Copy This, Mate

Oy, what a week. I was super busy with deadlines & a bit stressed out because on Tuesday I was lucky enough to be one of the author/illustrators presenting workshops for the Burlington Book Camp. (It was a great experience, by the way, and the kids were super smart and talented).

In between all the work to be done, I had to deal with a slightly unhinged lady on Twitter who had taken some of my artwork and used it as her personal Twitter wallpaper without my permission. I eventually got her to take the art down, but what was really disconcerting was her understanding of artist's copyright and the internet. She insisted that since she found my art on Photobucket, and since she found it via a Google image search, that it was hers for the taking. I doubt very much that I was able to convince her that she was wrong, and no doubt she's still out there, using art without an artist's permission, driving other artists crazy.

And then I had some frustrating client experiences where once again I feel like I'm being taken for a ride and I start to wonder if maybe I should just throw in the towel and take up waitressing, except that I remember that I was a really lousy waitress, and if I'm truly honest with myself, I'm probably not fit for anything else in this world but drawing goofy cartoons.

So I confess that by Friday I was not in the best of moods. And that's when I get this email from this vet in Australia, who says to me, that she notices I'm "not claiming legal copyright" on my blog or my web site, but she's "gonna do the right thing" and ask if she can use one of my drawings for free for some internal memo for her pet organization. My first thought is Huh? What the heck is she talking about? And then my second thought is...crap, I'm scrambling here trying to make a living in probably the worst economic climate ever, and I'm just not in the mood to give stuff away for free. So I tell her no (nicely, of course), as well as mentioning to her that I own copyright as soon as I create something, and she responds nicely, but with a final comment, "but you need to know that you need to formally claim copyright in Australia."

And yeah, my third thought is, Huh??? So thanks to Twitter & Facebook (they really are useful tools, ya know) I confer with all my very talented writer and artist friends, and yes, get confirmation that this lady is misinformed. So fool that I am, I email that vet links to the Berne Convention for the Protection of Literary and Artistic Works, as well as updated information on Australian Copyright Law, and boy did I piss her off. She angrily responds to me, "we will not only avoid any of your works but will happily un-recommend them to everyone else we can find. We have plenty of artists allow us to use a single piece in return for advertising (and they actually thank us for asking)."

Classy. And this gal is in charge of a large pets organization in Australia.

You know, I'm not an egomaniac, and in fact, I struggle a great deal with confidence, especially when it comes to my work. But I gotta say, I've been published by many well-known publishers, my cartoons have been published in The National Post, MIT Press and the bloody Times of London. I don't need any advertising in a bloody pets memo – I need cold hard cash to pay my groceries! Just recently we had to fork out $2,000 to our vet because our beautiful cat Maggie was sick and needed tests, x-rays, and an ultrasound. Do you think the vet would have gone for my suggestion – "Hey, how 'bout you shave off some of that bill, and I'll mention you on my blog and Facebook. It will be great advertising for you, and you should be bloody grateful that I do this for you!" I'm sure he'd jump at that opportunity, right?

Yes, I know, I know – this is a tired, old subject. Artists don't get no respect. But if I or others don't squawk about it every now and then, well, these asinine attitudes won't change a bit, will they? And it is draining. I don't want to focus my energy on getting clients to pay me, or pay me a fair rate, or stop people from stealing my stuff, or educate people on copyright law, I just want to get paid to draw goofy cartoons and make people laugh.

But unfortunately, I can't depend upon the kindness of strangers, so even though I shouldn't have to, you will notice from now on that I will be putting copyright stuff on every piece of art that I post. And over time, I will have to change all my art on my Flickr site as well. This probably won't stop everyone from stealing my stuff, and it certainly won't change people's beliefs about copyright law, but if it deters a few misinformed Australians, then it's worth the effort, mate.

Comments

[Doodletronicsp]

Glad to help, Patricia. The best response I've heard to those who offer the gift of exposure in lieu of payment is "People die of exposure."

[PG]

God, this makes me angry! I can't even begin to express what I think of the animal charity woman, the fool. 'Unrecommend' your artwork to everyone else? Big fat hairy deal, as we used to say when we were kids. Everyone else indeed. I even put a copyright statement with photos of my toys on Flickr, though I am sure it's blowing into the wind. I'm not as tactful as you and the times I've found people copying my work I've spat feathers at them, it always works - raw anger.

[Soozcat]

It astonishes me, although it probably shouldn't, just how much outright theft goes on when it comes to images on the Internet.

I'm not an artist. I'm just some goofy chick with a cheap digital camera. But last month a New York-based party design company ripped off a photo from my blog and used it as an illustration on their blog, without so much as a by-your-leave. (I knew what they'd done because 1) I have a statcounter and 2) I check TinEye.com every now and then just to see if anyone's using my images.) You'd think a *design company based in New York* could take its own fricking pictures of Central Park without having to rip off some amateur blogger from Seattle. You're in Brooklyn, lazy ass, just get on the subway!

