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Thread: One of my photos was appropriated (maybe)

  1. #1

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    One of my photos was appropriated (maybe)

    It has come to my attention that a painter who lives in another state has a painting that he has exhibited that looks to me like an almost direct copy of one of my photographs that I have up on my website. The composition is identical as well as the aspect ratio. The painting depicts the scene at a different time of day, and he added part of a tree where in reality none could be. My image is black and white, his is in color.

    If indeed he has used my photograph I am not amused. How do you think I should proceed with this? Do I write him a letter asking for clarification, or go directly to attorneys (which I'm willing to do)?
    ____________________________________________

    Richard Wasserman

    https://www.rwasserman.com/

  2. #2

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    Re: One of my photos was appropriated (maybe)

    Richard, if your photo did indeed inspire his painting, why should you be upset? I would be flattered.

  3. #3

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    Re: One of my photos was appropriated (maybe)

    Don't be hasty, the legal industry always gets its piece, no matter the circumstances. If it's a common landscape, maybe he used the same tripod (easel) holes you did.

    If it includes temporal things like people, I'd say you have him dead to rights, but would still contact him before throwing money at legal representation.

    Its tough to win these sorts of things.

    bob

  4. #4

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    Re: One of my photos was appropriated (maybe)

    Good grief! A good cold shower would do...

  5. #5
    Scott Walker's Avatar
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    Re: One of my photos was appropriated (maybe)

    I would call the guy on it before spending time and money on a lawyer

  6. #6

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    Re: One of my photos was appropriated (maybe)

    Is it possible that he put his easel in your tripod holes?

  7. #7

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    Re: One of my photos was appropriated (maybe)

    At a second thought - it is quite an achievement to get his painting - inspired by your picture - exhibited, don't you think..?
    Maybe you should pay him for that?

  8. #8
    Photograsaurus Rex
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    Re: One of my photos was appropriated (maybe)

    Print up an exact sized print from your negs and take it to his expo. Stick it up on the wall with some sticky-tac/blu-stuff and enjoy his reaction.

  9. #9

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    Re: One of my photos was appropriated (maybe)

    First, verify just how similar his painting is to your photograph. As suggested by a previous writer, identical temporal content contributes significantly to your argument. Beyond people, the time f day and season are also considerations. A polite inquiry of the artist would be a next step. He may not be aware of copyright law (not likely, though). You should decide what you want to charge for his usage prior to the call so that you are fumbling around during the conversation. Look to the ASMP web site for some ideas on what might be a reasonable fee. Keep in mind that it's negotiable, but generally you should not allow usage for free. If the artist isn't selling his/her work, you should still plan to charge something, even if it's $25 or so.

    To those who think this is something that you should view as a compliment, I'd ask this - how do you derive your income? Are you willing to work for free at whatever you do? Perhaps you're still living with your parents, but for those of us making our living or part of our living by selling our art, the concept of folks giving away their art makes no sense.

  10. #10
    Scott Walker's Avatar
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    Re: One of my photos was appropriated (maybe)

    Quote Originally Posted by BrianShaw View Post
    Is it possible that he put his easel in your tripod holes?
    That could happen, I recently came across an image that at first glance I thought to be mine being displayed by a well known photographer. Turned out that he had arrived at the spot about 3 years before me, we just happened to compose an almost identical image at about the same time of year and day. His image was dated 1988 and mine 1991. Fortunately I never tried marketing my image so there will never be a conflict.

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