Another Copier Caught

Lee Saxon Hay February 1, 2013 at 5:35pm

I never get why people do that..Yes do something like someone else for inspiration if you want to, but make it evolve into something different and make it yours..

Alison Thomas January 31, 2013 at 6:39am

I'm getting ready to do copyrights on my more recent work. I have to find the link again but it was really easy. I did a whole group of photos all at once and I think it cost $35. From what I understand, the work is copyrighted as soon as you create it but if you do not register it you will have a hard time collecting anything on it. If it is registered you have a much simpler process to collect damages.

Vivian Leflore Mora > Alison Thomas January 31, 2013 at 1:29pm

Alison, you are correct. With the incident I had last year, the lawyer I worked with stated that I had taken the right steps. I register my work as a collection by the year. I create a "catalog" and register it with the U.S. Copyright Office for $30. This would have allowed me to seek damages that would not have been possible had I merely counted on the inherent copyright on original creations. I did not seek damages, i just wanted her to stop. The lawyer issued a cease and desist order with the requirement that the copied artwork be destroyed and evidence provided of the destruction. We also required that any and all images be removed from any public display. The copier had to sign the order acknowledging that all requirements had been met. The letter indicated that any future violations would be willful and result in full pursuit of damages as if the current agreement was not in effect.

I would advise all artists to register their work and pursue anyone who violates the copyright. A few prominent cases may not make it disappear altogether but it should at least minimize the infringements.
- Lee Saxon Hay > Vivian Leflore Mora February 1, 2013 at 5:52pm
  
  Great post Vivian,
  
  We are also looking into the copyright deal..Not to say we think we'll be copied but as our online presence builds there's ample opportunity for people to steal. Sorry to hear you were affected by such a douche bag.
- Elle Heiligenstein > Vivian Leflore Mora January 31, 2013 at 1:56pm
  
  That is great to know, Vivian. I am going to catalog my 2012 work with the US Copyright office and start working on getting the 2013 catalog going. Thanks for the info!!!!

Elle Heiligenstein January 31, 2013 at 1:14am

Good question, Deborah. My best friend is an attorney and I will ask her that. I would think that if it was a copied work that was sold there could be civil and possibly criminal action taken. As soon as I talk to her I will post her answer.

Jacki Bilsborrow January 29, 2013 at 9:08pm

Very interesting. I was also surprised that the artists in the article whose work he copied were so forgiving of him. He better be careful. Next time the artists may not be so forgiving.

deborah potash brodie > Jacki Bilsborrow January 31, 2013 at 12:45am

Last year we were at a one day festival in Chicago. This retired gentleman came over - admiring -- and said out loud and proudly - I'm going to copy your designs. I think I turned ashen. You can't do that - they all hold a copyright, I said. He returned the conversation saying, My work isn't as good as yours. I was stomped. And then he said - And anyways, I live in Arizona - that's really far from Chicago - so it's ok that I copy.

We have a website. We hand out postcards with the designs on them. And we can't police everyone. But I did come back to say, It's a federal offense to copy someone else's work -- you can go to jail for that and lose your home and retirement. You don't want to take that kind of risk and end up with nothing.

I hope he thought about it.

But how does one stop someone from copying and if one finds out that someone has copied a design - what can be done without going bankrupt to stop that person?

Elle Heiligenstein January 29, 2013 at 4:43pm

Hey, Vivian...Thank you for the compliments! I am glad you did not pull back and kept creating unique and might I add beautiful work. I need to set the date and get the photos up on my site, you are right, it is a shame to keep it under wraps so to speak.

Vivian Leflore Mora January 29, 2013 at 9:36am

No excuses can exist for what this guy did. In 2012, I was unfortunate enough to have one of my original pieces copied by a local artist. I was also fortunate enough that someone who follows my work recognized the copy (which was not rendered as well, I have to say) in a Facebook post and forwarded it to me. After the shock, I was angry and took immediate action. I posted the situation with local arts groups I'm involved with asking if they knew the artist who had copied my work. Found the artist within 15 minutes of posting. I contacted the "artist" to put her on notice and then contacted the local office of lawyers for the arts. Each year, I register my artworks as a collection with the copyright office so I wanted to truly nail this person! What I found on the other end was someone that I think is not as rare as we would like them to be. A person who was fairly ignorant of the violation they had committed. The artist had copied the work which came from a cell phone image taken by her daughter and had given the painting she created to her daughter. If that was the end of it, I wouldn't be posting right now. She then decided that she should sell reproductions through one of the online art sites; that she should use it to jury into shows, and; that she should post it to her Facebook page and website as an example of her work. Without fully understanding what she was doing, she placed herself in the same boat as the person (can't call them artists anymore) who Dave just shared news of with us. There are people out there also who just don't know what they are doing. They can be just as harmful as the guy in the article. Hmm...I think I feel another blog coming on....

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Another Copier Caught

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