This is so sad! You really were diligent about tracking the music cd infringement issue down. I admire you perseverance and tenacity to look the person up and the platforms that sold the music, finding and filling out the form. I am glad you had success with that particular issue. Great information! You presented it very well. I know this video is several years old. I thank you for posting it and all you do for the art community! :)
Another tip i learnt is to always document your production processes....either by video or photos. Either upload photos to an online place (instagram or email), or upload a process video to TH-cam (public or private). Somewhere with a legit date stamp. I will say that when i was in undergrad and was learning graphic design, i did trace low rez works for projects if they were not 'high quality' enough for me. So i could argue that i created the work because i had 'proof' that I created them, because...well, I did, however the idea was never mine. But, i was aware of copyright laws/rules, but i also knew they were simply for class. So yeah. So please document your process and upload. Also, another thing you could consider regarding watermarks.....I usually include my signature/name HIDDEN WITHIN the artwork as PART OF THE ART (whether drawing art or photography). This signature within NEVER goes away. You could try that. I assume it will help a lot if someone does recreate your work, and if you never uploaded the processes before they did. Good luck to all of us.
@@EllenBrennemanStudio Also to add to that is mailing the artwork to yourself. Its something a professor of mine told me to do in art school. When you mail your own artwork to yourself you leave a trail. Also since it technically goes through your federal government, it is theoretically supposed to hold up if you ever end up in a lawsuit (which I hope you don't have to). Now I don't know if it truly works, but honestly worth a shot. He said to do it with original work, but if you're unsure of it just mail a copy of your own work to yourself with a written signed note (use your business cred/ stationery if you are registered as a business) with the timestamp and confirming that you are the artist. I know its annoying to do that with all artwork, but try doing it with all your bestsellers or ones that are most popular. I still can't believe we have to go through this. But ya know what, someone once told me "if they want to steal it, no matter how hard you try they will find a way to do it". You just have to find a way around it, I suppose. Good luck and thanks for the informative video. :)
I'm pursuing a BFA in Illustration currently and we've had several classes on things like promotion and understanding copyright. One thing they say to do is try going directly to the person who stole your work first because, as mentioned, sometimes it's just ignorance or a mistake and they'll be willing to apologize or make things right. Also, as far as selling high-res images, you can have a contract stating that the image purchased may only be used for the purpose intended for a set amount of time, so for the yearbook example, she could've had the contract say that the panther image may only be used for a yearbook cover for that school for that year. If the school violates that contract, she is within her rights to sue.
Etsy and Ebay have protective departments for intellectual property, and they take it seriously. You may not get the money, but they will ban the users.
Register with U.S. Copyright office. I am an amateur photographer and have had pics stolen and am thinking of registering any new ones I put up on the internet. It's not that expensive (don't know about paintings) and you don't have to prove damages since the penalties are statutory.
YOU ARE ONE SWEET GAL, anyone watching your vids benefits greatly. i'm an artist but i don't sell online. Right now watching vids to learn about issues that you touch on. Thankyou Ellen
Hi, Ellen. I just wanted to say thank you for the information you’ve shared. I just came across your channel this morning, and the three videos I’ve went through so far have given me more good, clear, practical information about the business of art ( and the art of business for that matter ) than any other source I’ve had previously. A lot of good information, easy to understand, and in brief. Really great, and I appreciate it. Thanks again, and all the best.
It’s stinks to feel powerless, it very scary that you don’t know what happens with artwork once you put it out there . Thanks Ellen for you information 💕
@@EllenBrennemanStudio copyright infringement would be top my list that scares me about selling online , they have people with alot leverage they could steal your art and fine you
Thank you for sharing all about your experience and important tips. 🥰 As an artist myself, it was painful listening to your story because I too have had art images stolen and used. I wish there was a way to stop this theft but it seems to only get worse.
When I took an art class, I was putting my oil painting in the storage room; much to my surprise there were several knock offs or copies in the storage room. I confronted the art teacher, he said the night school apparently did not stop this. I will mention it.
Ellen, In addition to the low res. images, make sure the site you have your images disables the right click. I created my site with WordPress and used a photographic theme. That theme includes a right click disable function. The only thing they could do is do a screen copy which creates a really bad copy.
Thank you Ellen. I just clicked the link in above for that Bahrain site and it looks like now they no longer have your artwork. Lots of random board games and things show up, but none of your images.
Thank you Ellen Brenneman for this useful and first hand information!! Your advice and knowledge is appreciated. Fraudsters and scammers taking advantage of artists creative images/art should be exposed and I definitely agree that WE ( those artists reading this too ) need to report such thefts. There is zero reason artists should be helpless because of overseas fraudsters or domestic scammers cashing in on our talents! I know this is part of the art business, having to deal with copyright infringement or others trying to make a buck off hard working artists. BUT - if artists work together and spread the word on scams we can work to put those thieves out of business or at least inconvenience them. Thank you again Ellen, cheers!!!
I lived on the very popular island of St Thomas and many corporations bought great art for pretty cheap from our art galleries and we saw a lot of it months or years later on their package designs. That's pure evil.
Thank you for sharing that Ellen, that really must hurt and I'm sorry you had to go through that … It made me so angry and frustrated just listening to you.
My problem is I told someone I would do, in a sense, a free commission, which I've never done commissions before. After getting the reference photo, I realized if I do this, it'll be a lot of work and it seems to be a bit out of my art style all together. I now don't know how to say I changed my mind, and wonder if I should just do it eventually, or let that person eventually forget about it all together lol.
May I ask what resolution exactly you mean by low? What resolution makes it impossible to get a print, but it will still look good for potential buyers?
There are so many people online trying to make money and a ton of scam-artists ripping you off that it all seems so lawless because it is...and there's not a lot you can do about it...It's just not worth the trouble : (
Never post high resolution photos on your website. Use the lowest resolution that will give a good pic of your work to advertise. Always copyright your work before you post to the public.
@firstlast2034 Copyright doesn't help you unless the person or organization is in your country or state or you have an exact way of reaching them . Then, you can send them a cease and desist letter. Other than that, copyright doesn't help. You have to be able to track down the person. Usually, people who do this are in foreign countries and since the crime is done via the internet, it's hard to stop.
@@EllenBrennemanStudio I'm just glad I ran across your video before I posted more on Amazon. I only had 10 paintings posted on there. they don't just take your images they copy your whole shop onto their site.
Good video, thanks. The word you were looking for to describe the story in your head is "indignation." We can get so indignant when things like this happen to us.
OMG! I had the same experience! I just found out a little twerp is using one of my paintings for HIS CD cover selling on Spotify! "Anger" is a an understatment! Spotify wouldn't respond to my request for information on the thief. :(
This is my first time watching your video. Thank you for your friendly, informative advice and encouragement. I felt I could relate to the topics at hand. I am just starting to venture into art as a business and already feeling overwhelmed, and at the same time excited. I want to hear more of your thoughts. You make a difference.
Sorry to hear it. I've had it happen to me as well. And I don't have anything good to say about lawyers who say, "yes it's illegal, but I can't make enough money to bother with it".
I'm sorry to read this, Michael. I agree, there should be SOMETHING that can be done to aid artists. All I can think about are the artists whose work was used by Urban Outfitters. Going against large companies especially proves to be so challenging since they have enough money to hire the best lawyers. :(
Hello. I have been wondering about an original painting I have done that is modelled after someones on line photograph. My painting had turned out brautif and gives a fait accurate rendition but not exact copy of the photograph. I was unable to get info on the photo let alone contact the photographer. Any suggestions?
Wow....so infuriating and frustrating especially if they're really going to bank on it...in both your case and the first person's case. Also upsetting when attorneys tell you "it's not worth it for us to take the case". I'm SO nervous about this, especially just starting out. Very glad this person apologized to you. No one is perfect but wow.
I am open to reuse, but the interested party has to sign a contract before I give them a high res image. Treat it like stock art. But have them sign something stating that it is only allowed for a one time use.
Hi ya hun I have a question about copy right as in I am a Artist I have watched TH-cam I have learn styles and techniques from other artists I am gaining followers. I have now have a TH-camr attack me telling me I’m a fraud and I’ve stolen her art style and I’m plagiarising her work.. I have not copied any of her work I have painted it myself added my own things created my own things with the similar techniques.. she publicly put all my paintings AND my face on her Facebook page and called me a fraud.. what is your view if I paint a black panther now that you’ve painted a black panther ?? She is telling me I’m not allowed to paint a red poppy again cos that is plagiarising her painting ????
