns. It invites designers to go to shoparttheft.tumblr.com to submit comparison photos and links so independent artists can be supported.
Image created to demonstrate the nature of alleged plagiarism
Once is a mistake. This many times is inexcusable. Global fashion retailer Zara appears to have stolen dozens of artworks from over 20 independent illustrators, designers, and brands including Tuesday Bassen (whose particularly awful case has gone viral) and Adam J. Kurtz (that's me). Help us hold the company accountable to directly address this glaring intellectual property infringement and fairly compensate these artists.Shoparttheft.com


The big mistake Zara made was implying that they are so big and have so many visitors that they can ignore a few complaints
The thing they forget is that

  • there are an awful lot of indie artists who have an awful lot of indie artists friends 
  • the internet is awfully good for highlighting matters of concern to indie artists around plagiarism 
.....and I'm pleased to highlight their concerns!


Who are these designers?

  • Tuesday Bassen is an award-winning Illustrator and the force behind Shop Tuesday. She creates designs for pins and patches, clothing and home goods. She lives in Los Angeles. Clients include The New Yorker.
  • Adam J. Kurtz is a Brooklyn-based artist and author whose first book, 1 Page at a Time: A Daily Creative Companion has been translated into fifteen languages. He says his design and illustration is rooted in honesty, humor and a little darkness.

More examples of plagiarism highlighted on this blog


Long time readers of this blog will recall I like to highlight blatant examples of plagiarism. Past cases and posts include the following

Luc Tuymans - the famous Belgian painter


The prominent Belgian painter Luc Tuymans was found guilty of plagiarism by a Belgian Court in 2015.

Plagiarise at your peril - the Luc Tuymans case (Jan 25, 2015) examines:
  • the facts and reporting of the case
  • the copying of photographs by artists; and 
  • the use of 'parody' as an exception from the law on copyright in the European Union
  • the importance of country in relation to copyright
  • a key issue relating to freedom of expression and appropriation art
There are a number of examples of major artists thinking that the law on copyright does not apply to them. Tuymans is just one of them.

This post earlier in 2016 highlights Copyright infringement - recent lawsuits involving artists which includes
  • Litigant Mitchel Gray vs Jeff Koons
  • Litigant Donald Graham vs Richard Prince and the Gagosian Gallery
  • Litigant Ally Burguieres vs Taylor Swift
  • Litigant: The FBI (re. Kungfu Panda and Dreamworks) vs Jayme Gordon
  • PLUS Associations of lawyers specialising in intellectual property
This week I came across a different approach to copyright infringement on an artist's website. The message on the website didn't look to dissimilar to those you see on many websites with respect to who to contact if you want to reproduce the art. What was different was that the link went straight to a firm of lawyers in the USA who specialised in copyright and trademark infringement. Suddenly one knew that this particular artist meant business - in the literal sense.

The American Watercolour Society Controversy


One that should be read by all art societies and organisers of art competitions awarding prizes to hyper-realistic paintings!

The posts included:
I think it's a very great shame that Mark E Mehaffey AWS doesn't get to include AWS 'Gold Medal Winner' in his resume.

Is copyright infringement always clear cut? Lisa Congdon vs Cody Foster and various photographers


Are stories of copyright infringement as clear cut as they appear? This episode had two stages.

Plagiarism online - more posts

Plagiarism comes up on a regular basis on this blog. Here are some key posts I've written.
  • Plagiarism or 'passing off' - it's got to stop - this is a very long post which relates essentially to principles relating to plagiarism and derivatives. The post has been revised since first published for the reasons stated in the introduction to the revised post. The original post - and the revised version - were prompted by the daily painting movement and "Duane Derivatives". This post got a lot of visitors and an awful lot of comments. It includes definitions of both plagiarism and derivative art.It invites readers to have a discussion - with an educational intent - about what is and is not OK in relation to copying, plagiarism, imitation and derivative art.
  • Make your own art! - This followed on from the above. It focuses on why original art is best and why every artist has it in them to be a complete original. 
  • If you don't want your artwork stolen..... - Artists can learn a lot about how to handle copyright issues from photographers.
  • Plagiarism on Facebook - This is about people who claim other people's artwork as their own - and highlights a case study of an example on Facebook. This is not uncommon. It's an issue which every Moderator of a Facebook Group needs to be aware of - and MUST take prompt action when it is highlighted with proof.  This post focuses on:
    • Why do people copy other people's images?
    • How can you tell if somebody is copying?
    • What should you do if you see somebody copying?

