Another Reason We Artists Are Starving

[AAC Cadet Leader]

I have a little story to tell you which illustrates a dilemma that plagues artists everywhere today, as well as modern musicians.

If you wouldn’t mind also, please vote in my poll, just to help me get a clearer picture of the popular opinion on the subject. I’ll set up the poll so that that no one will know which way you voted unless you tell us.

Here’s what happened…(the real worker’s names have been changed.)

Some of you know that the week before last, I spent many hours at my local Fed Ex / Kinkos store, producing the aerodrome forum nametags for the forum members who were planning on attending the 2007 Dayton Dawn Patrol Rendezvous. The nametags had a shrunk-down graphic of the forum logo and a cropped, thumbnail version of my oil portrait of “The Evil Black Baron of Rhinebeck” (the one that is displayed at the bottom of my posts and in the forum gallery). I also had the FedEx / Kinkos staff members print about fifty 12” wide (half-size of the uncropped original painting) with the hope that maybe we’ll sell a few of them to folks who might want to frame up a small print, or laminate them for placemats... or wallpaper their bathroom with them...

While I was in the Fed-Ex area of the store, working on boxing up the nametags and some of the prints to ship to Dayton, there was a nice young woman helping me. She became very enthusiastic about my small posters of the image of my "Evil Black Baron" and asked me if she could have one. “Well, I am hoping to sell them…” I told her. Then she twisted my arm, praised my artistic skills, begged and groveled and reminded me that she had lent me her best scissors and loaded some paper in one of the copy machines for me the day before, etc. “Oh, alright, Maribel, just for you…I’ll give you one of them, but you must promise me that you’ll frame it and display it in a prominent place in your home, okay?”

“Yes, yes, I will, of course!” she said, “but I want you to sign it, too.”

“Sure, no problem, I’ll come back tomorrow with my fine point white pen to do that.” And I did. Then she asked me to write as well on the front of the print, next to my signature, "To Maribel ~" So I did.

Then a few days later, I went back into FedEx / Kinkos for something else and Maribel called me over to where she was behind the shipping desk. “Guess what?!” she said, “I’m having Mark [one of the Kinkos production associates] print me a big poster of your painting of the pilot“… and I’m having him make another one for my girlfriend, too, because she’s into art.”

On the side of my print, I had wording typed out including, “copyright 2007” and my name and contact information.
………………
Okay, now I’m going to stop the story here, and poll you guys with my first two questions before continuing and I might add more poll questions later in the thread:
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(choose one)

1) I should have thanked Maribel and felt flattered that she went to the trouble and expense (even if she is getting an employee’s discount) to have her fellow associate make her a big poster print and one for her friend.

2) I should have stopped her right then and there and inquired how it could be, that she and another Kinkos production employee think that it’s okay to just go and make enlargements of my painting which is clearly copyrighted, without asking me, first.
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As I told one of my friends the story above, he gave me a perspective that surprised me, and I am curious to know if his opinion is shared by a majority of others. Before I tell you what his opinion was – (preferably he will log in and tell it himself) - I’d like to hear your feedbacks on the subject, artists and non-artists, alike.

After this thread has had some discussion from you guys, I’ll tell you what I actually did.

[cfgray]

Hi, AAC CL,

I guess aside from the obvious abuse of your copyright, the biggest probelm I see is "Maribel's" failure to ask your permission. That is what I would have talked to her about, especially because she had your contact information.

It was "innocent" obviously since she didn't hesitate to tell you all about it, so I guess my response would have been to educate her a bit about such things.

I also would want at least one of those larger prints for free.

Best,
cfgray

[PeterFokDVII]

People at copy centers are usually quick to inquire if something you want to copy or enlarge is protected (this usually happens when they are asked to assist you). So, they are ALL well aware of the need to obtain permission from the artist / photographer before copying copyrighted works. They are taught this during training, to keep the liability of the store to a minimum.

So, it is almost impossible this girl was unaware of the illegalities of her enlargements. I would have told her, that while I am flattered by her praise, I am not pleased with her unauthorized reproduction of my work. Depending upon her demeanor, you may or may not want to let her keep them without bringing the whole matter to her boss' attention. But I would let her know any further copying of the painting (especially if I see any on eBay), would result in a hit being placed on her, wait, I mean I would contact her boss, yeah, that's what I meant to say.

............................................Pete

[Sreiko]

This is dark side of this work. The gap where is work not secure. This is for sure copyright violation, no doubt about that. But there is something something worse- you have thrust this person and you are badly deceived. This is deep pain for my point of view.

This is nice lesson for all of us- don't thrust anybody. Give access to your work only to trusted person.

Just to note to you- this is not only in art but in other sphere. I know for some team who have hired one company to print decals for them. They get what they want, even design it and provide proof ready for print, but the printing company print more samples and sale for their self.

