Posts Tagged ‘Legal’

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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.

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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.”

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At least Rob Granito never had the balls to forge Picasso AND Bill Watterson

by Colleen Doran on March 12th, 2012
Posted In: Blog, Creator Resources, copyright/trademark, Creator Resources, Legal

A Facebook friend alerted me to this amusing takedown of an Ernie Bushmiller forgery that is so wonderfully bad I thought it was the work of some kid and the entire article was a snark fest.

What’s not so funny, is that an earlier post on the same Sparklepony blog links to a series of ebay auctions by the same gallery offering the Bushmiller piece for sale. Almost every piece looks, to my eyes, to be a big fat fake.

One of those pieces is being sold as a Shelly Moldoff original Batman, and currently has 4 bids, going for $270. Some look real: an Archie story for instance. But most of the sketches? No way.

Caveat emptor.

More than a year ago, the Pittsburgh Post Gazette nailed the very same Gallery on Baum to the wall for it’s dicey sales of comic art originals.

His critics include Jean Schulz, widow of “Peanuts” creator Charles M. Schulz; Lucy Caswell, curator of The Museum of Cartoon Art at Ohio State University; Tom Sokolowski, director of The Andy Warhol Museum on the North Side; and Joe Wos, cartoonist and founder-director of the ToonSeum of Pittsburgh.

Mrs. Schulz, who became the cartoonist’s second wife in 1973 and lives in northern California, doubts Mr. Greco’s claims of personal friendship with her late husband. She says she never met Mr. Greco — he says she did — or heard his name from her husband. Mr. Greco says the friendship predates that marriage.

Furthermore, Mrs. Schulz says she has seen no record of any correspondence between the two.

The forgeries are godawful. Even worse than Granito. Here’s Gallery on Baum’s Bill Watterson:

And while we realize Bob Kane used a lot of assistants, they all drew better than this:

I have personally been in the archives of the Library of Congress, deep below ground in those massive vaults, and have held in my dainty hands original art by Thomas Nast. This is not art by Thomas Nast.

For giggles and comparisons, have a look at the work of the incomparable Thomas Nast.

But why stop at comics? This dude…he’s got moxy. Here’s his “Picasso”.

The collection also includes a very badly drawn cow attributed to Remington. I believe I also saw a Rembrandt fake, but by that time I was crying too hard to go on.

I’m thinking this Granito needs to go down. Because even though he got outed in beautiful downtown Pittsburgh a year-and-a-half ago, he’s still at it. And making some sweet sweet bucks with innocent fans and collectors as his victims.

More fun at Cartoon Brew.

This blog has more art gems.

Now I have to go wash out my soul.

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Get the difference: Trademark, copyright, and patent

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

Handy dandy video from Jonathan Bailey of Plagiarism Today on the difference between copyright, patent, and trademark. I rarely see articles from bloggers or journalists (especially with regard to comics) that manage to get it right.

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Marvel vs Kirby: Audio Smackdown

by Colleen Doran on November 8th, 2011
Posted In: Blog, Culture, Comics, Comics History, Creator Resources, copyright/trademark, Creator Resources, Legal

The Comics Journal blog has audio of the discussion between Steve Bissette “…founding faculty member of the Center for Cartoon Studies” and outspoken creator rights advocate, and Professor Oliver Goodenough, Professor of Law and Director of Scholarship at the Vermont Law School. “Marvel vs. Jack Kirby: Legal Rights and Ethical Might”.

I’m just going to quote from the comments, because I’m going to the other side of the planet and have no time to blog responsibly.

The key to the case was the attempt by Toberoff to show, that like Siegel and Shuster, Kirby brought characters to the publisher he created at home, by himself, with no understanding he would be paid.
That is why the judge said Marvel’s case “stands or falls on his (Lee’s) testimony.”

Countering this was the testimony of Lee who categorically said he alone created every single character and basic plot by himself, and then assigned the cartoonists to illustrate his concepts.

That is why the judge said Marvel’s case “stands or falls on his (Lee’s) testimony.”

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