Comments on: What can an artist do about unauthorized commercial use of his artwork?

Question: What can an artist do about unauthorized commercial use of his artwork?

espertus — Sat, 26 May 2007 11:36:16 -0800

An artist friend of mine was surprised to see his artwork used without permission on a flier for a band. He had posted the artwork on his website. What can/should he do to stop the misuse? I know that he automatically holds a copyright on the work as its creator. (I have advised him to post watermarked versions of his work in the future to prevent future misuse.)

By: fillsthepews

fillsthepews — Sat, 26 May 2007 11:44:00 -0800

Was it a professional flyer, perhaps to advertise a new album? Or was it more of a flyer to annonce a local show? If it was the latter, I think legal action is way overboard. Not being snipey, just an honest curiosity.

By: languagehat

languagehat — Sat, 26 May 2007 11:48:15 -0800

I'd start by contacting the band and politely asking them to take down the fliers and use other artwork. If they get all "Fuck you, dude, property is theft!" then it's time to explore other options.

By: Salvatorparadise

Salvatorparadise — Sat, 26 May 2007 11:52:26 -0800

maybe ask for a credit next time

i'd be flattered! It might be an opportunity to work something out with them, get some press for the artwork..

By: bradbane

bradbane — Sat, 26 May 2007 12:26:44 -0800

Salvatorparadise.. your solution to someone STEALING from you is to thank them and ask for a credit next time? If the artwork was worth using it was worth paying for, anything less is an insult to the artist. No one would tolerate this if someone had plagiarized a story or article or something like that, I don't understand why so many people think artists should be grateful for the same treatment.

You can't make a career out of giving your skills away, that's not how the world works.

By: yeahyeahyeahwhoo

yeahyeahyeahwhoo — Sat, 26 May 2007 12:49:10 -0800

As opposed to watermarked versions, its sometimes enough to just not post large-file versions online, or use flash so its not as easy to right click and download.

I agree that its probably an overreaction to bring legal action, most bands and flyer-makers are not professionals, and while it sucks that some wreckless designer is reproducing peoples artwork, its not like their using it in to sell cars. just contact them nicely and try to get something worked out.

By: Gungho

Gungho — Sat, 26 May 2007 13:22:19 -0800

You coulod go after the copy shop, if one were used, for copyright violations. They are supposed to ask if the work being copied is clear. You could also watch Hogzilla fly.

By: espertus

espertus — Sat, 26 May 2007 13:46:43 -0800

He sent a polite email to the contact name on the flier and got back a (literal) fuck-you. :-(

By: Jairus

Jairus — Sat, 26 May 2007 14:19:58 -0800

The contact name might've been the person who did the flyer, which might not be the band itself.

I'd try getting in touch with the band directly, they might not know their flyer designer is a gigantic douche.

By: espertus

espertus — Sat, 26 May 2007 14:40:05 -0800

You're right. The person who did reply was the flier designer. He has since emailed the band and not heard back.

I've started asking around for recommendations of a (California) lawyer.

By: drstein

drstein — Sat, 26 May 2007 14:57:07 -0800

Find the band, and give away mp3s of their music. Then ask them how they like it. ;-)

Getting in touch with them is the first step that I'd take. They may have no idea. Seriously, with the "downloading mp3s is ok" mentality among the younger folks these days, they may not even think twice about using images scraped off of the internet.

By: anaelith

anaelith — Sat, 26 May 2007 18:55:52 -0800

The tried and true version is to mail them an invoice, for a lot of money, explaining that this is the amount you charge for professional use of your work. Then when they fail to pay, take them to court. You will need a lawyer for this, and you may feel like an asshole, but seriously, they STOLE YOUR FRICKIN ART AND WERE USING IT TO MAKE MONEY. See previous thread.

By: oaf

oaf — Sat, 26 May 2007 19:15:25 -0800

The tried and true version is to mail them an invoice, for a lot of money, explaining that this is the amount you charge for professional use of your work. Then when they fail to pay, take them to court.

I think this is the correct solution. This is basic for-profit copyright infringement.

By: andrewraff

andrewraff — Tue, 29 May 2007 07:34:13 -0800

Contact California Lawyers for the Arts.