Apifera Farm - where art, story, animals & woman merge. Home to artist Katherine Dunn

Apifera Farm is a registered 501 [c][3]. All images ar©Katherine Dunn.





Thursday, November 12, 2009

Copyright infringement

UPDATE Friday, 11/13. The blog owner took the images down [although she has now posted the same copyrighted story of Platero and replaced my images with images from the British Museum which appear to be in accordance with their usage on their website. http://ora25.wordpress.com/2009/11/11/magarusul/] She has now added a quote at the bottom of each of her posts "If you are the owner of this art and object please contact me." Her readers seem to think I'm an ungrateful hussie for not looking at this as PR. One of her readers thought they were being quite funny by calling me a 'donkey' -ha ha- 'ass' since most of the work posted was my donkey art.

This was clearly NOT FAIR USE, as described by the copyright laws. Firstly, she took 16 images [not thumbnails, not crops, full size images]. Many of the images included my donkeys as the main theme, including some from my own children's stories about my donkeys. She then placed them as illustration for a copyrighted book/text of Platero, a story about a donkey [and a lovely story]. This last fact made the infringement even more upsetting for me. As an aspiring author, to have my art used to illustrate another book...um, excuse me, to we all see the conflict. She seemed to think she was 'transforming the art', hence 'fair use.".

There is much confusion among bloggers about copyright. Here is a Blogger's Legal Guide. I thought one more person might understand that just because you put a credit on an image, it does not give you the right to post or use an artist's image without consent or negotiation.Just becasue you have a 'share bottun' on a post, doesn't mean you can take images and illustrate another person's book with them. She obviously doesn't understand, as she continues to post daily a copyrighted book or poem, with art from other people. If someone gave her permission to do this, fine, but ask first.

And what about common curteosy? I always ask people or alert them if I want to post a photo. And for lordi sake, if I posted SIXTEEN of them...which I wouldn't think of, but um, think I'd pretty much ask permission.

Also, this idea that I as an artist should just be thrilled to have anyone post my images to gain more recognition is nonsense. I work very hard to create art for a living, and to create beloved characters from my animals to put in my stories. I don't appreciate having anyone placing my images of my donkeys next to the words of a published book, and I'm sure that author would not be too thrilled either. This person also felt she wasn't doing anything wrong becasue she put a link to my site at he bottom of her post. She cropped out my © insignia that was on the images.Now what happens when 100 others copy the images of her blog.

Thank you to so many that wrote her comments on the blog. You came through for me. Lesson: Don't mess with my donkeys.
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My images are being used without my consent. Feel free to leave a comment on this person's blog post [as I have done].

http://ora25.wordpress.com/2009/11/11/sufletul-cetii/

Here's someone who thinks it's fine and dandy to copy and post a multitude of my images, and then write a story around them. Gr---rrr--r-r-r-.

This is NOT alright. From what I can tell by the Romanian-English translation, he/she [there appears to be no link to send an email directly to this person so I wrote a comment] is either writing a story up, or not sure. This same blog has tons of other's art, from what I can tell, and then writes story narrative around it.

I really get irritated when this happens. It is not ok to just cut and paste people's art, and using it in such an arrogant way. I often give people the permission to use my art, and welcome certain shout outs on the internet, but taking this many of my images, without asking, is not only against the copyright laws, it's arrogant.

Post a comment to them if you'd like. Perhaps that will get this person to learn something.

8 comments:

Teresa said...

Well that's just NOT okay!
I am popping over there right now to see who would just take and use your lovely art!
XXOOXX

giftsofthejourney said...

What cheek!

It looks as if it's gone now. I did see it earlier before they pulled it. I can't believe that someone would do that.

Call me Miss Naivete.

ora25 said...

I'm very sorry, I removed all your images. The story around them was written by a Nobel Prize Winner - Juan Ramon Jimenez - "Platero and me" - a nostalgic story about a donkey. The source of the text and of YOUR IMAGES was clearly indicated at the bottom of the page. And your name - as an author of the images - was linked to your site!
Please accept my apologies,
Ora25

Alex Moldovan said...

Hello. OK, you are right, this might be, strictly speaking, a copyright issue. Though it's very important to state that there were no material advantages whatsoever coming for ora25 from posting your illustrations. And that she did post your name and website address very accurately, not pretending that she was the author of your works (any any other), thus opening a door to your creations. Due to her action, people had a chance to visit your site and check the rest of your drawings. As far as I'm concerned, it was an unique opportunity to introduce your art to a small Romanian public.
Have a nice day.

giftsofthejourney said...

Don't know if you saw this...

" ora25 Says:
13/11/2009 at 11:10
Finally you children, an artist alert and quite hysterical cries of all my r─ârunchii to remove the pictures from his site, that it infringes the rights. During the night I got only 20 emails from the nice lady, plus any three mails from his friends. So much loved donkey had to get really fog up when I simply make 'protected' and will remove the link lady artist, to not be afraid of it has links abroad. Very sorry I am! "

Cathy said...

Alex, whether or not Katherine's work was attributed, it is NOT cool to use it like that without her permission.

Apifera Farm said...

Learn what copyright laws are.

Thanks to all who wrote comments to the Romanian blog.

Alex- I often give permission to people to use my art. I would not have allowed any images to be used in this manner, next to another published author's work. Not would I have allowed 16 images to be used at once like this. Nor would I have allowed my © to be cut out of the images.

Ora- thank you taking the post down.

Case closed!

Candice Hartsough McDonald said...

i think having the copyright symbol cut out altogether is the very worst part of all of this. imagine you DID feel flattered to have your work on that site. but then someone else comes across the images of your work on that site, and "borrows" them as well. now they are on a third source, and no longer have any of your information, so they are just these random images floating around on the internet. NOT COOL.

glad it was resolved peacefully.

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Thank you for reading! The farm and my art/writing keep me hopping, so might not respond immediately. Thank you for understanding. ~Katherine & Apifera ~