More about Copyright for Artists


I recently had an article published in the June edition of The Artist magazine in the UK about How to protect your art online.

Extract from my Article about How to protect your art online

I don't profess to be an expert however I have been following cases and looking for expert information and advice online for the last decade or so.

My website Art Business Info. for Artists has a section all about Copyright for Artists which provides a reference of information available online about copyright, trademarks and brands for artists. Specifically:
Other blogs posts include

Copyright & Pinterest


Plus a major initiative on my part when Pinterest created the functionality for blatant copyright infringements

Friday, April 29, 2016

How to protect your art online

My fifth article for in the series of "Cost effective ideas for artists" is all about how to protect your art online.

It emphasises all the things you can and should do to protect your art online at no expense to you - other than time spent on sensible measures and responses.

You can find this article on page 66 (the page facing the inside back page) - of The Artist Magazine. This one is in the June 2016 edition.  Other articles are on the same page in previous editions - and the series continues until October!


This article provides an overview and summary for artists of :
  • Facts about copyright
  • How to prevent problems with copyright infringement
  • How to find infringements online
  • What to do if you art is copied in terms of:
    • best use of your time
    • ways to approach those who copy
    • how to get a very fast response and get your art taken down without any expense or resorting to lawyers.
The one page article provides a really useful checklist for filing in case you have any problems. You can then get it out if and when you want to avoid problems or resolve issues!

For those wanting to look in more depth at copyright issues you can find more information on in the Copyright section of my website Art Business Info.
This site provides a reference about copyright, trademarks and brands for artists. Specifically:
You can buy 'The Artist' at all good newsagents in the UK. However you can also subscribe and read it online as a digital magazine.

There's lots of other great content of interest to many artists!

Tuesday, January 05, 2016

Copyright infringement - recent lawsuits involving artists

This week I came across a different approach to copyright infringement on an artist's website.

The message on the website didn't look to dissimilar to those you see on many websites with respect to who to contact if you want to reproduce the art.  What was different was that the link went straight to a firm of lawyers in the USA who specialised in copyright and trademark infringement. Suddenly one new that this particular artist meant business - in the literal sense.

Every so often I sit down and look to see what's emerged on the Internet with respect to copyright. This post identifies some useful articles about recent copyright infringements - plus how to find a lawyer who specialises in this type of law!

I'll be adding summaries of these cases to my new website. Much of what I have written previously about copyright and other useful articles can be found on the Copyright for Artists page on my new website Art Business Info. for Artists.

Copyright Infringement and Lawsuits involving Artists


There seem to be more and more prosecutions related to artists copying artists. This last month there have been four involving well known names.

It's interesting to read articles about the lawsuits relating to copyright infringement as these tend to reflect the current state of the marketplace and the legal world when it comes to what is considered a worthwhile case to fight.

Plus the outcomes for those who go to law - and get it wrong!

Litigant Mitchel Gray vs Jeff Koons

A lawsuit was filed in December 2015 on behalf of photographer Mitchel Gray.

It alleges that Jeff Koons used a New York photographer's commercial photo taken in 1986 for an advertisement in two editions and anArtists's Proof of I Could Go For Something Gordon’s (1986) without permission or compensation. Koons has a significant history in terms of copyright infringement litigation.

The auction house Phillips is also being sued because it handled the sale of the Artist's Proof in 2008 for $2.08 million.

Litigant Donald Graham vs Richard Prince and the Gagosian Gallery




The internationally renowned photographer Donald Graham is suing Richard Prince (who has previously been sued by photographers) for copyright infringement. The claim is that he reproduced his photo without seeking permission. It's not as if it was difficult to find out how to contact Mr Graham.

the contact page on Donald Graham's website
The most recent article in ArtNew News has three experts opining as to why this is a more significant case than the Cariou vs. Prince case. Indications are that relevant matters will relate to:

Sunday, July 26, 2015

How to complain about a copyright infringement on LinkedIn

This post is about what to do about copyright infringements on LinkedIn.