There is a difference between being inspired by another artist's work and reproducing their work (making it look identical) to claim as your own to sell. My style is often used as inspiration in other artists work but a style cannot be copyrighted - if it was, there wouldn't be an Impressionist period, or a cubist period, etc. There are very few original ideas anymore and everyone is inspired by something/someone; that is how we learn. If I felt that upset about another artist's work I would reach out privately, NOT publicly in order to form some sort of communication and bridge an understanding about what the problem is so it could be resolved. Think about what you can learn from this lesson and then move on from it - and please don't stop creating ❤️
@@EllenBrennemanStudio Ellen I am mortified I actually did a TikTok of me ripping up all my art. because of this personal attack.. I honestly feel like this person has become extremely jealous maybe. I’m not sure I’ve had so many people give me their opinion that my art does not look like theirs.. I have not bluntly copied their work I do paint similar I have also credited this person.. O Ellen I feel broken I’ve been called a fraud and I’m plagiarising I just don’t know what’s right any more i’ve spent days researching it talking to other artists.. tears
@@Karlena_Lewin_Studio I wish there was something I could say to make you feel better 😞 I see that you made every attempt to do the right thing by crediting this artist; unfortunately, he/she used this against you. Please be easy on yourself; give yourself time to heal - maybe time away from your socials if necessary - but my opinion is this: don't let this person stop you from doing what you love. Focus on your followers who enjoy your work and keep creating ❤️
@@EllenBrennemanStudio thank you Ellen 🤗 I would never ever do this to other Artist if I inspire someone I love that, no 2 paintings are the same, I congratulate them.. i encourage them.. i’ve never experienced anything like this before she is threatening me that none of my work is mine she owns it all.. if I sell it I will be sued.. how do I find out the correct law who is in the right here ?? She is in the UK I am in New Zealand I have had like 10 professionals tell me I’m doing nothing wrong but I’m just frozen i’m someone that would paint every single day and I’m just frozen..
@@Karlena_Lewin_Studio I can only give my opinion here, but it is my understanding that you can only be sued if you have copied her work and tried to sell it as your own - you cannot be sued for being inspired by someone else's 'style' of painting. If in doubt, I suggest doing research online; I'm sure there are others like you with the same question. Of course, the best thing would be to hire an attorney for an hour of legal advice if you can afford it. Best of luck to you!
Hi Ellen, Thanks so much for sharing this! I'm going to watch your video on making watermarks. I use an iPhone to take my photos. Do you know how to change the resolution to low res on an the device?
we had our art work copied and sold to mainstream mega stores (eg.Wal-mart). Mass produced in China for a greatly lower price. Legally, anyone can change an object by more than 16% and then it is legal. There are buyers who travel the world, and grab onto brand new ideas and copy them, adding whatever is needed to change it by 16%. Lawyers say that you must flood the market before it is copied, and then get out. This is in Canada.
You wrote: "Legally, anyone can change an object by more than 16% and then it is legal." What you are talking about is called a derivative work. Copyright is an international law, but in the US, this ('change by more than 16%') is not the case. As an example, song writers have won copyright claims over only a few distinct bars of their music contained in other songs. (So, the use of only a few seconds out of a 3 minute song.) You still own copyright in works derived from your art (as in the person needs to license the image use from you). Some have defeated derivative works by fixing it in new media or other techniques, but that still is something to be settled by the courts. Andy Warhol is famous as an appropriation artist. You should look up "Appropriation Art" on wikipedia for more information on the topic. The most famous (but never sued over) derivative work was Andy Warhol's paintings of Campbell's Soup cans (Campbell's saw it as great publicity, but other artists that Warhol appropriated from did sue and WIN settlements from either Warhol or his estate.) Note: that Appropriation Art is significantly different from a Fair Use defense where art has been used for education, commentary, or humor. Fair Use is, by definition, a derivative work, but it is made to add to the body of knowledge or public discourse about some subject. If your work is being sold through Walmart, then you should contact Walmart and inform them that they are selling unlicensed merchandise. Walmart is VERY sensitive to litigation threats and has no problem dropping merchandise that presents a risk to them.
I was happy to see your title. Copyright is a big issue with me. I would never dream about engaging in copyright infringement. I have tried to discourage people from it. Using the analogy of - if I gave paint, brushes and paper to several individuals, they would all come up with a different image, a different painting. You have something in you, I have told people, somewhere, that is different from the next person; artist. Try to find out what that is - and, don’t steal. There really is no need to steal. The same with jewelry. If I gave the same beads and findings to several individuals, each person would come up with something different. There is no need to steal. Try to come up with something similar but different. For instance, your pillow. It’s quite cute. I assume you created it. I think I would like to have something like that, I thought to myself. Should I copy yours? Heaven’s no! Okay, but, what else could I do? I came up with something similar, but, using a flower that I created. Just the flower head. So, the coloring and the flower would be quite different and nobody would probably ever guess that I got the idea from seeing your pillow. But, pillows, naturally, come up in this field. I put my artwork up on my TH-cam channel. I am a beginner and I thought it would be fun to chronicle my progress. I include a copyright notice - this work is copyright by myself - you may use it for your own personal use, only, and not for commercial purposes. Commercial purposes means, that you intend on selling a direct copy of the stolen work, or, that a person intends on selling something with an image that you have created and make a profit (before expenses). The disclaimer of - for your personal use only, is for - poor people. In other words, someone might like a print that I have created but could not afford to buy one, or, another’s, because they are poor. But, they sure would like to have something pretty like that up on their wall, might be a scenario. So, they print a copy of it. Or, they recreate it themselves. In a case like that, please, by all means, do so. My recommendation to you would be. Report your work that has been copyright infringed to the FBI. The reason being, you may not be able to get to the infringer, inside or outside of the Country, but, they may be able to. The upper Government is on the phone with leaders from all Countries and companies all the time. Our leaders may be able to use it when negotiating a trade deal with someone. It may get us a better deal. Or, they might be able to fine them. That won’t help you, financially, but, it can help us. I, believe it or not, had to report someone recently for copyright infringement. I may not be able to collect on the infringement, but, the Federal Government might be able to. And, I have given them instructions, if you are able to collect a fine from someone, and you are not able to get it to me, please put it in the United States Federal Government General Fund. Now I feel like I am, at least, attempting to help, in some way.
Thank you for contributing to the conversation, Sharon. I have been told that my only recourse is to hire a lawyer specializing in copyright law. After having sat in on a few lectures about this topic from attorneys, the answer is generally the same: it takes money to fight infringement, and we independent artists generally don't have a fund set aside for these types of things. I battle infringement of my work to this day and have come to realize that if I spend as much time as I would like trying to stop it, I have no time left to create. So, I do what I can where I can, and keep on going. Thanks for your comment and best of luck to you! :)
I 'borrowed' a hack I saw a comic artist do in his sketchbook (this kind of borrowing is ok!). Instead of just sticking a watermark on, he put a background over each page of his art, and it looked fantastic. He sold the sketchbooks with this background over each drawing, and with a toned page behind it. No one in their right mind would try to 'take this out', because it is integrated into the art. Picture: the pattern that is in the border of US currency. It looked like a mesh grid, and was light. Also, I try to educate people about copyright, on my site.
How do you prove that you sre the creater of an image and should you get your wotk copywrited? Do you have prints made tp sell and keep the original piece of art?
Yeah, I don’t buy that some people don’t know...it’s more like some people see themselves and their work as important and they see your work as disposable because music is more recognized, financially respected/compensated then art is. There’s no Grammy awards or Oscars for art, but there really should be.
I had a real problem with etsy. I had people blatantly copying my artwork and selling copies on their etsy sites. I reported it to both etsy and the individuals (my site says clearly all designs copyrited) and etsy did absolutely NOTHING. A whole book of mine was copied and put up on instagram. There is little comeback for the small person!!
9:52 What you really need is a copyright *"litigator"* (rather than a transactional copyright attorney) -- one who has years of expertise pursuing copyright infringers.
omg.....I've also had a website that tried to make it look like they rep'd me. They actually bought a small print of my work from FAA, then put it - and my logo! - on their website! They stole fro several artists. But they were amateurs. You had to call them on the phone to place an order. They were in Ghana. I wrote a Cease and Desist and heard nothing. But the site didn't last long.
I think that on the bright side of all this is that, if your art is sold on well-known sites where it might be receiving heavy traffic, you can usually get it removed with enough time, patience and proof. But if it's on some obscure sites or if this person has their own blog, it's harder to get them to take it down, but usually, they won't really receive that much business so it's kind of best to ignore it or report it just in case. If their blog was popular though, and they just absolutely refuse to take down a merch with your artwork on it, what would you recommend an artist do in this scenario? Because it's their website and people are actually buying his or her stuff due to it being a popular blog site. What should the artist do at this point?
This is a great question. Any blogger who is illegally (and knowingly so) using another artist's work and refusing to remove it is shocking! I wish I had a legal answer for you but I'm not educated enough to give advice. I think that if I had no other recourse I would call the blog out and do my best to make it known through all of my social media channels NOT to purchase from this site because of their illegal activity (and that if someone wants to purchase something with your work on it then to contact you directly). I know this is not much help :/ Good luck!
