Archive for ‘copyright/trademark’

94 items.

Copyright Expert and Stanford Prof Paul Goldstein at Library of Congress May 24

by Colleen Doran on May 23rd, 2012
Posted In: Blog, Creator Resources, copyright/trademark, Creator Resources, Creator Resources, Education

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.

└ Tags: , ,
  Comment

“War Artist” Arabella Dorman sure likes the work of war journalist Michael Yon. Too much.

by Colleen Doran on May 22nd, 2012
Posted In: Blog, Creator Resources, copyright/trademark, Creator Resources, Creator Resources, Legal

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.

└ Tags: ,
4 Comments

Legislative Reform and Work For Hire

by Colleen Doran on May 15th, 2012
Posted In: Blog, Creator Resources, copyright/trademark, Creator Resources, Creator Resources, Legal

I 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.

└ Tags: , ,
  Comment

This is not how to swipe like a pro: Black Mermaid Plundered UPDATE

by Colleen Doran on May 1st, 2012
Posted In: Blog, Creator Resources, copyright/trademark, Creator Resources, Creator Resources, Legal

The 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.

└ Tags: ,
7 Comments

Arts and Letters Links: Copyrightable characters, Imaginative Realism

by Colleen Doran on March 20th, 2012
Posted In: Creator Resources, Art How-To, Blog, Creator Resources, copyright/trademark, Creator Resources, Creator Resources, Legal

A lovely article on imaginative realism, art that combines realistic technical skills with fantastical subject matter, like this gorgeous piece by Donato Giancola (©2012).

This year, the Association of Fantastic Art in coordination with the Allentown Art Museum, Pennsylvania, USA, will be putting on a groundbreaking exhibition: At the Edge: The Art of the Fantastic, from June 3 through Sept. 9, 2012.

Donato also has a new video on his art technique which chronicles his work on a large scale painting of Joan of Arc. You can buy the dvd at his website.

In this film, Donato provides step by step narration as he creates Joan of Arc, from initial abstract concepts, reference gathering, and detailed preliminary drawing to the final application of oil paint and glazing mediums. His extensive professional knowledge and intimate trade methods provide the viewer rare insight into how to create a complex and detailed narrative work of art.

A few weeks ago, I was on one of those websites which sell painted reproductions of classical art. All legal, because all is out of copyright. However, I found a number of Donato’s paintings for sale on the website. I dropped a note to Donato and the art was removed quickly. Seems the site did not realize Donato was not an old master.

If you’re going to have your work stolen, that’s the only way it could be considered a compliment.

An very interesting article on whether or not characters enjoy copyright protection. Every creative should read all of this.

In Detective Comics, Inc. v. Bruns Publications, 111 F.2d 432 (2nd Cir. 1940) the Second Circuit was asked to determine whether a comic called Wonderman infringed on the Superman copyright. Wonderman argued that “various attributes of “Superman” find prototypes or analogues among the heroes of literature and mythology” Id. at 433. The Second Circuit disagreed, finding that the “pictorial representations and verbal descriptions of ‘Superman’ are not a mere delineation of a benevolent Hercules, but embody an arrangement of incidents and literary expressions original with the author, they are proper subjects of copyright and susceptible to infringement.”

└ Tags: , ,
1 Comment