I have hear that some trouble had James Dietz. But can not remember what was that- hope he could be able to this topic.

I don't believe that you are listen heavy metal but one band from Germany name "Creator" sing:

"Don't believe in nothing
take no thrust to anything
'cos i don't thrust to no one
by my self"

Well no need to be that rigid but more attention. Nobody will take care instead of you.

[Ross_Moorhouse]

I would ask for their head office phone number. Then ring and ask for the real big manager and dob this worker in.

[Russell Smith]

Most people here already know how I feel about copyright violation. even innocuous cases should not be tolerated. However, if you feel that her little faux pas was innocent, I wouldn't advocate being a meanie about it. State your case to her so that she knows that it is an issue. Remind her that you DID tell her that you were planning to sell these and that her little plan to make copies for all her friends is clearly in violation of copyright. I have a feeling she'll back down. (But if she doesn't, THEN you get to be a meanie).

Russ

[FliegerJG1]

This woman knew exactly what she was doing when she sweet talked you out of a copy of your print.
There was nothing innocent about it.
She works in a professional copy/printing business. As long as she holds a copy of your print, she and her friend can make more as they wish. She betrayed your trust and the copyright. I’d ask for ALL copies to be returned to you explaining why. If she resists and causes you any more grief, contact the manager. Trust no one! Sad to say but this is the only way to protect your art.

FliegerJG1

[agblume]

Rule Nr.27 - Never ever trust any person who grovels. Regards, agblume

[ProfLooney]

Myself i would be tickled that she liked it so much she wanted to enlarge it for herself. the problem here I see is not that she enlarged it for herself the problem I see is that she made a copy for her firend without permission. I wouldnt be a total meanie abt it but I would confront her and say that i didnt mind her enlarging but you make aliving off these and it wasnt right for her to make one for her friend that its an infringement of your copywright even if the logo wasnt on the photo it is now automatic the minute it is drawn.

[AAC Cadet Leader]

Thank you everyone for your good feedback. I’m glad to see that the majority of you share my opinion.

At the time Maribel pulled me over to proudly share with me her news of what she was having her associate do with the print I had given her, my immediate feelings were:
1% flattered
1% happy - however, my outward reaction to Maribel, who was so proud to tell me, thinking (or hoping) she’d be pleasing me, was that I was okay with it
88% upset - my heart sunk and I felt like I had been kicked in the gut and stolen from
10% angry - “how could YOU and YOUR PRODUCTION ASSOCIATE do that!?” I was yelling inside my head.

The fact that the FedEx / Kinkos associates went ahead and put two poster sized prints of my painting in their production line-up without gaining my permission was really bad, and I’m certain that they knew they were in the wrong. But the bigger matter here is that it illustrates just how lax societal norms have become on the matter of copying copyrighted works. Copyright infringement of artist’s works is rampant.

I’ll bet all of the artists on this forum have had their work lifted in one way or another. Similar things have happened to me in the past when I was doing a lot of t-shirt designs and sign designs, but it hurts even more with this sort of thing when it involves my fine art paintings as I put my whole heart and soul into making them.

What Mirabel and Mark did was not much different than the visitors who come through my art gallery, who whip out their camera cell phones and digital cameras and start snapping away at all their favorite paintings on my walls. Sometimes I’m outside the studio, in the garden, working on a painting and I tell visitors to please go ahead and start their gallery tour without me. Then I come in and they are snapping away. I have a sign hanging on the entry wall that says, “thank you for NOT photographing our artworks” but I guess they don’t see it - happens all the time.

And then I say to them,“I’m sorry, but could you please not take pictures of my pictures? They are copyrighted.”

Then comes the same reaction, “Oh, I’m sorry, they are? Oh, I didn’t know you couldn’t do that.”

“Well, yeah, I know, I hear that from a lot of people. The thing about it is that I have found some of my paintings on the internet that I didn’t put there and then some people just print my painting images off their computers and don’t have to bother ordering prints from me or paying me for the image, not that you’d do anything like that…”

“Oh, of course not. I just wanted to look at them and show my friends. Don’t worry, I’ll delete them right now …”

“Thanks, I’d appreciate it.”

Last year, one guy I walked in on while he was taking digital pics of my paintings, even started arguing with me when I said, “Sir, please don’t take pictures of my paintings.”

He said, “I have every right to take any pictures I want,” then added the current phrase that seems to get everyone off the hook these days, “this is America, and you have no right to stop me!”

I then asked him to leave, whether I had the right to or not.

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Next time I post, I’ll continue with my original story of the Kinkos episode and what I did…

Meanwhile, please share some more of your thoughts and stories. I’m reading all of what you guys are posting. Thanks much!