If you can find out who their webhost is, then send the webhost a digital takedown notice with documentation and proof that it is your work that is being copied. They will take the page down (maybe the site?), because they do not want to be complicit in copyright violation. At least that's true with web host companies in the U.S. (I went through that a little over a year ago, but the offending artist took down the copied images - mine and other artists' - quickly after getting my notification. The webhost (Wix) responded to me that the pages had already been taken down - which means they checked it, and, I assume, would have taken it down had the images still been there.)
There are bots that filtrate social media for sentences like "I want it on a shirt", then download whatever image the comment was under and then print it on shirts and other gadgets and sell
In my opinion, there is very little that can prevent someone from stealing an image. Photo editing software is so sophisticated now, watermarks can easily be removed.
@@lazyhorse73 anything you can do to make them have to take one extra step is still worthwhile in my opinion, which is why I still use them. What I've found to be more effective is to only upload low quality images online. That makes it more difficult to obtain a good print
My work is on there as well. However, I am represented by a licensing company so I wonder if it's from them. I will be contacting my licensing company right now and find out
Very informative Ellen. Thank you. You are right..some people just copy but don't realize the legalities involved. That was nice that you received an apology. Low resolution photos..I will remember to do that. Love that new voice of yours ! Lol😃
Peggy, I'm so sorry to read this! :( And I'm glad you posted the name of the site because it will allow others to keep watch. I hope you're able to get it resolved; it's a harsh reality to see someone making money from your work. Best of luck to you!
most of all very demanding of your time to defend yourself , i think your very brave selling your art online its huge undertaking , i use to only have 2 customers i directly knew sold art work for a t-shirt maker and local teacher that i painted black history paintings . t-shirt maker i knew from a car club . but ofter didnt get paid by the t-shirt maker it was by units sold i found out he cheated me . then i just stop selling my work . The teacher passed away i use to get $500 monthly in the 90s
Hi Ellen - I just saw this video and it resonated. How "low" is you "low-res" image size? I had a look on your Etsy site and the images there look fairly high res. Thank you. Bill
Bill Mathis 72 dpi for a web based image is sufficient. Any image at 72 dpi will look clear on a computer screen but if you were to try and enlarge that image for print it would not look good 😊
dear Ellen,Can you explain little bit your point regarding fear to give High resolution image when someone want to use it(like you mentioned for year book(i assume that they offer payment for it,right?) what i mean if i am selling postcards(in a good quality) ,then anyone can for few dollars buy it and get good image from it.
Olga, this is a very good question. This is just my personal preference. I feel as though if I were to offer my images digitally, I have no control over what happens to it once it is downloaded. I would hope that the person who bought it woudn't share it with others to download but there is no guarantee. I make much of my living by selling prints so I like to have as much control as I can over what happens to my images. You are right though - anyone who purchases a print from me could technically make a copy and then sell that - but it's much easier to share things without permission on the internet. I hope this answer makes sense for you! :) thank you for your comment. xo
What if you are selling your art that is a portrait of like the baguul (that is a example) and put it on E-bay. Would it fit in movie memorabilia or would your art be sued by the creators of sinister just because you made a tribute to the Baguul (a licensed character). Even though you did not trace a picture of the baguul directly.
This is a real journey you are describing - life out there is tough thanks for sharing Edit Yes this is very real And I think you are brave to be out there
I am wondering how it works for painting lessons on line. I am going along with the lesson in oil pastels and quite often I try to make it look a little different but some images look very similar. I am wondering if it is wrong to sell my original copy or my original that is quite a bit different❓
Hi Ellen, just came across your channel (subscribed) and your videos are very interesting and genuine. This is kinda late given when you made this video, but could you not have collaborated with that artist who unintentionally used your art on their albums? Or was the relationship already too strained to even consider that? Just curious because he did come out his way to apologize.
Great question! At the time I found out about the album, the artist had already printed the cover and had his music distributed everywhere, with no mention of the source for the cover art at all. It was too late to salvage any kind of a business relationship. Thank you for your question! 😊
Art Question / Slightly different focus: I think your video gave a lot of good information for both the novice and seasoned artist. Do you have any suggestions for safeguarding printed artwork; that is artwork on paper, canvas, fabric or even on particle boards? The reason why I ask this question is b/c I, have a child (with SPECIAL NEEDS) who has a moderate talent for art. Have already had at least one situation in which someone known to our family, has used not only child for their talent but also enticed my child to create a piece of artwork that they, in turn took (for themselves) to make a profit off of!! The only way I found out about it was b/c someone said they thought they overheard a voice on the radio that sounded an awful lot like my child's and they wondered if I knew about it. This 'discovery' in turn lead to me finding out about other projects in the visual arts field in which my child's talent was exploited. The other party involved in this, DID NOT GIVE MY SON verbal, written, monetary, or visual on-screen credit for his work or talent and tried to pass it off as their own instead, of my child's. Any advice you would give in a case like this? Thanks again for a great video.
If you are in the US, you're describing a crime. You should contact your state agency that handles elder abuse because if they don't also handle abuse of disabled, they will be able to tell you who does. The person who has exploited your child's talents has essentially stolen the same as "funds" from the child. The child is the copyright owner of their creation and their age or disability does not change their copyright ownership of art in fixed media. Depending on the age and state, it could also be child labor exploitation (the child is a voice actor in the audio). Also, wanted to add that if the person made video of the child creating art, then the person does own copyright to the video as that person is the creator of the video. SO, say I make a video of my niece painting a picture. My niece is the copyright holder of the painting, but I am the copyright holder of the video. To safely monetize my video, I might need a license for the image of the painting AND a model release by a parent of my niece authorizing me to use her likeness for commercial purposes.
Thanks Ellen for this info particularly the low Rez (straight to my site to fix that!). I had designs stolen in the uk and ACID (anti copy in design) helped me, wonderful. I took her to the small claims court and won, she now has a County Court judgement against her and I got paid. But it takes a piece out of you .......kills a part of you.....it happened a second time in a different way . I sold several large paintings to a wealthy man in Stockholm, he paid me but it was painfully slow. He commissioned two more so I trusted it would be the same. It wasn’t. One was a 2m x 1.80cm war horse Oldenburg and the other a portrait of him standing next to his train in Uppsala. He arranged to meet me at his house in Varmland. I hung the large horse, he didn’t show up. I had to trust if I left it he would be honourable and pay but I took the portrait home as an insurance. He didn’t pay, I took it to kronofogden (Sweden’s state bailiffs) who seize assets, but turned out his hotel, many houses, train company are not owned by him but by his girlfriend and mother of his children and because they are not married I have no way of being paid. I’m still pursuing it but it has lost me years of trust and creativity. These injustices can make you ill so I try to let go. I’m about to embark on Amazon handmade so god bless you for your advice.
thank you for sharing your story here - I'm sorry you've had to go through such troubles and that it's had a lasting impact on your creative process. I hope you find a new home at Amazon Handmade - good luck to you!
i don't understand that part, it's like part of your message ... your soul is spreading , all over the world, i think it would make me happy to see that happening ..
I didn’t know this was so rampant! I feel like it is not worth the hassle of trying to keep on top of it all, so could you maybe do a video where you explain why one should sell online DESPITE these risks? I’m just feeling somewhat discouraged by this.
Diane Fuchs a good idea, thank you! My intent was not to discourage only to inform. The pros far outweigh the cons. Living in a digital age allows us to reach people that we never would have otherwise had the opportunity to, otherwise.
@@EllenBrennemanStudio Oh, I know you didn't mean to discourage, but it seems like it is so complicated to keep on top of whether your artwork is secure or not. Here is another idea for a video... or maybe it can be included in my suggestion above... tell us what concrete steps you took to keep an eye on the security of your artwork. Thank you!
Hi, Brittany 😊 I created a video a few years ago that shows how to do this and I'll include that link here: th-cam.com/video/Jfs9mM4N3uU/w-d-xo.html Please note that the website may have updated their site since then so the directions may be a bit different than when I filmed; hopefully it'll get you started though!
Hi Ellen, firstly thanks for the thoughtful video, but now I feel as though i am more anxious to pursue a career and publish work in the art world!? :)
I think it's best to weigh your pros and cons to selling online and then make the decision that is best for you. For me, the positives far outweigh the negatives and selling online allows my work to reach a global scale. I'd never be able to do that if I only sold in person. Good luck!
This makes me so angry, and has happened to me. I did a cease and desist letter, and Facebook took my image down. I think it's interesting that music has safeguards but art doesn't. Horrible. I may just learn coding so I can invent a security measure for us. I don't know, maybe if this twerp's music was 'shared' everywhere without compensation, he would know what it feels like. But I know we're better than that.
