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08/31/2023 12:15:01 PM · #1 |
Hey all,
Here's another one for you. I'm trying to sell my work at weekend art shows. This past weekend, Jeff came back to my booth with a photo. Someone had painted a copy of one of my photos and was selling it at her booth.
I asked him to go back and ask if she painted from photographs. And she freely admitted to finding things on the web and painting them. Long story short - the committee putting on the art show had her remove the painting. But she still sees nothing wrong with what she's done. The painting is still advertised on her facebook page, the gallery at which she's selling her work, etc. Plus she does the same shows that I do.
Anyone have to deal with this type of thing before? I just want her to stop selling it and to take it off the web. She shouldn't be profiting from my work.
(I thought about sicking Art on her)
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08/31/2023 12:48:29 PM · #2 |
| Wendy, I'm probably not the most knowledgeable on this, but seems like a gray area to me. The painting may well be based on your photo, but derivative or interpretive works are normally allowed if they are transformed to a great enough degree. The Supreme Court did just rule against the estate of Andy Warhol on a case involving this type of photographic misappropriation; not sure what effect that ruling has on the legality of "artistic interpretations" of others' work. |
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08/31/2023 12:51:48 PM · #3 |
I'm with Fritz. Also not an expert, but artists creating art using other artist's works as inspiration has been going on since cave paintings.
Perhaps it would be better to make friends and get free publicity from it. Ask if she would mention your images in her notes, and/or include a link to your site. She's not going to stop doing this because the likelihood of you prevailing legally is quite remote. And expensive. |
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08/31/2023 01:24:58 PM · #4 |
I concur that this may be a difficult situation and getting some publicity from her may be the better option.
There is someone in a lighthouses group on FB that uses posted photos for inspiration and this one was too close to my photo to have been a coincidence. I would have been happier if he had asked first and given me credit, but I didn't make a big deal out of it. But I am not trying to earn an income from my photography.
 
Hypothetically, someone could have decided to purchase his painting instead of your photograph. Hard to prove any damages however, and probably not worth the expense and time.
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08/31/2023 01:33:26 PM · #5 |
Originally posted by kirbic:
Wendy, I'm probably not the most knowledgeable on this, but seems like a gray area to me. The painting may well be based on your photo, but derivative or interpretive works are normally allowed if they are transformed to a great enough degree. The Supreme Court did just rule against the estate of Andy Warhol on a case involving this type of photographic misappropriation; not sure what effect that ruling has on the legality of "artistic interpretations" of others' work. |
That's just it. There are no changes to it. Even down to highlights on the tips of the two head feathers caused by backlighting. The committee at the show had to point out to her that everything was copied and that she made no changes. And they took time to explain to her that she needs to make a change if she's claiming she used it as inspiration. But she's not even claiming that. She admitted to them and to Jeff that she copied it off the internet. And she's continuing to sell it at the same shows that I'm at.
Message edited by author 2023-08-31 13:34:45. |
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08/31/2023 01:43:13 PM · #6 |
Originally posted by Yo_Spiff:
... and probably not worth the expense and time. |
If your photo was registered with the US Copyright Office prior to her making the copy then the potential (statutory) damages could be $250,000 -- I don't think you'd need to prove damages in that case. Copyright protection includes the right to make derivative works, and it's more of a problem the more easily the new work could be "mistaken" for the original.
However, working out a deal is probably a better option -- perhaps offer her a license for whatever amount you think appropriate (at least what you'd sell a comparable print!) and refer her to the Copyright Office to read up on it ...
ETA: Most states allow you to sue for up to $5-10,000 in "small claims court" where neither side has (in some cases is not allowed to have) a lawyer. Check out these resources from Nolo Press ... they also have books on copyright and such. If you don't want to buy many libraries have Nolo books in their collections.
Message edited by author 2023-08-31 13:50:38. |
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09/01/2023 03:46:21 PM · #7 |
You could probably sue her in small claims court for any revenues she did or would make from it.
Take screenshots first of online ads for the image.
If it's abundanltly clear she's stolen it, you may very well win.
If nothing else, maybe if the judge explains to her that ain't cool, she'll put a little more weight behind the admonition.
If you could get a statement from the committee that what she was doing is wrong, it just makes it worse for her.
BUT......all that said, how offended are you?
One of my best images, from every area it's been seen is shamelessly stolen and shared on local FB pages.
It totally chaps my cheeks, but I don't want to be the guy who sues everyone for "Just sharing something already posted on FB." never mind that whole rudeness and copyright infringement thing.
Sometimes, people just suck.
Just as an aside, a shot I had on DPC was "stolen" and someone blew it up and gave it to the iconic Greenwich Village restaurant the inmage is of where it's prominently displayed front and center on the wall of their banquet room.
I'm STILL trying to be mortally offended by that, but the situation is so freakin' cool that I can't be! LOL!
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09/01/2023 08:09:35 PM · #8 |
It’s not that I’m offended. It’s that she’s selling it at the same shows I do. She was 5 booths down from me. She’s enters the same gallery shows. And will be at the same upcoming shows I am.
I don’t care about the past. It just doesn’t seem right to have her selling my work at future shows that I’m also in. |
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09/01/2023 08:17:12 PM · #9 |
My advice would be to try to find some way to turn lemons into lemonade.
I'd probably try to talk with her and offer to do a paired showing, if she would agree to share some of the revenue and work with you in the future ahead of time, instead of going for forgiveness over permission.
And if she doesn't agree? Well, then I'd likely actually take her to small claims, citing the Warhol decision as precedent. |
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09/01/2023 11:17:53 PM · #10 |
Originally posted by vawendy:
It’s not that I’m offended. It’s that she’s selling it at the same shows I do. She was 5 booths down from me. She’s enters the same gallery shows. And will be at the same upcoming shows I am.
I don’t care about the past. It just doesn’t seem right to have her selling my work at future shows that I’m also in. |
I agree it's uncomfortable. But in addition to the points others have made, here are a couple more things to think about. In my experience, 1) It's doubtful that her paintings compete with your photographs. Some people prefer traditional media, some people prefer a photograph. 2) Should someone other than you be "bothered" by the fact that one piece of art at a show is a copy of another piece of art at the same show, it's clear which is the copy. You clearly did not take a photograph of her painting. |
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09/05/2023 02:15:16 AM · #11 |
Originally posted by vawendy:
(I thought about sicking Art on her) |
I've read the whole thread and you were wise to come to me. Don't worry, I'll make it look like an accidental mass conflagration and they'll blame global warming. |
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