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Lorne.T

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Posts posted by Lorne.T

  1. 3 hours ago, the blob said:

    It is different than your own original photo. Your scan of the page is a possibly derivative work. You have no right to license it without the permission of the underlying copyright owner. While your CAF scan might be a derivative work, frankly, I question whether it would receive its own copyright protection. Reading this circular from the copyright office, I actually wouldn't assume you have any IP rights in your CAF scan: https://www.copyright.gov/circs/circ14.pdf   If you did something that added to or transformed the image, perhaps. But yeah, if they need something better than the CAF image, you doing work to get them a better image ought to get you some compensation. Time is money.

    I don't have anything on CAF, so no issues there. I'm talking in general, mentioning my current case with a US company using my work unauthorised, that will pay way more than had they asked, as the work is copyrighted in the States. My comment is a general one concerning anyone that helps out a company that's going to make money from what you've given them.

  2. 16 hours ago, the blob said:

    huh? Isn't it just one of many potential images they'd like to use or do they want to put every perez cover in?

    it is george perez's IP though. which i assume DC owns (I don't know what their arrangement is). it is not the OPs work. it is actually a violation of copyright law for you to take a photograph of the perez page and sell the image without perez or DC's permission. you have a derivative right to control the image that you generated, but you don't own the image per se and have absolutely no right to license it without the underlying owner's permission. honestly, the only reason you can display the image on CAF is that there is a general fair use exception in copyright law that usually allows you to display the image of a physical object you own even if you don't own the underlying IP

     

    All I'm saying is if everybody turned them down they wouldn't have a book. Why should a company make money using something you own, that's probably cost you a lot, without paying for it? I've currently got two disputes with two companies who thought they could use my work for free. Although based in the UK, one picture is registered in the US, so they'll end up paying big style for their "mistake".

  3. 11 hours ago, the blob said:

    This is a $100 hardcover or something? I guess they're not doing a TPB version anytime soon?

    Any idea how many they anticipate printing? If they're only printing 500 or 1000 I can see the issue here as if they have to give away 50 copies to get images. Shipping costs shouldn't be an issue, it costs $4 to ship a book, but if they're spending $25 a book to print them...

     

     

    Without "my" art there would be no book. Payment + a comp copy.

    I work as a photographer and it pains me to see someone giving away their work for free, to anyone that's going to make money from it.

  4. Curious on whether people will hold on to Cameron Stewart's art, or. try to quickly offload it, after the news in the last day or two?

    https://bleedingcool.com/comics/dc-drops-cameron-stewart-comic-after-harassment-allegations/

    Does this sort of story taint the art you have, especially as he was previously a sought after artist?

     

    There are music acts who's tracks I still listen to after various allegations that have tarnished their reputation, so wondered if people felt the same way re their art collections, or have banished the pages to the back of a folder?

     

     

  5. People just asking for a credit. A credit should always be given.  This is unauthorised use.

     

    2 hours ago, ESeffinga said:

    They didn’t use his photo because he took it, or how artfully it was shot.  They used the photo because of what it was of.

    That doesn't matter. They needed the picture. They chose his picture over all the others out there, if there are any of the same shot. He deserves payment. 

  6. Double check, but you may be able to register your image now and still be able to claim a large amount from them.

    https://petapixel.com/2015/08/05/how-to-officially-register-your-photographs-with-the-us-copyright-office/

    You can register up to 750 pictures for the same payment so it may be worth having for the future. If registered it means you can get way more if you use a lawyer.

     

    If you can't be arsed doing that, you could drop Pixsy a line, and they might be able to do it for you, though you'd get way less if not registered, and they'd take half the money.

    https://www.pixsy.com

    I work as a photographer, shooting music events, mostly for Getty Images (so currently unemployed!) and make sure I always get paid for my work, if unauthorised use takes place, unless it's just some kid putting it on a blog.

    http://www.lornethomson.com

    Yeah, it's a great feeling seeing a picture of yours on TV, but they used it without your permission, and it's a very large company, so they certainly had the budget to pay you.