Hi, I really appreciate yours tips, they are very valuable. I would like to know if I use as reference photos that are free of copyright, should I mention the author of the photo or the site where the photo is located? Another question: I painted my version of a famous painting by the Dutch painter Vermeer (Girl with pearl earrings) and posted it on my personal Facebook page. I do not intend to sell it, but if I were to sell it, do you think I would have legal problems, even if I was not fake or copy the original painting and got my name on it? Thank you.
The general rule of thumb is that if a photo is copyright free then there is no obligation to credit the source (although I'm sure it's appreciated). As far as your painting, I am not entirely sure about that and would hate to give you misinformation. Maybe someone else can add a comment here who might know :)
Claudio, why can't you take your own photos? If you are an artist, you're a creative person, aren't you? Photographers are artists, too, and deserve the same kind of respect you would expect for your own original work. Their compositions are THEIR compositions - why can't you come up with your own? We carry around cameras in our phones now - why not use it? You should trust your own eyes - create your own compositions - be original! That is what making art is all about.
It's so disappointing to know that my art has now expanded to 4 countries :( Google has not responded. Likely, I'm considered 'small potatoes' and not worth the effort.
I'm glad the musician sent you an apology. It's shocking to think this happens, and that the legal system really doesn't offer much recourse if you are an individual in business. The notion that an overseas company is setting up a shop that looks like it's representing you is unbelievable and so discouraging. You mentioned not posting high-resolution images. How do you do that?
Hi, Sue Ellen - and thank you for your comment here 😊 Most photo editing software will have options to save work in various sizes. Just search the various editing capabilities for something that gives you the option to resize. You'll generally be prompted to choose your size variations when you go to save an image (you'll be prompted to decide at what size you'd like to save it as). Choose the lowest resolution possible without making it look too grainy; you still want people to be able to appreciate it and not be distracted by an image too low in quality). I hope this helps!
One way to get around this and to be able to control the images it to licence your works with a reputable company..so that when someone asks just send them to that company. And yes, Ive been doing it for years..Get paid and get your work out..
Michael Schofield but this is about art theft. Unscrupulous People / companies are stealing art images to put on products that they sell or use in marketing, and are knowingly using artist’s work without permission, without giving credit and without paying for it. The art thieves are not going to the artist in order to license the work and so are not looking to be sent to an agent or representative’s site to license art either.
As an artist myself, I understand why it's upsetting when someone steals your work and uses it for something you haven't authorized. But I'm wondering, why isn't it good that people borrow your work or use it for an album cover? It's free advertising, right? Or is that...totally wrong?
Erin Ottaviano I was upset by the fact that my artwork was being used for an album cover because I was never asked, nor was there any credit given back to me. Anyone who saw my artwork never knew who created it which for me meant that the person who took it without my permission had everything to gain and I had everything to lose 🙁
Oh my gosh Judi - I'm sorry that you keep finding more and more people abusing your work. Google Reverse Image search is both a blessing and a curse. My followers are my eyes many times and will notify me. Right now I'm dealing with an issue with one of my paintings being used for leather notebooks (and being successfully sold for $90 apiece!) It's definitely the dark side of the internet for artists, but we can only put our energy into so many places.
Hi, John - that's a really good question. The answer, to the best of my knowledge is, he didn't. Low resolution images will produce pretty miserable looking knock-offs but if the user wants to improve upon an image, he/she will use a filter or overlay which can distract from the low quality image, therefore making everything look intentional. That's what was done to my image.
That's a scary thing to know.... then depending on what they do with it, all artwork on the net is potentially available for theft! Everything on my website is low, 72 dpi quality, which looks okay on the monitor screen but would look terrible printed at its normal size. Yet somehow they find a way to improve on it and use it. I'll have to use that google check to see what is out there. I don't sell anything, my site is strictly used as a portfolio for potential clients as well as published work that I have done. Thank you for an informative video.
Thanks so much for your contribution to this discussion, John. 72 dpi is about as protected as you can make your work without compromising on the image itself so I'm glad to see you're making it difficult for others to lift; every little bit helps! I'll keep fingers crossed that you don't find your work anywhere than right where you put it! :)
I've been on the net for quite some time but have never checked around... who knows. Looking forward to your next video, thanks and good luck to you as well.
Musos generally have integrity i have found because music copyright is more well known in that industry. Nice they contacted you. Maybe suggest a collab with a credit. or a sale or license for use.. Ask to do his Album covers from now on. Sorry looking for the opportunities. But I understand its gutting to feel taken advantage of. Great info cheers!!!
Hello... A few words about international intellectual and copyright theft. Write to your attorney general's, write to the state governors, write to your country's embassy. Also write to the government departments and embassy's about the theft. Don't be afraid to show your work and the stolen image in the den of thieves shop.
here in australia I saw a designs from a cool tshirt label from the usa (Bandit Brand) totally plagiarized by Cotton On - the wording was slightly different but the style and lettering was identical. I turned around, walked out and will never step foot back in a Cotton On store. fuck em!
I don’t know, since this video is from 2018, if you’ve had contact ( and success) with the people at Bahrain but all of your images are shown as out of stock. So it looks like they are not actually selling it at least. Still disturbing and painful but more painful if they were profiting from your efforts.
No contact from the company, Lynn. This site has not been on my radar lately as I'm batting other companies profiting from my work. I just try to do what I can, where I can and keep going.....
I think that desertcart (dot) com site might actually be buying your products on the back end and delivering them to people living in the UAE region. Read their "About Us" page where they start off with "DesertCart understands the lack of variety with regards to products for online shopping here in the UAE, and is also aware of the extreme costs of shipping, handling, customs and all miscellaneous expenses of bringing in products from US based online retailers." I know it's frustrating to have people steal your work, but this site actually looks like it might be a legit importer and not a copyright infringement (beyond the fact that you've not listed directly on their site.) I have lived in a couple different countries and some of them are difficult to buy US products because they're not available in-country and US based websites don't sell into them. I definitely would expect the UAE to be very similar because of the extremely strong regulatory controls in that culture.
SInce the artist contacted you and appologized, you should have taken the opportunity to try and sell him the right to use the artwork for his cd's. He obvously liked it and had success with it. He might have felt it worth it to continue using the image for continuities sake.
This is so sad!
You really were diligent about tracking the music cd infringement issue down.
I admire you perseverance and tenacity to look the person up and the platforms that sold the music, finding and filling out the form. I am glad you had success with that particular issue.
Great information! You presented it very well.
I know this video is several years old. I thank you for posting it and all you do for the art community! :)
Another tip i learnt is to always document your production processes....either by video or photos. Either upload photos to an online place (instagram or email), or upload a process video to TH-cam (public or private). Somewhere with a legit date stamp.
I will say that when i was in undergrad and was learning graphic design, i did trace low rez works for projects if they were not 'high quality' enough for me. So i could argue that i created the work because i had 'proof' that I created them, because...well, I did, however the idea was never mine. But, i was aware of copyright laws/rules, but i also knew they were simply for class. So yeah. So please document your process and upload.
Also, another thing you could consider regarding watermarks.....I usually include my signature/name HIDDEN WITHIN the artwork as PART OF THE ART (whether drawing art or photography). This signature within NEVER goes away. You could try that. I assume it will help a lot if someone does recreate your work, and if you never uploaded the processes before they did.
Good luck to all of us.
hyacinthdibley2 thank you for sharing all of these useful tips; greatly appreciated!
@@EllenBrennemanStudio Also to add to that is mailing the artwork to yourself. Its something a professor of mine told me to do in art school. When you mail your own artwork to yourself you leave a trail. Also since it technically goes through your federal government, it is theoretically supposed to hold up if you ever end up in a lawsuit (which I hope you don't have to). Now I don't know if it truly works, but honestly worth a shot. He said to do it with original work, but if you're unsure of it just mail a copy of your own work to yourself with a written signed note (use your business cred/ stationery if you are registered as a business) with the timestamp and confirming that you are the artist. I know its annoying to do that with all artwork, but try doing it with all your bestsellers or ones that are most popular.
I still can't believe we have to go through this. But ya know what, someone once told me "if they want to steal it, no matter how hard you try they will find a way to do it". You just have to find a way around it, I suppose. Good luck and thanks for the informative video. :)
thank you for this! @@IndigoRays
Easy to photoshop anything out (and a new sig in) in photos and can paint over on canvas etc. Nothing is safe!
That's a great tip about embedding the signature, I have no idea how to do it but I am to figure it out. Thank you
I'm pursuing a BFA in Illustration currently and we've had several classes on things like promotion and understanding copyright. One thing they say to do is try going directly to the person who stole your work first because, as mentioned, sometimes it's just ignorance or a mistake and they'll be willing to apologize or make things right. Also, as far as selling high-res images, you can have a contract stating that the image purchased may only be used for the purpose intended for a set amount of time, so for the yearbook example, she could've had the contract say that the panther image may only be used for a yearbook cover for that school for that year. If the school violates that contract, she is within her rights to sue.
