Just a few days ago I was reading this article. It was an informative article by Brian Sherwin on Copyright Registration. I thought it was a wonderful piece about not only copyrighting, but registering your artworks. A week passed and of course I dismissed the article and placed it in the useless/useful information storage part of my brain. –You know, the part where random information goes to die– quietly.
Until—
A very close friend of mine showed me this image on her phone of a painting she saw at the Fort Worth Art Fest. The asking price of this AMMMMAZING painting was $10,000 (which was sadly way out of her price range). My friend then went on to ask me if I would create a similar, smaller, reproduction of it… Then I realized the AMMMMAZING painting wasn’t the original artwork of the painter who wanted $10,000 for it but rather that of a prolific young photographer.
Of course my friend debated me on the fact until I showed her other wise. She was floored because of my ability to recall visual references accurately. And I was floored because I was just reading a fricking article about THIS VERY SAME THING.
The whole thing didn’t sit well with me, so the next day I decided to contact Ms. Dangerously Dolly herself.
Here’s how the first email went:
—
“To Dangerously Dolly:
Fist let me start by saying: I FRICKING ADMIRE YOUR WORK! It is truly original and BAD ASS!!
With that being said have you considered copyrighting AND Registering your photos?
Just a few weeks ago there was an artist in Fort Worth, Texas, who painted a replica of your “Little Linda”. He wanted $10,000 for the original painting– which would be Great had it been ALL HIS CONCEPT.
If you were to copyright AND REGISTER select photos (the viral ones), you’d by law be entitled to a percentage of that said $10,000.
All the folks known (and unbeknownst to you) that are ripping off your works are LITERALLY ripping you off financially! I know art isn’t all business, but as women we Must be smart in business!!
Many blessings,
Bianca
Helpful links[...]“
Of course this was all small potatoes to her and this was her response to me:
—
“Hey,
Who was the artist? I don’t need to register my work in order to prove it’s mine. It’s copyrighted to me the minute I press the shutter button.
I don’t allow artist to sell the paintings based off my photos, anyone who paints them knows that.. So this must be a painting I never saw.
Dangerously Dolly”
I thought her response to my email to be honest, matter-of-factly (,and slightly cocky).
Until she realized this:
—
“Hey Bianca,
Ok, I found out who the artist was through other sources… It’s K. P[at]terson… Funny because he told me he would not be selling. I also found out the painting got sold.
I’m waiting to hear back from the artist to figure things out… He needed to tell me that he was going to paint to sell.. Technically he sold a replica of my vision to somebody.
Do you know what gallery/arts festival … it was?[...] Perhaps if it was an art gallery I can get ahold to see how much exactly it sold for and find any information from there [...]“
—
Now, if she Registered her image she wouldn’t have to prove that her photo came first and would be entitled to a chunk of that $10,000 without question!
Hmm…
If only I’d learn to take my own advice,
Bianca Elise of
Bianca Elise Designs and Belles & Whistles
Helpful links:
http://www.copyright.gov/circs/circ40.pdf
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