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Flushing Copyright Thieves



Clinker was one of the 20 illegally copied images of my paintings I discovered on ebay yesterday, thanks to a heads up from a colleague and friend who found the same "Artist" copying her work and that of other daily painters. Ebay has been notified and is taking appropriate action. I suspect Karma will be making a house call shortly as well.

In the light of yesterday's situation, I got many emails and messages asking how one learns of copyright violations. Here are a couple suggestions:

  • Become a watchdog on the sites you frequent. Don't hesitate to let the originating artist know if you see a copy of their work elsewhere - send them the webaddress and suspected infringer's name. If you come across copies in person, collect the infringer's name and contact information along with the painting's title and pass that along to the originating artist.
  • Set up google alerts for keywords pertaining to your own work, like your name, your studio name, and other relevant phrases.
  • If you suspect or have heard of an image's misappropriation, use google image search and find out for yourself.

As far as protecting your work, copyright is an automatic deferral the moment you create something. One does not have to file for copyright with the government in order to claim it (although filing/registering does help in cases that go to court).

  • Assert your copyright ownership by placing a watermark on every image you share online. Include your name in the watermark so that wherever the image travels, it has your identity attached.
  • Only post low resolution images (I prefer 4" wide at 100dpi for finished works). Consult your photo editing software for how to resize images.
  • Only post images to sites you trust (take time to read Terms of Service agreements - some sites reserve the right to repurpose or sell your imagery).

If you discover your copyright has been violated:

  • Take screen shots of everything you discover online prior to filing any reports or contacting any individuals. Please note that a screen shot is different than merely noting the web address.
  • Retain all documentation pertaining to any discussions you have had about the suspected thief.
  • Report violaters to the appropriate host (Facebook, eBay, Etsy, and other sites have published processes and specific forms for reporting intellectual property theft).
  • If the artwork is on a private website, find out who hosts the site - then follow their instructions for reporting the theft (websites will be taken down by hosts for copyright infringements).
  • Be prepared to show your original artwork, the date it was completed, and any reference or process information as proof of ownership.
  • It is sometimes helpful to do a side-by-side comparison of the original with the suspected theft as part of your documentation submitted to the appropriate authorities.
  • Copycat "Artists" don't always limit themselves to stealing just one artists work - review their portfolio to see if you recognize or can identify other copies.

If you are comfortable contacting the artist directly, do so gently, asking them to supply their references, concept or preliminary work. It sometimes happens that artists working in different methods come up with the same idea/concept. But even when this happens, the works fit within the context of other pieces, so there is extenuating evidence to support the dovetailing. Remember if you do contact the artist, retain all correspondence.

Keep everything in writing, as tempted as you might be to telephone the purported thief. Heated emotions can get out of hand easily - you are feeling violated and the other party may be defensive or accusatory in response.

Always keep a clear head. You are the victim, but do not allow yourself to make choices in the heat of the moment that will reflect poorly on your character later. 

If you have other suggestions for any of the above points, please let me know!

Copyright violation is stealing. It is akin to having your car or home broken into, your purse stolen, private property vandalized or taken. It is a real crime, and sadly, becoming an all too common one. I hope you never have to deal with this.

I am moving to the easel today with the reassuring thought that I can create, and feeling badly for those with so little faith in their own talent that they resort to stealing,
Kim


PS If you are an artist struggling with copyright issues, feel free to share an earlier blog post I wrote, An Open Letter to Copyright Thieves. You are also welcome to share this post.

Comments

  1. Great information - so sorry that you have had personal experience with this! Thanks for sharing!

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    Replies
    1. Kathleen, I'm happy to share what I've learned - which all came from other generous souls. Keep on paying it forward!

      Delete
  2. Thank you for delivering such a clear and concise checklist. I've had my work stolen so I understand the frustration. I'm sharing your post with a facebook group. Your art is fabulous but I've truly grown to admire your professionalism.

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    Replies
    1. Mona, I'm really sorry to hear about your copyright history. It totally sucks, having others profit off our hard work. I am glad you found useful tips in my post and I am grateful you are sharing - let's help others fight the same battle and shut these fake artists down!!