Etsy and Ebay have protective departments for intellectual property, and they take it seriously. You may not get the money, but they will ban the users.
Register with U.S. Copyright office. I am an amateur photographer and have had pics stolen and am thinking of registering any new ones I put up on the internet. It's not that expensive (don't know about paintings) and you don't have to prove damages since the penalties are statutory.
Thank you for your advice!....and I'm so sorry you've had pics stolen :(
YOU ARE ONE SWEET GAL, anyone watching your vids benefits greatly.
i'm an artist but i don't sell online. Right now watching vids to learn about issues that you
touch on. Thankyou Ellen
You're very welcome - glad you're finding these videos helpful! 😊
Hi, Ellen. I just wanted to say thank you for the information you’ve shared. I just came across your channel this morning, and the three videos I’ve went through so far have given me more good, clear, practical information about the business of art ( and the art of business for that matter ) than any other source I’ve had previously. A lot of good information, easy to understand, and in brief. Really great, and I appreciate it. Thanks again, and all the best.
Thank you for your comment, Tim! 😊
Good info! I'm an artist and a musician, so I get it. You can always "register" your works with the copyright office.
It’s stinks to feel powerless, it very scary that you don’t know what happens with artwork once you put it out there . Thanks Ellen for you information 💕
Totally agree! Thanks so much for the support :)
@@EllenBrennemanStudio copyright infringement would be top my list that scares me about selling online , they have people with alot leverage they could steal your art and fine you
Thank you for sharing all about your experience and important tips. 🥰 As an artist myself, it was painful listening to your story because I too have had art images stolen and used. I wish there was a way to stop this theft but it seems to only get worse.
When I took an art class, I was putting my oil painting in the storage room; much to my surprise there were several knock offs or copies in the storage room. I confronted the art teacher, he said the night school apparently did not stop this. I will mention it.
A**holes !!
Ellen, In addition to the low res. images, make sure the site you have your images disables the right click. I created my site with WordPress and used a photographic theme. That theme includes a right click disable function. The only thing they could do is do a screen copy which creates a really bad copy.
Thank you for your important advice!
Thank you Ellen. I just clicked the link in above for that Bahrain site and it looks like now they no longer have your artwork. Lots of random board games and things show up, but none of your images.
That is wonderful news, Amy! I had to stop checking for my own mental health so I appreciate this update, thank you!
Thank you Ellen Brenneman for this useful and first hand information!! Your advice and knowledge is appreciated. Fraudsters and scammers taking advantage of artists creative images/art should be exposed and I definitely agree that WE ( those artists reading this too ) need to report such thefts. There is zero reason artists should be helpless because of overseas fraudsters or domestic scammers cashing in on our talents! I know this is part of the art business, having to deal with copyright infringement or others trying to make a buck off hard working artists. BUT - if artists work together and spread the word on scams we can work to put those thieves out of business or at least inconvenience them. Thank you again Ellen, cheers!!!
Thank you for contributing to the conversation with your comment; greatly appreciated!
I lived on the very popular island of St Thomas and many corporations bought great art for pretty cheap from our art galleries and we saw a lot of it months or years later on their package designs. That's pure evil.
Thank you for sharing that Ellen, that really must hurt and I'm sorry you had to go through that … It made me so angry and frustrated just listening to you.
Rod Eastell thank you; does get quite frustrating 😣
My problem is I told someone I would do, in a sense, a free commission, which I've never done commissions before. After getting the reference photo, I realized if I do this, it'll be a lot of work and it seems to be a bit out of my art style all together. I now don't know how to say I changed my mind, and wonder if I should just do it eventually, or let that person eventually forget about it all together lol.
It could be that the person (musician) hired a graphic designer and the designer did it and didn’t tell them. I’ve heard so many stories.
A guy used one of my paitings on his TH-cam video. I contacted TH-cam and they had it down within 30 minutes. I appreciated TH-cam.
ugh!! That is awful, I'm so sorry. 😔
May I ask what resolution exactly you mean by low? What resolution makes it impossible to get a print, but it will still look good for potential buyers?
There are so many people online trying to make money and a ton of scam-artists ripping you off that it all seems so lawless because it is...and there's not a lot you can do about it...It's just not worth the trouble : (
Never post high resolution photos on your website. Use the lowest resolution that will give a good pic of your work to advertise. Always copyright your work before
you post to the public.
Copy rite is automatic once produced. the problem is the cost to defend it!
@firstlast2034 Copyright doesn't help you unless the person or organization is in your country or state or you have an exact way of reaching them . Then, you can send them a cease and desist letter. Other than that, copyright doesn't help. You have to be able to track down the person. Usually, people who do this are in foreign countries and since the crime is done via the internet, it's hard to stop.
Just checked the Bahrain web site all my art is listed there. So no more posting on Amazon/handmade for me. So thanks for the info.
James, I'm so terribly sorry to read this. It is beyond frustrating when things like this happen and there is little recourse. :(
@@EllenBrennemanStudio I'm just glad I ran across your video before I posted more on Amazon. I only had 10 paintings posted on there. they don't just take your images they copy your whole shop onto their site.
Exactly right, James. My entire page was lifted and used, word for word 😔
Good video, thanks. The word you were looking for to describe the story in your head is "indignation." We can get so indignant when things like this happen to us.
OMG! I had the same experience! I just found out a little twerp is using one of my paintings for HIS CD cover selling on Spotify! "Anger" is a an understatment! Spotify wouldn't respond to my request for information on the thief. :(
This is my first time watching your video. Thank you for your friendly, informative advice and encouragement. I felt I could relate to the topics at hand. I am just starting to venture into art as a business and already feeling overwhelmed, and at the same time excited. I want to hear more of your thoughts. You make a difference.
Sorry to hear it. I've had it happen to me as well. And I don't have anything good to say about lawyers who say, "yes it's illegal, but I can't make enough money to bother with it".
I'm sorry to read this, Michael. I agree, there should be SOMETHING that can be done to aid artists. All I can think about are the artists whose work was used by Urban Outfitters. Going against large companies especially proves to be so challenging since they have enough money to hire the best lawyers. :(
Do online galleries offer protection from this type of theft? if so which galleries offer this and which ones do not.
Hello. I have been wondering about an original painting I have done that is modelled after someones on line photograph. My painting had turned out brautif and gives a fait accurate rendition but not exact copy of the photograph. I was unable to get info on the photo let alone contact the photographer. Any suggestions?
I am so sorry to hear that. I hope everything is sorted now. Thanks for sharing your personal story. 🦋
Thank you for your kind comment. :)
Thank you so much, Ellen! This was so helpful because copyright and not infringement is so important.
Wow....so infuriating and frustrating especially if they're really going to bank on it...in both your case and the first person's case. Also upsetting when attorneys tell you "it's not worth it for us to take the case". I'm SO nervous about this, especially just starting out. Very glad this person apologized to you. No one is perfect but wow.
I am open to reuse, but the interested party has to sign a contract before I give them a high res image. Treat it like stock art. But have them sign something stating that it is only allowed for a one time use.
Hi ya hun I have a question about copy right as in I am a Artist I have watched TH-cam I have learn styles and techniques from other artists I am gaining followers. I have now have a TH-camr attack me telling me I’m a fraud and I’ve stolen her art style and I’m plagiarising her work.. I have not copied any of her work I have painted it myself added my own things created my own things with the similar techniques.. she publicly put all my paintings AND my face on her Facebook page and called me a fraud.. what is your view if I paint a black panther now that you’ve painted a black panther ?? She is telling me I’m not allowed to paint a red poppy again cos that is plagiarising her painting ????
There is a difference between being inspired by another artist's work and reproducing their work (making it look identical) to claim as your own to sell.
My style is often used as inspiration in other artists work but a style cannot be copyrighted - if it was, there wouldn't be an Impressionist period, or a cubist period, etc. There are very few original ideas anymore and everyone is inspired by something/someone; that is how we learn.