I've just made my first formal complaint of copyright infringement to LinkedIn re the reproduction of the Art Business Page on my blog as a PULSE article on LinkedIn. [Update: this link now generates a 'Sorry this article is no longer available']

The "author" decided to:
  • give it an absolutely crap headline (obviously produced by a scraper bot
  • delete any reference to the name of my blog or me - or the copyright statements which are very clear in the side column or bottom of my blog.

How to complain about a copyright infringement on LinkedIn


First - tell it like it is!
The first thing I did was leave a comment on the offending article (see above)

Information about Copyright


This is the page which tells us about the LinkedIn Copyright Policy. To my mind it fails to take demonstrate very clearly that the company understands in full the conditions of the 'safe harbor' provisions of the Digital Millennium Copyright Act.

Bottom line it MUST....
upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

Notification Forms


It also provides links to the relevant forms:

You can submit your form electronically Fill out our online submission form to contact the LinkedIn Copyright Agent

Queries


I have to say I'm very surprised and puzzled by:

  • LinkedIn's Copyright Policy - To my mind - and I've reviewed a lot of these statements in the past - their policy seems to ignore the fact that websites which publish material which infringes copyright do NOT enjoy 'safe harbor' protection and protection from liability UNLESS they take action to remove it ASAP.  This needs to be made clear to members. They can send the notice I've sent them to the author if they choose - but action by LinkedIn should definitely not be dependent on his response. They have enough information (i.e. two pdf files which reproduce in full the page on my blog and the article on Pulse) to act on their own account without any reference to the author at all.
  • LinkedIn's Quality Assurance Policy for Pulse articles - Frankly if you are running a network for professionals I expect a professional and high quality approach to the quality assurance of articles published by Pulse. It clearly isn't hitting the standards it needs to if it can publish an article with a nonsensical title which appears to be the product of some sort of scraper bot.


Consequences


I have indicated to LinkedIn that I shall also be reporting the Pulse article to Google - and I'll be doing that today as frankly their statement re. copyright does not lead me to think they are going to act promptly.

I've certainly found on previous occasions that the fastest way to get material removed from being indexed by Google is to make the copyright infringement report to Google rather than the plagiariser. (I've now reported the infringement using this copyright infringement form which relates to Blogger)

Today I'm going to introduce a footer to all my blog posts which will indicate that all text and images are copyright to me or the artists or photographers.

UPDATE


It worked! The content has been removed by LinkedIn!  By the time Google got round to looking for it to remove from their index it had disappeared - as confirmed by the second nice email from Google confirming it's no longer available or in their index.....
"Hello,Thanks for reaching out to us.Upon recent review of the following URL(s), we were unable to locate the content in question:http://www.linkedin.com/.../resources-artists-how-insure...If you believe this is in error and are still able to see the content at the URL(s) in question, please reply with additional information so we are able to investigate. If there was a mistake and the content is available at a different URL, please file a new report at support.google.com/legal.
Regards,The Google Team"

Copyright for Artists


For more about copyright for artists - and information I've accumulated over the years - please see my section about Copyright for Artists on Art Business Info. for Artists.  It contains links to:

Wednesday, February 04, 2015

Plagiarism on Facebook

This is about people who claim other people's artwork as their own - and highlights a case study of an example on Facebook.

A couple of days ago I was sent this message.
This is probably a strange/annoying message, but anyway here goes. I have a friend on Facebook who has set up an artists page, no harm there, however, I have a really good visual memory and I noticed that some of the images she was claiming as her work were from other artists. I reverse searched some more of her images and it turns out loads of them are lifted from other places. It seems an odd thing to do, and I should probably unfriend her, have you come across this kind of thing?
I've heard about this before but not actually seen it so I asked for more details and was sent some links to several examples of the copying

Here's just one of the posts by the "Facebook friend" (whose name I have removed) who's purporting to be 'playing about with watercolour in the garden'

A post by a plagiarist on Facebook
However she is actually "busted" because.....

