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  #1  
Old 07-24-2006, 03:55 PM
ShaunOBoyle ShaunOBoyle is offline
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Artistic Reference

Wanted to get other photographers view on usage of your photographs for artistic reference, and how to set a fee for this. In other words, usage where another artist uses you photograph to create an illustration, animation, 3D environment for computer games, writing etc. using your work as a starting point.
I found a illustration that blatently uses one of my photographs as a reference for the illustration without permision or payment, and they are charging $795 for this illustration, any thoughts on how to proceed on this?
Here is the photo.
http://www.oboylephoto.com/illustrat...lustration.jpg
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  #2  
Old 07-24-2006, 05:19 PM
Oleg_Shpak Oleg_Shpak is offline
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Re: Artistic Reference

Shaun, I do not have an answer on you question. But it seems that if ten photographers would make the image of that thing, all images will look the same.
So how do you know that illustration uses you image? It looks like their image is taken from more far distance than yours.

Quote:
Originally Posted by ShaunOBoyle
Wanted to get other photographers view on usage of your photographs for artistic reference, and how to set a fee for this. In other words, usage where another artist uses you photograph to create an illustration, animation, 3D environment for computer games, writing etc. using your work as a starting point.
I found a illustration that blatently uses one of my photographs as a reference for the illustration without permision or payment, and they are charging $795 for this illustration, any thoughts on how to proceed on this?
Here is the photo.
http://www.oboylephoto.com/illustrat...lustration.jpg
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Old 07-24-2006, 06:49 PM
DouglasUrner DouglasUrner is offline
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Re: Artistic Reference

First and foremost, have you registered your copyright on your images? Registering your copyright is a critical step towards being able to actually defend your copyright. If the images are not registered you still own the copyright, but you are prevented from recovering costs or any punitive damages. Thus the bottom line is that you're often in a position where there is little that you can do about infringements.

Next, how sure are you that it is your image that was infringed? As Oleg pointed out, there isn't anything that says to me "this must be Shaun's image." We could be very wrong about that -- but do think about how you would make that argument and make it stick.

Obviously you may not be able to tell that it is your image that was used as the basis for the art, so you may want to proceed with the assumption that there might be a reasonable explanation. You might want to consult with an attorney who specializes in copyright issues to learn what you would need to do to prove infringement. If you're uncertain that you can prove infringement, but are mighty suspicious, you might make a gentler and smaller demand and see if the just happen to pay up . . .

At the ASMP website there are some good resources on copyright law and registration.

HTH, Doug

BTW, your images from "The Boatyard" are chilling and wonderful. Would you mind saying where it is (must around NYC from the boats that are there, but I don't recall seeing it -- and it's exactly the kind of thing I'm on the look out for :-)
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Last edited by DouglasUrner; 07-24-2006 at 06:55 PM. Reason: Clean up after Google's spell checker.
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Old 07-24-2006, 08:02 PM
Oleg_Shpak Oleg_Shpak is offline
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Re: Artistic Reference

Doug,
if you know how it looks from the sky and approximate location, you can try google satellite maps to find it. I found several places that are not on the maps this way
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Old 07-24-2006, 09:32 PM
DouglasUrner DouglasUrner is offline
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Re: Artistic Reference

Of course! I've got a pretty good idea of where it is -- off to go Googling (which is now officially a verb). Thanks for the idea.

Doug
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Old 07-25-2006, 01:09 AM
DouglasUrner DouglasUrner is offline
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Derilict Boats

Found a likely candidate at:
40 degrees 33' 22.62" N
74 degrees 13' 01.10" W
Doug
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Old 07-25-2006, 10:11 AM
ShaunOBoyle ShaunOBoyle is offline
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Re: Artistic Reference

Thanks for the responses.
I cant guarantee that she used my photographs for reference, but it is highly likely, with the light streaming in as is was the day I was shooting, its not likely to have someone repeat that without really spending some time doing so.
I'm not out to sue the artist, I wouldn't go to court over this, but do want to know my options, its a pretty unethical practice for an illustrator to borrow so heavily from anothers work without even dropping a note to ask, or offering some type of credit.
Most stock agencies charge full or near full price for artistic reference usage of photographs.
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