If I felt that upset about another artist's work I would reach out privately, NOT publicly in order to form some sort of communication and bridge an understanding about what the problem is so it could be resolved. Think about what you can learn from this lesson and then move on from it - and please don't stop creating ❤️
@@EllenBrennemanStudio Ellen I am mortified I actually did a TikTok of me ripping up all my art. because of this personal attack.. I honestly feel like this person has become extremely jealous maybe. I’m not sure I’ve had so many people give me their opinion that my art does not look like theirs.. I have not bluntly copied their work I do paint similar I have also credited this person.. O Ellen I feel broken I’ve been called a fraud and I’m plagiarising I just don’t know what’s right any more i’ve spent days researching it talking to other artists.. tears
@@Karlena_Lewin_Studio I wish there was something I could say to make you feel better 😞 I see that you made every attempt to do the right thing by crediting this artist; unfortunately, he/she used this against you. Please be easy on yourself; give yourself time to heal - maybe time away from your socials if necessary - but my opinion is this: don't let this person stop you from doing what you love. Focus on your followers who enjoy your work and keep creating ❤️
@@EllenBrennemanStudio thank you Ellen 🤗 I would never ever do this to other Artist if I inspire someone I love that, no 2 paintings are the same, I congratulate them.. i encourage them.. i’ve never experienced anything like this before she is threatening me that none of my work is mine she owns it all.. if I sell it I will be sued.. how do I find out the correct law who is in the right here ?? She is in the UK I am in New Zealand I have had like 10 professionals tell me I’m doing nothing wrong but I’m just frozen i’m someone that would paint every single day and I’m just frozen..
@@Karlena_Lewin_Studio I can only give my opinion here, but it is my understanding that you can only be sued if you have copied her work and tried to sell it as your own - you cannot be sued for being inspired by someone else's 'style' of painting. If in doubt, I suggest doing research online; I'm sure there are others like you with the same question. Of course, the best thing would be to hire an attorney for an hour of legal advice if you can afford it. Best of luck to you!
My teacher said to use a fingerprint. I don't know if that's useful or not. He also signed on the back as well as the front.
Too easy to scan a fingerprint & reproduce it & even make a silicon finger with that print on it, it's all possible now!
Hi Ellen, Thanks so much for sharing this! I'm going to watch your video on making watermarks. I use an iPhone to take my photos. Do you know how to change the resolution to low res on an the device?
we had our art work copied and sold to mainstream mega stores (eg.Wal-mart). Mass produced in China for a greatly lower price. Legally, anyone can change an object by more than 16% and then it is legal. There are buyers who travel the world, and grab onto brand new ideas and copy them, adding whatever is needed to change it by 16%. Lawyers say that you must flood the market before it is copied, and then get out. This is in Canada.
Ugh! I'm so sorry this has happened to you!
You wrote: "Legally, anyone can change an object by more than 16% and then it is legal."
What you are talking about is called a derivative work. Copyright is an international law, but in the US, this ('change by more than 16%') is not the case. As an example, song writers have won copyright claims over only a few distinct bars of their music contained in other songs. (So, the use of only a few seconds out of a 3 minute song.)
You still own copyright in works derived from your art (as in the person needs to license the image use from you). Some have defeated derivative works by fixing it in new media or other techniques, but that still is something to be settled by the courts. Andy Warhol is famous as an appropriation artist. You should look up "Appropriation Art" on wikipedia for more information on the topic. The most famous (but never sued over) derivative work was Andy Warhol's paintings of Campbell's Soup cans (Campbell's saw it as great publicity, but other artists that Warhol appropriated from did sue and WIN settlements from either Warhol or his estate.)
Note: that Appropriation Art is significantly different from a Fair Use defense where art has been used for education, commentary, or humor. Fair Use is, by definition, a derivative work, but it is made to add to the body of knowledge or public discourse about some subject.
If your work is being sold through Walmart, then you should contact Walmart and inform them that they are selling unlicensed merchandise. Walmart is VERY sensitive to litigation threats and has no problem dropping merchandise that presents a risk to them.
I was happy to see your title. Copyright is a big issue with me. I would never dream about engaging in copyright infringement. I have tried to discourage people from it. Using the analogy of - if I gave paint, brushes and paper to several individuals, they would all come up with a different image, a different painting. You have something in you, I have told people, somewhere, that is different from the next person; artist. Try to find out what that is - and, don’t steal. There really is no need to steal. The same with jewelry. If I gave the same beads and findings to several individuals, each person would come up with something different. There is no need to steal. Try to come up with something similar but different. For instance, your pillow. It’s quite cute. I assume you created it. I think I would like to have something like that, I thought to myself. Should I copy yours? Heaven’s no! Okay, but, what else could I do? I came up with something similar, but, using a flower that I created. Just the flower head. So, the coloring and the flower would be quite different and nobody would probably ever guess that I got the idea from seeing your pillow. But, pillows, naturally, come up in this field. I put my artwork up on my TH-cam channel. I am a beginner and I thought it would be fun to chronicle my progress. I include a copyright notice - this work is copyright by myself - you may use it for your own personal use, only, and not for commercial purposes. Commercial purposes means, that you intend on selling a direct copy of the stolen work, or, that a person intends on selling something with an image that you have created and make a profit (before expenses). The disclaimer of - for your personal use only, is for - poor people. In other words, someone might like a print that I have created but could not afford to buy one, or, another’s, because they are poor. But, they sure would like to have something pretty like that up on their wall, might be a scenario. So, they print a copy of it. Or, they recreate it themselves. In a case like that, please, by all means, do so. My recommendation to you would be. Report your work that has been copyright infringed to the FBI. The reason being, you may not be able to get to the infringer, inside or outside of the Country, but, they may be able to. The upper Government is on the phone with leaders from all Countries and companies all the time. Our leaders may be able to use it when negotiating a trade deal with someone. It may get us a better deal. Or, they might be able to fine them. That won’t help you, financially, but, it can help us. I, believe it or not, had to report someone recently for copyright infringement. I may not be able to collect on the infringement, but, the Federal Government might be able to. And, I have given them instructions, if you are able to collect a fine from someone, and you are not able to get it to me, please put it in the United States Federal Government General Fund. Now I feel like I am, at least, attempting to help, in some way.
Thank you for contributing to the conversation, Sharon. I have been told that my only recourse is to hire a lawyer specializing in copyright law. After having sat in on a few lectures about this topic from attorneys, the answer is generally the same: it takes money to fight infringement, and we independent artists generally don't have a fund set aside for these types of things. I battle infringement of my work to this day and have come to realize that if I spend as much time as I would like trying to stop it, I have no time left to create. So, I do what I can where I can, and keep on going.
Thanks for your comment and best of luck to you! :)
@@EllenBrennemanStudio I have so many lawsuits it isn't funny. But, can I get a lawyer? No. I wouldn't trust them if you paid me.
I 'borrowed' a hack I saw a comic artist do in his sketchbook (this kind of borrowing is ok!). Instead of just sticking a watermark on, he put a background over each page of his art, and it looked fantastic. He sold the sketchbooks with this background over each drawing, and with a toned page behind it. No one in their right mind would try to 'take this out', because it is integrated into the art. Picture: the pattern that is in the border of US currency. It looked like a mesh grid, and was light. Also, I try to educate people about copyright, on my site.
How do you prove that you sre the creater of an image and should you get your wotk copywrited? Do you have prints made tp sell and keep the original piece of art?
Yeah, I don’t buy that some people don’t know...it’s more like some people see themselves and their work as important and they see your work as disposable because music is more recognized, financially respected/compensated then art is. There’s no Grammy awards or Oscars for art, but there really should be.
I had a real problem with etsy. I had people blatantly copying my artwork and selling copies on their etsy sites. I reported it to both etsy and the individuals (my site says clearly all designs copyrited) and etsy did absolutely NOTHING. A whole book of mine was copied and put up on instagram. There is little comeback for the small person!!
9:52 What you really need is a copyright *"litigator"* (rather than a transactional copyright attorney) -- one who has years of expertise pursuing copyright infringers.
omg.....I've also had a website that tried to make it look like they rep'd me. They actually bought a small print of my work from FAA, then put it - and my logo! - on their website! They stole fro several artists. But they were amateurs. You had to call them on the phone to place an order. They were in Ghana. I wrote a Cease and Desist and heard nothing. But the site didn't last long.
I think that on the bright side of all this is that, if your art is sold on well-known sites where it might be receiving heavy traffic, you can usually get it removed with enough time, patience and proof. But if it's on some obscure sites or if this person has their own blog, it's harder to get them to take it down, but usually, they won't really receive that much business so it's kind of best to ignore it or report it just in case. If their blog was popular though, and they just absolutely refuse to take down a merch with your artwork on it, what would you recommend an artist do in this scenario? Because it's their website and people are actually buying his or her stuff due to it being a popular blog site. What should the artist do at this point?
This is a great question. Any blogger who is illegally (and knowingly so) using another artist's work and refusing to remove it is shocking! I wish I had a legal answer for you but I'm not educated enough to give advice. I think that if I had no other recourse I would call the blog out and do my best to make it known through all of my social media channels NOT to purchase from this site because of their illegal activity (and that if someone wants to purchase something with your work on it then to contact you directly). I know this is not much help :/ Good luck!
If you can find out who their webhost is, then send the webhost a digital takedown notice with documentation and proof that it is your work that is being copied. They will take the page down (maybe the site?), because they do not want to be complicit in copyright violation. At least that's true with web host companies in the U.S.