.....here's the original watercolour painted by Paul Wang, in Singapore, and posted to Flickr. I was pretty sure it was one of Paul's before I found his page as he has a very distinctive and attractive style of painting in watercolour.

Paul Wang - Sketching Georgetown Penang
2nd sketch for the day. So glad to be attending this sketching event organized by the USK Penang sketchers
Copyright Paul Wang - all rights reserved
One of the problems with Flickr is it makes your images available to others unless you adjust your settings. On the whole, if you're minded to be sociable with your images - and share them - the chances are that they may well be stolen.

Although not everybody who steals claims to have painted them!

I also found the image again on Tumblr and on what I think is a spanish site (twice) with different "motivational" messages  in Spanish - one translates as
spotted with colors and scratches, what our mind is without color and shape

Why do people copy other people's images?


I have no idea what makes people claim other people's art as their own and think they can get away with it.

I can only guess the inclination to steal and dissemble is related to:

Sunday, January 25, 2015

Plagiarise at your peril - the Luc Tuymans case

Luc Tuymans was found guilty of plagiarism by a Belgian Court last week. This post examines:
  • the facts and reporting of the case
  • the copying of photographs by artists; and 
  • the use of 'parody' as an exception from the law on copyright in the European Union
  • the importance of country in relation to copyright
  • a key issue relating to freedom of expression and appropriation art; and 
  • an upcoming exhibition by Luc Tuymans in London.

The Tuymans Case 


the article in a Belgian newspaper
De Morgen about the case

Luc Tuymens has been found guilty of plagiarism. 

The Belgian painter is prominent in the contemporary art world (Tate, MOMADavid Zwirmer). He was taken to court by a female photographer Katrijn Van Giel.
  • He had very clearly used her 2010 photograph of politician Jean-Marie Dedecker as a reference for a painting completed in 2011 - A Belgian Politician (2011) - without her consent and without a licence.
  • He lost his case at the civil court in Antwerp. 
  • The Belgian daily, De Morgen, reports that a fine of €500,000 (£384,000 / $580,000) was identified. What's not entirely clear (translation issues!) is whether this relates to any more ‘reproductions’ of Van Giel’s work or whether it relates to whether and where the painting can be exhibited and, consequently, the legal and geographical boundaries of this judgement.  
  • I don't know what sort of award if any award was made to Ms van Giel for the infringement of her copyright. My understanding is that the current state of play is that there is to be a further ruling on whether Tuymans owes Van Giel damages for the plagiarism.  I understand she was asking for an award of $50,000 damages.
  • The painting in question was bought by the American art collector Eric Lefkofsky and can now only be seen online within the context of the many news reports of this case.
  • An appeal against the decision is planned by the artist according to newspaper reports.

Coverage in the press


There have been quite a few articles as a result - but I think some of them are missing the point.
Her lawyer, Dieter Delarue, said that after she discovered the portrait in a catalog she tried for more than a year to discuss it with the artist, who never responded to letters. “When you are a movie producer, if you want to make something based on a book, you contact the author,” Mr. Delarue said. “It’s not so difficult. All artists do that except that Mr. Tuymans feels that this five-minute phone call somehow limits his freedom of expression.” New York Times
The court furthermore considered that Tuymans in bad faith had acted as he himself had stated earlier that the photo of Van Giel was a strong image, which he did not have to change much on. De Morgen
This is the article in the specialist plagiarism blog PlagiarismTodayArtist Luc Tuymans Loses Plagiarism Case, Raises Questions

The overall conclusion is that
  • Tuymans clearly used the photograph but did not have permission to do so - and would not enter into any dialogue with the photographer
  • the court was very clear that his legal argument of 'parody' had no merit, 
  • not all commentators agree with the court - but might well be arguing from an artistic perspective rather than a legal one
  • this case might not be over - there is to be an appeal
  • It might come to represent important case law for other photographers in the EU taking similar action in similar circumstances.

An invitation for other photographers to inspect his back catalogue?


To my mind, the decision in this case in effect calls into question a considerable body of work created from an unlicensed use of a photograph - by Tuymans AND OTHERS.