Author Topic: Painting Theft (Read 4139 times)

TheDman · « **on:** May 18, 2012, 16:29 »

Wondering how to deal with this. Here's a painter in England who has obviously used my photo to paint this. Has anyone else had this happen, and what can I do, if anything?

It says he's already sold it for £280. Feel like I should get a commission.

ShadySue · « **Reply #1 on:** May 18, 2012, 17:57 »

I'm pretty sure if he's paid for it from iStock, he can use it as an artist's reference [1] - I'm sure I saw it ages ago in iStock's forum, but that's notoriously difficult to search. I don't know how you could establish whether he'd bought it, and he might have licensed it XS.

[1] Mind you, it's a very direct copy:
You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless (i) the proposed use is allowable under an Extended License which is available for the Content; or (ii) if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should either obtain an Extended License or contact iStockphoto’s Client Relations for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

So if I were you, I'd take it up with CR, but sometimes they lean towards the buyer.
Good luck

heywoody · « **Reply #2 on:** May 18, 2012, 17:58 »

On the one hand I guess it legally depends on the allowable use for the licence that was purchased (if any). On the other, perhaps the cow or it's owner should get a cut from the money you make on the photograph?

TheDman · « **Reply #3 on:** May 18, 2012, 18:35 »

Thanks ShadySue, didn't know the policy on this. It's certainly very recognizable as the content - so recognizable in fact that it came up as a match on that photo in a Google Images search - but I have a feeling that you're right about CR not paying it too much mind.

heywoody - I don't think you need signed model releases from cows on public lands.

click_click · « **Reply #4 on:** May 18, 2012, 18:45 »

I truly hope with your 200+ sales you made more than the 280 pounds he asked for.

I personally think it's disgusting that this guy calls himself an artist. It's a copycat that's what he is.

Here is more:
http://www.affordablebritishart.co.uk/details.php?pid=11687
http://www.chinaoilpaintinggallery.com/portrait-painting-from-photos-c-59
http://www.chinaoilpaintinggallery.com/oilpainting/Portrait-painting-from-photos/pet-portrait-with-a-custom-background.jpg

http://www.affordablebritishart.co.uk/details.php?pid=11686
http://www.chinaoilpaintinggallery.com/portrait-painting-from-photos-c-59
http://www.chinaoilpaintinggallery.com/oilpainting/Portrait-painting-from-photos/pet-portrait-with-a-custom-background.jpg

What the heck is this now?
http://www.chinaoilpaintinggallery.com/oilpainting/Portrait-painting-from-photos/animal-painting-from-photo.jpg
http://www.chinaoilpaintinggallery.com/portrait-painting-from-photos-c-59

TheDman · « **Reply #5 on:** May 18, 2012, 18:55 »

Quote from: click_click on May 18, 2012, 18:45

What the heck is this now?
http://www.chinaoilpaintinggallery.com/oilpainting/Portrait-painting-from-photos/animal-painting-from-photo.jpg
http://www.chinaoilpaintinggallery.com/portrait-painting-from-photos-c-59

Heh, oh jeez. So it's a copy of a copy. Thanks for finding that.

As for the first comment, depends on what the exchange rate is today.

click_click · « **Reply #6 on:** May 18, 2012, 19:04 »

All details are the same - this is the same print.

Someone painted it and then digitized it to reproduce it large scale. Sad.

They probably set up several fake "artist" accounts to sell those things.

antistock · « **Reply #7 on:** May 19, 2012, 02:11 »

it's a tricky issue.

same happened with the super famous illustration of Obama "Hope" : Associated Press sued the artist and they finally settled the matter privately, no idea how much $$ he had to pay but it shows that at least in the US it's still illegal to repaint a photo without any licence or permission.

ShadySue · « **Reply #8 on:** May 19, 2012, 04:54 »

Overnight, I realised that this use is covered by an extended license. How you would establish whether this user has got an EL, I don't know. You could try CR, but like I said, if it's not dead obvious, they might not be uber-helpful, depending on who actually gets your ticket.

I found a photo of one of my icebergs on a blog with the caption, "I have no idea where this was taken, but it's really cool" On my description on iStock, you could pinpoint it to within a couple of miles, so it was pretty clear that he hadn't got it from iStock, especially as he had put locations in for other pics on the same page.
CR said, "Just because he said he doesn't know where the photo was taken, it doesn't prove he didn't licence the photo from us."
Well, OK, it wasn't 100% certain, but I'd have thought it was strong enough evidence to at least investigate whether it was licensed.
It didn't 'bother' me that much; it was a kid's blog with pics of 'cool natural phenomena' he'd sourced around the web, but it's one more place the pic could be 'lifted' from.

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Author Topic: Painting Theft (Read 4139 times)

TheDman

ShadySue

heywoody

TheDman

click_click

TheDman

click_click

antistock

ShadySue

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