Author Topic: Artist has copied my image without my permission (Read 4784 times)

StockMania · « **on:** March 06, 2018, 16:38 »

I walked past an art gallery in my town today and saw an exact copy of one of my images in a painting format? Is this legal? I read through the licencing on the stock sites and don't see anywhere where this is permitted? Any advice would be appreciated!

obj owl · « **Reply #1 on:** March 06, 2018, 16:45 »

It wasn't a popular local beauty spot by any chance?

Sean Locke Photography · « **Reply #2 on:** March 06, 2018, 17:09 »

Quote from: StockMania on March 06, 2018, 16:38

I walked past an art gallery in my town today and saw an exact copy of one of my images in a painting format? Is this legal? I read through the licencing on the stock sites and don't see anywhere where this is permitted? Any advice would be appreciated!

Yes, if they licensed the image and it is just a one off, it is likely within the terms.

StockMania · « **Reply #3 on:** March 06, 2018, 17:29 »

Quote from: Sean Locke Photography on March 06, 2018, 17:09

Quote from: StockMania on March 06, 2018, 16:38
I walked past an art gallery in my town today and saw an exact copy of one of my images in a painting format? Is this legal? I read through the licencing on the stock sites and don't see anywhere where this is permitted? Any advice would be appreciated!

Yes, if they licensed the image and it is just a one off, it is likely within the terms.

Which licence allows this? According to my understanding of the Standard and EL someone can incorporate element into an artwork but not make an exact copy. It's not a one off as the chap is selling prints of the same painting. On an ethical level, this is offsides. He selling himself as an artist but has stolen someone elses creative talent.

Sean Locke Photography · « **Reply #4 on:** March 06, 2018, 17:42 »

Quote from: StockMania on March 06, 2018, 17:29

Quote from: Sean Locke Photography on March 06, 2018, 17:09
Quote from: StockMania on March 06, 2018, 16:38
I walked past an art gallery in my town today and saw an exact copy of one of my images in a painting format? Is this legal? I read through the licencing on the stock sites and don't see anywhere where this is permitted? Any advice would be appreciated!

Yes, if they licensed the image and it is just a one off, it is likely within the terms.

Which licence allows this? According to my understanding of the Standard and EL someone can incorporate element into an artwork but not make an exact copy. It's not a one off as the chap is selling prints of the same painting. On an ethical level, this is offsides. He selling himself as an artist but has stolen someone elses creative talent.

Sorry, from what you initially said, it sounded like a someone was just displaying a painted version, which may not be against something like SS terms - "Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.". Like if they were using it to advertise a show or something, would be fine.

What you described now, definitely isn't fine.

StockMania · « **Reply #5 on:** March 06, 2018, 17:53 »

Sorry, from what you initially said, it sounded like a someone was just displaying a painted version, which may not be against something like SS terms - "Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.". Like if they were using it to advertise a show or something, would be fine.

What you described now, definitely isn't fine.
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That's what i thought.... i will issue him with a take down notice and if he does not remove it i will take legal advise... it is give free in the UK for copyright infringement...

ShadySue · « **Reply #6 on:** March 06, 2018, 18:30 »

Do you sell via Alamy? The personal use small sale allows for "reference for an artist", and it doesn't seem (on a quick shuftie) to be spelled out that it shouldn't be a direct copy. (I'll be glad to be found wrong on that).

SuperPhoto · « **Reply #7 on:** March 06, 2018, 19:16 »

It might have not been a painting - but rather a "print" - in which case, yes - you can sue him/take legal recourse, because he/she is passing it off as his/her own. Please update - I am curious what it is... Do you have a picture of it you could post here (just out of curiosity I'd like to see what it was)