      Delete
  3. Absolutely spot on post about how to deal with copyright infringement. Thank you for adding valuable information and a level approach to the problem. Thanks!

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  4. Kimberly, so sorry this happened. Thank you so much for clear action steps. Sharing.

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  5. Anonymous9:14 AM

    Thank you for your common-sense tips to handling copyright issues - and thank you for granting permission to share your blog post. One of the saddest issues relative to this is the complete lack of understanding among some "artists" that they are, in fact, stealing by copying, even in a different medium. I fear the plethora of art-ish classes offered, complete with kits and cookbook instructions, are increasing this misunderstanding.

    ReplyDelete
    Replies
    1. With respect to workshops and education, I believe it is the instructor's responsibility to remind students that they are teaching a concept that is not meant to be paint-by-numbers, but thought through and processed and made one's own. In my opinion, the best workshops don't give a student only one way to solve a problem (like a paint by number approach) - they present the challenge, throw out one means of finding the solution, and allow the students to explore all the in-between parts.

      Delete
  6. Good post, this is a growing problem. I can almost mark each uptick in infringements with the appearance of infringement-enabling sites or developments. These almost always coincided with a dip in sales, too, so I figured that infringers were finding me more than buyers. One of the first I feel increased the problem was social media photo sharing sites that give a large view, e.g. Pinterest and the many clones of its model now. Not sure if all of them strip images of metadata and make their own copy for their servers, but Pinterest does and that has been a problem for copyright owners.

    The "free promotion" thing on any sharing is out the window as soon as someone 'shares' it without attribution. (Which is the norm now.)

    Facebook now urges me to upload an image from links I share (on my business page) which would be violating the owner's copyrights and exposing their material to FB's grabby terms.

    The search engines also adopted the huge view, making it easiest to infringe, and actually more work to go to the real site. Bing added a pinit button, bypassing owners no-pin codes. Now, browsers are adding pinit buttons, too. The search engines suddenly became more hindrance than help.

    I replaced my online images with watermarked ones, gave up selling reprints on a POD site, and pretty much pulled back from internet marketing last year, until I could figure out how to do it without making infringement-hunting my other job besides making art. Thankfully I have made some progress now and watermarking has not hurt my sales of originals, it has just made it impossible to sell reprints on a POD site anymore. The money from that just wasn't fair compensation for the time and energy that numerous infringements were robbing me of.

    The info I relied on over and over to find infringements, find site hosts, and send DMCA takedowns, became pretty voluminous. I started a blog type post on it in 2011 and it has been added to and updated since. Maybe some of the info here will also help those who are interested in doing reverse image searches to find infringements, and send takedowns to get them removed. http://www.redbubble.com/people/cschnack/journal/7750976-art-theft-copyright-infringement-find-it-act-on-it

    I've also found an attorney now who works on contingency to send bills to infringers. Hope I never feel I need to test it, but I just might, next time I find some business using my art to make their ads!

    Thanks for keeping this issue at the forefront. It's an important art topic, and I'm seeing more and more artists reluctantly watermark. There are a lot of people selling 'art coaching' services online. How up to date they are on THIS issue is often a good measure of how up to date they might be. I disregard any experts now who are still saying watermarking is a bad idea, because I know they're out of touch with reality and/or may have their own agenda which might not be in line with my best interests.

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  7. Hi Kimberly,
    Thank you so much for sharing your personal experience, and advice on dealing with this problem. Can you share the process of placing a watermark or a copyright notice on your pictures that are posted on your blog, Facebook, etc.?

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    Replies
    1. Loretta, I'm happy to help by sharing what I've learned along the way!

      With respect to watermarking, your best bet is to do your own research. Operating systems and software programs are all unique in the steps involved, and even if I spelled out how I do it (on a Mac with Photoshop using a logo designed in Illustrator), it wouldn't work across the board for everyone else. There's plenty of tutorials and great help files, though - all you need is a photo editing software that allows you to add a layer of text.

      Good luck! :)

      Delete

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