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What do you do when you see your artwork being used without your consent?
I recently had the chance to find out.
What Happened
My hometown of Keene, NH holds a huge Pumpkin Festival every year around Halloween. It’s become pretty famous, with over 25,000 jack-o-lanterns lighting up Main Street. So, if you’re ever in the area at this time of year, be sure to take a visit (and bring a pumpkin or two).
Anyway…this year as I was stuffing myself with maple cotton candy and pumpkin ice cream, a poster caught my eye. It was for a booth that was selling pumpkin carving patterns and equipment, and pictured jack-o-lanterns with different patterns on them. One of them looked awfully familiar.
The image had a striking resemblance to a small illustration I made last year of the Grim Reaper. I shocked to see it on a pumpkin. It was an overall very bizarre experience.
The company had the pattern available for download on their website. I compared it to the original image, and there was no mistaking that this character was mine.
How I Dealt With the Problem
My agent ended up calling the company, and they kindly acknowledged their mistake. By the end of the day, the pattern was taken off the website and we were informed that the posters would be destroyed. It was a shame, because besides the copyright mess, it was fun seeing my image on a pumpkin.
But I couldn’t just brush it aside and let it go. I own the copyright to this image, and under copyright law, this company would have to pay for the right to use the pattern to sell and promote their products. As an illustrator, this is how I make a living, after all.
Copyright Law: What You Need to Know
With this incident, I thought it would be a good time to review some copyright basics, for both you fellow artists out there and for the people who want to use our images.
(Please note that I’m not an expert on the subject, this is just my understanding of what I know. You can read more about copyright law on the official website: http://www.copyright.gov/)
First, copyright is automatic. Artists - whether they are illustrators, designers, writers, musicians, etc. - own the copyright for their creation as soon as it is created. You do not need to register a work with the copyright office to make it so.
What does owning a copyright mean? It means no one can use your image (or story or song or design) without your permission. For example, you can’t use an artist’s image on your website, business card, t-shirt, icon, logo, or any other such thing (like a pumpkin carving pattern) without asking the artist first.
But what if you are not using the image to make a profit? What if you use an image, but credit the artist and thus promote their work? What if you are using the image for something so small, that your mom is the only one who will ever see it? Many people use these excuses to justify their infringement, but it is still infringement nonetheless. This isn’t being picky, this is LAW.
So, what do you do if you want to use an artist’s image?
ASK.
That’s it. For certain uses of my work, I’m entitled to a fee, but for the majority of cases where the use is small, personal, or not-for-profit, I will most likely say “Yeah, sure,” and let you go on your way. It doesn’t bother me to let people use my artwork, and it actually makes me glad to know that people enjoy it. But it WILL bother me if I’m not aware of it, because that means that people are assuming rights to my intellectual property that they don’t have.
How can artists protect their work?
I hate seeing distracting watermarks on website images, but they work. A simple “Copyright © 2007 - All Rights Reserved” notice on your website will detract a lot of casual visitors. I think the most important thing an artist can do is stay informed and stand up for their rights. I’m often amazed at the amount of freedom some people think they have when it comes to any image they come across on the internet or elsewhere. Many guilty parties are not evil thieves, but are simply uninformed. (See cartoonist Tom Richmond’s thoughts about Innocent Internet Infringement and Realtors on his blog.) If you do see your work being infringed upon, even if it’s small, don’t be afraid to send a polite note and educate your viewers.
Entries (RSS)
October 30th, 2007 at 9:14 am
Yikes! I would also wonder about the legitimacy of the other patterns they were offering. I’m glad you were able to resolve the issue (seemingly) easily. I’d say that’s another plus of having an agent. Your post is a good reminder to all of us artists about copyright. I remember illustrator Denise Ortakales giving a great talk at an NESCBWI conference a few years ago about copyright. It really does make a difference to register work with the copyright office in terms of getting restitution and legal fees.
October 30th, 2007 at 10:59 am
I remember in our history of design and illustration class (or something like that) we looked at designs that were blatantly ripped off from other artists. No one has copied any of my work but I did have someone post an 3D model I did on their website. Someone called me up and wanted to hire me and told me they saw a model I did on this website. So it worked out great for me. I was fun drafting up a letter form the the Law offices of Bishop and Bishop.
October 30th, 2007 at 1:23 pm
Your story reminded me of an experience I once had with an illustrator friend of mine. We were in Boston a number of years ago at a portfolio review. It was sponsored by one of the local ad clubs, a place where young designers and illustrators could introduce themselves and their artwork to art buyers, art directors and the like.
As my friend and I were looking through the different portfolios something caught his eye. Curious I followed. There was a young artist there showing off her work to an art director. In her portfolio was a printed illustration my friend had done. She was busy explaining her ideas to this art director when my friend stopped her and began to quiz her about the piece. He asked where she had gotten the inspiration, what kind of medium she had used, etc, etc, etc… The further he questioned her the more uncomfortable she became.
Embarrassed, she eventually fessed up that it was not really her art. She looked a bit shaken as she tried to compose herself but nothing compared to the look on her face when my friend explained that HE was the artist who had originally created the piece. He gave her a small lecture as a few of the art directors took notice and then left to her to contemplate what she had done.
He was quite a bit more restrained about it then I think I might have been but I’m quite sure that young artist learned a valuable lesson that afternoon.
November 1st, 2007 at 11:32 pm
I’m not sure if this has happened to me or not. I’ve posted my work on two websites on blogger and Deviantart. So, if it has or will happen I don’t know but, it’s good knowing what to do just in case. I was hoping to tell one of my best friends first but, a few people already know. I’ve just taken the leap into the wonderful world of freelancing. Today, I acquired my business license. (Soon, I’ll finally kiss that dish washing job goodbye. Hahahahaaaa!) On a serious note, I really didn’t think to look into contacting the copyright office. Although, I did contemplate reading the IRS.org information on filing taxes. As I’ve never done this before and I need information on what forms to file. Dani, please help. And, thank you so very much for blazing the trail for us. (Well the others may already be freelancers but, I’ve yet to get my first client and have not a clue as to how to go about doing so. I did however buy the book you wrote about earlier by Micheal Fleishman; “The Starting Your Career as a Freelance Illustrator or Graphic Designer.” Although, I haven’t read it yet. I’m gonna start it tonight. Basically, I need info on business etiquette. What to do not only with good clients but, especially the bad ones. And more importantly, how to turn bad situations around so the client and I are satisfied. Any advice will be very appreciated. I thank you and anyone else who would like to answer my queries in advance.
~Eric