(I went through that a little over a year ago, but the offending artist took down the copied images - mine and other artists' - quickly after getting my notification. The webhost (Wix) responded to me that the pages had already been taken down - which means they checked it, and, I assume, would have taken it down had the images still been there.)
I’ve never used a watermark, but that’s a great suggestion. Is this easily accomplished, something that you could possibly explain how to do? Thanks
Hi, Kathryn! 😊 I have a video on that very thing; you can find it here: th-cam.com/video/Jfs9mM4N3uU/w-d-xo.html
There are bots that filtrate social media for sentences like "I want it on a shirt", then download whatever image the comment was under and then print it on shirts and other gadgets and sell
how good is watermarking your images?
In my opinion, there is very little that can prevent someone from stealing an image. Photo editing software is so sophisticated now, watermarks can easily be removed.
@@EllenBrennemanStudio oh ok. I thought it would help.
@@lazyhorse73 anything you can do to make them have to take one extra step is still worthwhile in my opinion, which is why I still use them. What I've found to be more effective is to only upload low quality images online. That makes it more difficult to obtain a good print
Oh good. I have poor resolution because I use a flip phone. but I dont do prints(not yet anyways)I know I will have to eventually upgrade
My work is on there as well. However, I am represented by a licensing company so I wonder if it's from them. I will be contacting my licensing company right now and find out
Susan, I do hope your work is on there legitimately. Fingers crossed for you!
Very informative Ellen. Thank you. You are right..some people just copy but don't realize the legalities involved. That was nice that you received an apology. Low resolution photos..I will remember to do that. Love that new voice of yours ! Lol😃
I just found a piece of my art on a T-shirt site. Called TshirtXY. Not good!!
Peggy, I'm so sorry to read this! :( And I'm glad you posted the name of the site because it will allow others to keep watch. I hope you're able to get it resolved; it's a harsh reality to see someone making money from your work. Best of luck to you!
most of all very demanding of your time to defend yourself , i think your very brave selling your art online its huge undertaking , i use to only have 2 customers i directly knew sold art work for a t-shirt maker and local teacher that i painted black history paintings . t-shirt maker i knew from a car club . but ofter didnt get paid by the t-shirt maker it was by units sold i found out he cheated me . then i just stop selling my work . The teacher passed away i use to get $500 monthly in the 90s
Hi Ellen - I just saw this video and it resonated. How "low" is you "low-res" image size? I had a look on your Etsy site and the images there look fairly high res. Thank you. Bill
Bill Mathis 72 dpi for a web based image is sufficient. Any image at 72 dpi will look clear on a computer screen but if you were to try and enlarge that image for print it would not look good 😊
@@EllenBrennemanStudio Got it - thx
dear Ellen,Can you explain little bit your point regarding fear to give High resolution image when someone want to use it(like you mentioned for year book(i assume that they offer payment for it,right?) what i mean if i am selling postcards(in a good quality) ,then anyone can for few dollars buy it and get good image from it.
Olga, this is a very good question. This is just my personal preference. I feel as though if I were to offer my images digitally, I have no control over what happens to it once it is downloaded. I would hope that the person who bought it woudn't share it with others to download but there is no guarantee. I make much of my living by selling prints so I like to have as much control as I can over what happens to my images. You are right though - anyone who purchases a print from me could technically make a copy and then sell that - but it's much easier to share things without permission on the internet. I hope this answer makes sense for you! :) thank you for your comment. xo
Thanks a lot for reply.Yes,i see your point.And i perfectly understand. Love your videos. God bless your heart for share so many great information
What if you are selling your art that is a portrait of like the baguul (that is a example) and put it on E-bay. Would it fit in movie memorabilia or would your art be sued by the creators of sinister just because you made a tribute to the Baguul (a licensed character). Even though you did not trace a picture of the baguul directly.
What you describe is still copyright infringement. :(
@@EllenBrennemanStudio oh....
This is a real journey you are describing - life out there is tough
thanks for sharing
Edit
Yes this is very real
And I think you are brave to be out there
I am wondering how it works for painting lessons on line. I am going along with the lesson in oil pastels and quite often I try to make it look a little different but some images look very similar. I am wondering if it is wrong to sell my original copy or my original that is quite a bit different❓
Yes, you can't legally sell a painting made in this way
Hi Ellen, just came across your channel (subscribed) and your videos are very interesting and genuine. This is kinda late given when you made this video, but could you not have collaborated with that artist who unintentionally used your art on their albums? Or was the relationship already too strained to even consider that? Just curious because he did come out his way to apologize.
Great question! At the time I found out about the album, the artist had already printed the cover and had his music distributed everywhere, with no mention of the source for the cover art at all. It was too late to salvage any kind of a business relationship. Thank you for your question! 😊
@@EllenBrennemanStudio All right, I understand. Thank you for taking the time to respond to this. Wish you the best!
Art Question / Slightly different focus: I think your video gave a lot of good information for both the novice and seasoned artist. Do you have any suggestions for safeguarding printed artwork; that is artwork on paper, canvas, fabric or even on particle boards?
The reason why I ask this question is b/c I, have a child (with SPECIAL NEEDS) who has a moderate talent for art. Have already had at least one situation in which someone known to our family, has used not only child for their talent but also enticed my child to create a piece of artwork that they, in turn took (for themselves) to make a profit off of!! The only way I found out about it was b/c someone said they thought they overheard a voice on the radio that sounded an awful lot like my child's and they wondered if I knew about it. This 'discovery' in turn lead to me finding out about other projects in the visual arts field in which my child's talent was exploited. The other party involved in this, DID NOT GIVE MY SON verbal, written, monetary, or visual on-screen credit for his work or talent and tried to pass it off as their own instead, of my child's. Any advice you would give in a case like this? Thanks again for a great video.
If you are in the US, you're describing a crime. You should contact your state agency that handles elder abuse because if they don't also handle abuse of disabled, they will be able to tell you who does. The person who has exploited your child's talents has essentially stolen the same as "funds" from the child. The child is the copyright owner of their creation and their age or disability does not change their copyright ownership of art in fixed media. Depending on the age and state, it could also be child labor exploitation (the child is a voice actor in the audio).
Also, wanted to add that if the person made video of the child creating art, then the person does own copyright to the video as that person is the creator of the video. SO, say I make a video of my niece painting a picture. My niece is the copyright holder of the painting, but I am the copyright holder of the video. To safely monetize my video, I might need a license for the image of the painting AND a model release by a parent of my niece authorizing me to use her likeness for commercial purposes.
Thanks Ellen for this info particularly the low Rez (straight to my site to fix that!). I had designs stolen in the uk and ACID (anti copy in design) helped me, wonderful. I took her to the small claims court and won, she now has a County Court judgement against her and I got paid. But it takes a piece out of you .......kills a part of you.....it happened a second time in a different way . I sold several large paintings to a wealthy man in Stockholm, he paid me but it was painfully slow. He commissioned two more so I trusted it would be the same. It wasn’t. One was a 2m x 1.80cm war horse Oldenburg and the other a portrait of him standing next to his train in Uppsala. He arranged to meet me at his house in Varmland. I hung the large horse, he didn’t show up. I had to trust if I left it he would be honourable and pay but I took the portrait home as an insurance. He didn’t pay, I took it to kronofogden (Sweden’s state bailiffs) who seize assets, but turned out his hotel, many houses, train company are not owned by him but by his girlfriend and mother of his children and because they are not married I have no way of being paid. I’m still pursuing it but it has lost me years of trust and creativity. These injustices can make you ill so I try to let go. I’m about to embark on Amazon handmade so god bless you for your advice.
thank you for sharing your story here - I'm sorry you've had to go through such troubles and that it's had a lasting impact on your creative process. I hope you find a new home at Amazon Handmade - good luck to you!
i don't understand that part, it's like part of your message ... your soul is spreading , all over the world, i think it would make me happy to see that happening ..
Super helpful, especially the low resolution. Love your videos so helpful. Thanks for sharing.
I didn’t know this was so rampant! I feel like it is not worth the hassle of trying to keep on top of it all, so could you maybe do a video where you explain why one should sell online DESPITE these risks? I’m just feeling somewhat discouraged by this.
Diane Fuchs a good idea, thank you! My intent was not to discourage only to inform. The pros far outweigh the cons. Living in a digital age allows us to reach people that we never would have otherwise had the opportunity to, otherwise.
@@EllenBrennemanStudio Oh, I know you didn't mean to discourage, but it seems like it is so complicated to keep on top of whether your artwork is secure or not. Here is another idea for a video... or maybe it can be included in my suggestion above... tell us what concrete steps you took to keep an eye on the security of your artwork. Thank you!
What is the best way to create a watermark?