I raised a stink in several places online, called their offices, and otherwise made myself thoroughly unpleasant until they removed the photo, but should all that really have been necessary?

The problem, as you so capably illustrate it, is threefold: first, people have no idea what copyright law is or how it works; second, people seem to believe anything posted on the Internet is fair game; third, people don't realize, or don't care, that when they pull stunts like this they are taking away people's living.

Oh yeah, and as far as "exposure" is concerned: when you've already gained a name for yourself, those requests to use your work for free in exchange for "exposure" should be seen for what they are -- a slap to the face. Someone is suggesting that since you're not yet a household name, you're not good enough. Screw that.

[Frieda Wishinsky]

So glad you stood up to the vet. Everyone thinks artists should work for the fun of it. We need to say our work counts or no one else will. You go girl. (And sorry to hear the cat was sick. Frieda

[karen]

I hear your pain...I was at an art show 3 weeks ago and a lady came right up to my table, whipped out her camera and started clicking away, bold as brass and without a 'by your leave'...when I called her on it (mostly by standing in front of my jewelry pieces) she came up with some lame-ass excuse that she was 'building a portfolio' for a photography class...yep, and I was born yesterday. I didn't demand her memory card because if she visits my website, she'll see (low res) pics of my work anyhow, but seriously? The nerve!

[susan adsett]

If it makes you feel any better - it looks like Douglas Copeland has the same problem - he just posted this to his twitter:

"Dear Person Who Wanted Something Valuable from Me for Nothing and then got all mad when you couldn't have it: what is your problem?"

Seriously. What is their problem?

Some people need their entitlement issues beaten out of them with a stick. A sharp, pointy stick.

I hope your cat is feeling better. We had similar issues with ours a couple of weeks ago, and now we're giving him an IV drip at home. He's not exactly thrilled with our life-saving efforts.

[patricia]

Wow, Susan, I'm in the same league as Douglas Copeland! :)

But seriously, it sucks – for me, for Mr. Copeland, for every artist out there. And it's so bloody unnecessary.

@Peter – yup, I like to use that quote, too! :)

@PG – Oh, I wanted to go the raw anger route, but she'd already beat me too it, so I had not choice but to fake the high road. :)

@Soozcat – I love your tenacity!

@Frieda – Yup, us artists have to stick up for ourselves. And thanks for the kind thoughts about Maggie. I'm not sure what's going on there. The vet said she's not long for this world, but other than losing weight, she seems fine. Crossing fingers.

@Karen – Seriously! So brazen and bizarre.

[Scriptor Senex]

Patricia, I bet someone pinches your copyright cartoon!!!!

[patricia]

Ha! I thought the same thing, Scriptor! :)

[steve]

Hey Patricia,

Yes since it's so easy to download a jpg or do a screen grab, stuff will get ripped off. Even with your copyright tag on the bottom it may happen, they'll just crop it off.

Being a creator of visual material you also have to be aware of what you produce. For discussion purposes (not to be a troll) I honestly thought you may have gotten into some copyright issues with your Martin Amis piece once it was picked up by the newspapers. You were dealing with copyright characters and I don't know if they were changed enough to get you clear of litigation. I think if you reworked them in your style it would have been OK, but using scans, I don't know? It depends on how aggressive they want to be protecting their brands.

As a guide, I always remember Corbis winning a $100,000 case against an illustration student in the nineties who traced one of their native american chief images and entered it in a Corel draw contest. He won the contest but I'm pretty sure the prize didn't come close to his legal costs.

[patricia]

Yes, Steve, I did wonder about the Amis drawings myself. I'm obviously no copyright expert; I assumed that it would fall under the subject of parody.

And just so you know, the only 'scan' that I used was the background from Diary of a Wimpy Kid, and that cartoon was not reprinted in either The Times or The London Evening Standard. Nor did I get paid for the reprinting of that art.

All the other artwork was completely hand drawn and inked by me & then coloured in Photoshop. There was absolutely no tracing involved.

That actually bothers me that folks might think that I scanned or traced anything. I appreciate your comments.

[Soozcat]

Perhaps you'll enjoy this entry on a new illustration industry.

http://bentheillustrator.tumblr.com/post/9880367093/lets-start-a-new-illustration-industry

A friend of mine who's also an illustrator linked to it on Facebook, and I thought it was right on the money. Pun fully intended.

[Gillian O'Reilly]

This is about writers but it's still very good for making one feel strong and tough about copyright. I like his line about the turnip truck.

Harlan Ellison -- Pay the Writer
http://www.youtube.com/watch?v=mj5IV23g-fE