Ear_Candy's blog

Make money, make money, make...

posted by Ear_Candy, Mar 14, 2009 9:23 AM — 9 comments

One one hand, someone's stealing my work without my permission and making money (circa 90€ per painting) with it.

On the other hand, she credited me as the artist. Moreover, I'm no worldwide renowned designer, so they won't sell massive quantities of those products.

Should I bother ?

Comments | RSS

1. posted by Smicko, Mar 16, 2009 10:18 AM

Wow this is difficult situation. I personally would contact the woman and tell her you want a % of the price. Its only fair.

2. posted by Ear_Candy, Mar 16, 2009 1:01 PM

Thanks for the reply, Smicko.

You're definitely right.

But making images is a hobby for me, and unfortunately, I've got no time to waste chasing money (except in the case the girl would sell thousands of it, héhéhé).

Great gallery of yours, btw.

3. posted by jonfletch, Mar 16, 2009 4:51 PM

I'm no wroldwide renowned designer
- I think you do yourself an injustice - your images are really good.

I'm new to this site, so don't know exactly how things work, but what the woman is doing seems to go against the whole ethos of the site.

I understand that you might not want to chase the money but it just seems unfair.

4. posted by Smicko, Mar 16, 2009 6:31 PM

Thanks Ear Candy!

I know what you are saying. Just do what you think is best. She should of been as polite as to contact you and tell you that she was using an image.

Your images are quality and to take your work is to take away your talent and effort.

Regards :)

5. posted by sami92, Mar 17, 2009 10:25 AM

well selling without ur permission is infringement isnt it??

6. posted by Ear_Candy, Mar 17, 2009 6:01 PM

Indeed. A sad affair ;^)

7. posted by gemnerd, Mar 19, 2009 9:38 PM

If you don't protect your copyright, then a precedent is set through your pattern of nonprotection. You can lose the copyright even -- because you didn't protect it.

This may seem like a small issue, but what if someone used your image in an ad campaign for which the agency received beaucoup bucks? Shouldn't you be entitled to a portion? Or at least recognition?

Or what if the usage was for something you didn't approve of?

You need to send this person a "cease and desist" letter and also notify eBay of this through their reporting protocol. I did this once on an image of mine, and eBay removed the posting.


8. posted by jseitrich, Apr 22, 2009 7:46 PM

Re-create the product and sell it yourself. ;-)

9. posted by pelican200, Jun 2, 2009 12:06 PM

Your work is right up there. Commercially in a gallery these would sell. What as a point of interest is the software your using? Truly great stuff, I'd give up whatever you are doing for a living and concentrate on this.

Oh yes, I think you can claim intellectual property since you originated the files and hold the masters. See her in court, she wouldn't have a leg to stand on, shes seen the commercial potential, its your right to make a living with this stuff, shes clearly violated the rules.

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