Paul Goldstein is a writer, lawyer and teacher. He is the author of three novels on intellectual property themes, Errors and Omissions (Doubleday 2006), A Patent Lie (Doubleday 2008) and Havana Requiem (Farrar, Straus and Giroux 2012). He is also the author of two general interest non-fiction books, Copyright’s Highway: From Gutenberg to the Celestial Jukebox (Stanford University Press, Revised Edition 2003) and the recently-published Intellectual Property: The Tough New Realities That Could Make or Break Your Business (Penguin Portfolio 2007). Mr. Goldstein has written two leading treatises on copyright law – the four-volume Goldstein on Copyright (Aspen Publishers Third Edition 2005) and the one-volume International Copyright: Principles, Law and Practice (Oxford University Press Second Edition with P. Bernt Hugenholtz 2010) – as well as four widely-adopted law school textbooks.
Archive for ‘Creator Resources’
An artist named Arabella Dorman is profiled here. She claimed to be embedded in Iraq, where she paints soldiers and faces firefights. This 2009 article claims her war paintings were exhibited in London.
Did Ms. Dorman ever go to Iraq to meet these soldiers? We don’t know.
But we know Michael Yon, an independent journalist, did. Mr Yon took the original photographs that Ms. Dorman incorporated into her paintings. We’re not talking a little swipe here and there, we’re talking wholesale appropriation constituting the major element of a final work.
Yon’s original photo from his blog:
Ms. Dorman’s sketch.
Michael Yon’s original photo:
Take a close look at the two center figures.
Ms Dorman’s work:
Taken from the figure second from the right.
Another of Ms. Dorman’s works:
She’s standing in front of a piece copied from Mr. Yon’s photo.
Have a closer look at those war weary boys from Mr. Yon’s photo, both used in Ms Dorman’s paintings.
Ms. Dorman’s narrative, which she used to sell these pieces, clearly promotes her as an artist who spent time with these soldiers, and her work’s merit was based on that context. Prints of her work are for sale on her website for $200 and up.
At the Ministry of Defence website, the sketch from Mr Yon’s photo is displayed, along with the claim that the model sat for Ms Dorman.
If she did go to Iraq, there is absolutely no reason she needs to be plagiarizing the work of a photojournalist for her reference sources.
I’ll refrain from comment on the quality of Ms Dorman’s works. Except to suggest the Ministry of Defense might do better to hire some cartoonists I’d be happy to point out to them, if they want quality portraiture and lively visual narratives.
This whole thing leaves a really bad taste in my mouth.
These photos are © Michael Yon and used for purposes of commentary. Mr Yon’s FB page is here.
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Legislative Reform and Work For Hire
by Colleen Doran on May 15th, 2012I announced “I Quit” to my activism efforts with regard to creator rights just the other day, though I’ve been telling my peeps I was getting out of the game for some months. My frustration at being completely unable to convince my colleagues to concentrate our efforts on legislative reform, as opposed to trying to convince billionaire CEO’s to throw creators a bone, finally sent me over the edge. I’m going to draw comics and putter in my garden.
Fortunately, there are better, more resilient minds at work on the problem, and I strongly advise you to read this article at The New York Law Journal, “Sounds Like a Broken Record: Analyzing legislative failure and the copyright doctrines of work for hire and termination”. It addresses the Jack Kirby case (which, I still believe, may be a lost one,) as well as other serious problems with the application of the work for hire doctrine and the “instance and expense test”.
There are also very important words about independent musicians and self funded projects. For more information about Sound Recordings as Works Made for Hire, GO HERE.
The goal of the Copyright Act’s termination provisions—”to relieve authors of the consequences of ill-advised and unremunerative grants that had been made before the author had a fair opportunity to appreciate the true value of his work product” —are undoubtedly noble. This sense of fairness, however, does not necessarily carry through to Congress’ failure to include a provision in the Copyright Act’s definition of a work for hire so as to recognize works created the hiring party’s “instance and expense.”
Thanks to Jeremiah Avery, who is always coming up with great links to share with you.
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This is not how to swipe like a pro: Black Mermaid Plundered UPDATE
by Colleen Doran on May 1st, 2012The original painting by Jozef Szekeres.
And the plagiarized copy is here on DeviantArt.
A second piece, also plagiarized from the work of cartoonist Jozef Szekeres is here, cribbed once again by GodAbel on DeviantArt, who responds to accusations of plagiarism with cavalier disregard and laughing emoticons. Notice how Josef’s signature has been carefully removed in the first copy, but in the second, it’s there in the lower right corner.
Repeated requests by the real artist for removal of the piece over the last two days have been ignored.
Tributes and studies are one thing. Posting work like this without any credit to the original artist is another entirely. Especially when DeviantArt has a feature which allows people to buy prints of the stolen art.
Don’t do this.
If you would like to support the actual creators of these mermaid works, check out the comics and art available at Black Mermaid Productions.
How ethical artists use reference.
UPDATE: The art has finally been removed. But not before some ugly email exchanges with Jozef Szekeres where GodAbel accused the real artist of being a big old arrogant meanie.
Let us ponder the arrogance of an art thief whose name starts with GOD.
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