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Thread: One of my photos was appropriated (maybe)

  1. #11

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    Re: One of my photos was appropriated (maybe)

    Bruce,

    Regardless of how I earn my living, the obvious question is; how does inspiring a painter damage a photographer? Richard hasn't given anything away, including his art. I think Richard is a talented artist, and I wouldn't be surprised to know he inspired other artists, just as he's likely been inspired by other artists. Where is the damage?

  2. #12

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    Re: One of my photos was appropriated (maybe)

    Even if he used your photo as a basis for his painting, "Almost direct copy" may not be enough. If he's added elements and color etc. that's not really a copy of your photo anymore.

  3. #13
    Joshua Tree, California
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    Re: One of my photos was appropriated (maybe)

    How could you prove he copied yours?

  4. #14
    Format Omnivore Brian C. Miller's Avatar
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    Jun 1999
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    Everett, WA
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    Re: One of my photos was appropriated (maybe)

    Here's the problem: Is it monetarily worth the return on investment of legal pursuit?

    There was a case (I think it was posted in the Business section) where an artist derived a painting from a photographer. The photographer sued and won. The photographer's image had been used directly, with some modifications.

    Give the painter a call, and see what he says. He may actually have visited that site. From a brief browse of your website, the picture is one of the Chicago river series, right? Is the spot an obvious choice? I've found that a lot of spots are obvious, when somebody is looking for the best view.

    The painter would have to admit to using your photograph for reasonable legal pursuit. Otherwise the cost of prosecution could easily exceed the damages awarded.

  5. #15
    Kirk Gittings's Avatar
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    Re: One of my photos was appropriated (maybe)

    IF this was done at an easily accessible spot frequented by the public I think you are SOL. How would you prove he painted it from your photograph? How would you prove he didn't paint it before your photograph?

    Speaking for myself only, unless such proof is rock solid, I think this would be a huge distraction (with no upside) from what is most important-continuing my work.

    I had a somewhat related problem. A local framer was dismembering one of my books, and matting and framing the pages and selling them at a decent price. I went crazy over this even tough the legal precedent allowing for them to do this was long established and I wasted allot of time and money wringing my hands over this. I ultimately decided to move on.
    Thanks,
    Kirk

    at age 73:
    "The woods are lovely, dark and deep,
    But I have promises to keep,
    And miles to go before I sleep,
    And miles to go before I sleep"

  6. #16

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    Dec 2007
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    Re: One of my photos was appropriated (maybe)

    It sounds like it's almost certain the artist copied your work, but I'd agree you have very little to gain and a lot to lose from a lawsuit. Are you familiar with the AP case against Shepard Fairey? If AP had such a difficult time time proving what I see as obvious infringement, there's no reason to think you won't run into the same issues. I'd contact the artist, state that you consider his usage as a copyright violation and request that he refrain from doing so in the future.

  7. #17
    Mike C.
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    Maryland
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    Re: One of my photos was appropriated (maybe)

    I have let several artists paint my photos with the stipulation I get credit, however they did ask for approval. The artists were exellent, but not famous by any means. A friendly letter or phone call could go a long way in resolving the matter before you try going the legal route. Best of luck, Mike C.

  8. #18

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    North of Chicago
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    Re: One of my photos was appropriated (maybe)

    I have calmed down a bit....

    I was really angry that a project I have spent so much time, energy, to say nothing pf money on, was copied by an "artist" who appears too lazy to leave the house to look for subject matter. Judging from the work he shows on his website, I am not the first photographer he was "INSPIRED" by. It's true that he may have altered my image enough that I won't be able to prove anything, but at the least I want him to know that I am aware of what he has done, and my feelings about it. What good are copyrights anyway? And what about intellectual property? My feelings of course would have been very different if he had asked permission.

    I'll send him a nice letter.
    ____________________________________________

    Richard Wasserman

    https://www.rwasserman.com/

  9. #19

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    Re: One of my photos was appropriated (maybe)

    Oh, copyrights can be surprisingly "good" especially if you've registered them - in which case you're entitled to obtain damages regardless of whether you incurred any actual loss, as long as you can prove infringement

  10. #20

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    Re: One of my photos was appropriated (maybe)

    Quote Originally Posted by cyrus View Post
    Oh, copyrights can be surprisingly "good" especially if you've registered them - in which case you're entitled to obtain damages regardless of whether you incurred any actual loss, as long as you can prove infringement
    It seems as if proving the infringement is the hard part.
    ____________________________________________

    Richard Wasserman

    https://www.rwasserman.com/

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