I'm being flogged publicly ..is my accuser handling it legally
November 13, 2011 7:09 AM Subscribe
I did the wrong thing...but do I have any rights in this situation?
posted by anonymous to Law & Government (22 answers total) 1 user marked this as a favorite
I am an artist who blogs nearly every day. I paint from life; from photos and I sometimes copy other's paintings (to learn how to do it). I usually have been very clear on my blog about which paintings are copies. I KNOW that I should never try to "fob-off" a painting that I copied as my own. It is a douchey thing to do, but in a weak moment, that is what happened and I very much regret it. (Please, in your reply to me..could you try not to beat me up too much about copyright infringement?) I am aware that people are passionate about the subject and again, I know what I did was wrong.
Recently another blogger (“W”) discovered that one of my paintings was not attributed as an homage/copy painting and that it had been displayed. (“W” is not the artist I copied). “W” aggressively "outed" me on her blog. She put up a photo of the original painting (that was done by artist "X") and my painting that is a copy. W (as you can imagine) was extremely harsh and she wrote a long vicious indictment of me (that was somewhat true and also untrue). Most of the specifics she supplied in her blog post about an email exchange with me was inaccurate. At the end of her post is a photo of my face lifted from my blog. She links to everyone involved and she emailed a gallery that shows my work. I am aware that I have done a wrong thing. I have contacted "X" to apologize to him and to accept responsibility for my actions. (He has not yet contacted me).
Many people have written to me and the accusation is making the rounds. One person I spoke with about this counseled me to not address the situation on my blog and to carry on as usual (until I hear from X) and that is what I am doing. I don’t have money for a lawyer.
My question to you is this..W grabbed all the photos for her expose' from my blog and X’s website. Legally, does she have rights to grab my photos and X's photo to use it in her blog? If I wanted eventually to “answer” all this publicly would I be within MY rights to “lift” her portrait and paintings off of her blog to post on my blog? I have done a wrong thing....but has she (who isn’t even the actual “injured party”) the only one with rights? Do I have any rights in this situation? Do you have any advice (aside from statements about how wrong I was/am)? Thank you for any ideas or helpful suggestions.