Hi, Brittany 😊 I created a video a few years ago that shows how to do this and I'll include that link here: th-cam.com/video/Jfs9mM4N3uU/w-d-xo.html Please note that the website may have updated their site since then so the directions may be a bit different than when I filmed; hopefully it'll get you started though!
Great. Very imp video. Very helpful. I will use watermark and low quality image. Thanks.
Hi Ellen, firstly thanks for the thoughtful video, but now I feel as though i am more anxious to pursue a career and publish work in the art world!? :)
I think it's best to weigh your pros and cons to selling online and then make the decision that is best for you. For me, the positives far outweigh the negatives and selling online allows my work to reach a global scale. I'd never be able to do that if I only sold in person. Good luck!
This makes me so angry, and has happened to me. I did a cease and desist letter, and Facebook took my image down. I think it's interesting that music has safeguards but art doesn't. Horrible. I may just learn coding so I can invent a security measure for us.
I don't know, maybe if this twerp's music was 'shared' everywhere without compensation, he would know what it feels like. But I know we're better than that.
Hi, I really appreciate yours tips, they are very valuable. I would like to know if I use as reference photos that are free of copyright, should I mention the author of the photo or the site where the photo is located? Another question: I painted my version of a famous painting by the Dutch painter Vermeer (Girl with pearl earrings) and posted it on my personal Facebook page. I do not intend to sell it, but if I were to sell it, do you think I would have legal problems, even if I was not fake or copy the original painting and got my name on it? Thank you.
The general rule of thumb is that if a photo is copyright free then there is no obligation to credit the source (although I'm sure it's appreciated). As far as your painting, I am not entirely sure about that and would hate to give you misinformation. Maybe someone else can add a comment here who might know :)
Claudio, why can't you take your own photos? If you are an artist, you're a creative person, aren't you? Photographers are artists, too, and deserve the same kind of respect you would expect for your own original work. Their compositions are THEIR compositions - why can't you come up with your own? We carry around cameras in our phones now - why not use it? You should trust your own eyes - create your own compositions - be original! That is what making art is all about.
Ellen, did you tried to report that site to Google directly? I would try. They are still selling your art in 4 countries.
It's so disappointing to know that my art has now expanded to 4 countries :( Google has not responded. Likely, I'm considered 'small potatoes' and not worth the effort.
I'm glad the musician sent you an apology. It's shocking to think this happens, and that the legal system really doesn't offer much recourse if you are an individual in business. The notion that an overseas company is setting up a shop that looks like it's representing you is unbelievable and so discouraging. You mentioned not posting high-resolution images. How do you do that?
Hi, Sue Ellen - and thank you for your comment here 😊 Most photo editing software will have options to save work in various sizes. Just search the various editing capabilities for something that gives you the option to resize. You'll generally be prompted to choose your size variations when you go to save an image (you'll be prompted to decide at what size you'd like to save it as). Choose the lowest resolution possible without making it look too grainy; you still want people to be able to appreciate it and not be distracted by an image too low in quality). I hope this helps!
Hi Ellen, Thank you for your info and for sharing your story!
Julie thank you so much for your kind comment and for watching! :)
Thank you, Ellen, for sharing your information. These are things I never would have known about. I appreciate you.
Judy, thank you for such a kind comment; greatly appreciate it and I'm so glad you found it helpful!
One way to get around this and to be able to control the images it to licence your works with a reputable company..so that when someone asks just send them to that company. And yes, Ive been doing it for years..Get paid and get your work out..
Michael Schofield but this is about art theft.
Unscrupulous People / companies are stealing art images to put on products that they sell or use in marketing, and are knowingly using artist’s work without permission, without giving credit and without paying for it.
The art thieves are not going to the artist in order to license the work and so are not looking to be sent to an agent or representative’s site to license art either.
As an artist myself, I understand why it's upsetting when someone steals your work and uses it for something you haven't authorized. But I'm wondering, why isn't it good that people borrow your work or use it for an album cover? It's free advertising, right? Or is that...totally wrong?
Erin Ottaviano I was upset by the fact that my artwork was being used for an album cover because I was never asked, nor was there any credit given back to me. Anyone who saw my artwork never knew who created it which for me meant that the person who took it without my permission had everything to gain and I had everything to lose 🙁
@@EllenBrennemanStudio Ohh...Yes, that makes sense. Thank you. I'm a little blonde 😂
Me and apollo and the muse.s are the ones that all of humanity better apologize to for copyright infringement
yeh i put some paintings up on etsy and within 2 weeks there where lots of copy cats so i deleted my account
I also recently found a site that's offering one of my popular paintings as a free download!
I am definitely going to start using watermarks.
Oh my gosh Judi - I'm sorry that you keep finding more and more people abusing your work. Google Reverse Image search is both a blessing and a curse. My followers are my eyes many times and will notify me. Right now I'm dealing with an issue with one of my paintings being used for leather notebooks (and being successfully sold for $90 apiece!) It's definitely the dark side of the internet for artists, but we can only put our energy into so many places.
@@EllenBrennemanStudio OMG! I know of artists who refuse to show their work on the web. But I know no better way to be seen.
This is invaluable info. Much appreciated Ellen!
You are so welcome!
Ellen... thanks for the video.... if you use low rez on your art, how did this guy get your high rez image of the panther?
Hi, John - that's a really good question. The answer, to the best of my knowledge is, he didn't. Low resolution images will produce pretty miserable looking knock-offs but if the user wants to improve upon an image, he/she will use a filter or overlay which can distract from the low quality image, therefore making everything look intentional. That's what was done to my image.
That's a scary thing to know.... then depending on what they do with it, all artwork on the net is potentially available for theft! Everything on my website is low, 72 dpi quality, which looks okay on the monitor screen but would look terrible printed at its normal size. Yet somehow they find a way to improve on it and use it. I'll have to use that google check to see what is out there. I don't sell anything, my site is strictly used as a portfolio for potential clients as well as published work that I have done. Thank you for an informative video.
Thanks so much for your contribution to this discussion, John. 72 dpi is about as protected as you can make your work without compromising on the image itself so I'm glad to see you're making it difficult for others to lift; every little bit helps! I'll keep fingers crossed that you don't find your work anywhere than right where you put it! :)
I've been on the net for quite some time but have never checked around... who knows. Looking forward to your next video, thanks and good luck to you as well.
How devastating for you 😱. Thank you for sharing & hope things go well with sorting it all out. 🙂
Thank you for your comment, Shayne :) Still working on it! lol.
Musos generally have integrity i have found because music copyright is more well known in that industry. Nice they contacted you. Maybe suggest a collab with a credit. or a sale or license for use.. Ask to do his Album covers from now on. Sorry looking for the opportunities. But I understand its gutting to feel taken advantage of. Great info cheers!!!
Ellen, thank you so much. Appreciate your advice so much 😘❤️💕
Once again vital info for us artists! I saw your work on Etsy and it is breathtaking!!!
Thank you!
Wow! Thank you so much 💓
Thank you for such helpful insight in the world of copyright infringement online!
Hello... A few words about international intellectual and copyright theft. Write to your attorney general's, write to the state governors, write to your country's embassy. Also write to the government departments and embassy's about the theft. Don't be afraid to show your work and the stolen image in the den of thieves shop.
Thank you for these tips!
My book is under Warrior Danika and it is on that site that you named!!
Ugh. I'm so sorry to read this :( They are doing this to so many people!
Is is possible to earn a six figure income from being an artist online?
Thank you! I have always enjoyed your videos. 🙂
Thank you for the encouragement; greatly appreciated 😊
Amazing n should allow you to lodge copyright infringement claim and make them remove it
You are so cool!!! Im a new subscriber of yours thank you!
Thank you for the info. I'm enjoying your videos. Very informative!
Thank you, Barbara - so glad you're finding them helpful!
here in australia I saw a designs from a cool tshirt label from the usa (Bandit Brand) totally plagiarized by Cotton On - the wording was slightly different but the style and lettering was identical. I turned around, walked out and will never step foot back in a Cotton On store. fuck em!
I completely understand! There are several places here in the US I refuse to shop at for this exact reason.
just checked and that rip off-site is still like and active !!!
I have had the hardest time with this site; they've been doing this for years now 😞
I don’t know, since this video is from 2018, if you’ve had contact ( and success) with the people at Bahrain but all of your images are shown as out of stock. So it looks like they are not actually selling it at least. Still disturbing and painful but more painful if they were profiting from your efforts.
No contact from the company, Lynn. This site has not been on my radar lately as I'm batting other companies profiting from my work. I just try to do what I can, where I can and keep going.....
Ty
Another great video Ellen thank you for sharing! xx
So glad you found it helpful, and thanks for your comment! :)
You always have great information
Belinda, thank you for all of your love and support 💕
Ellen Brenneman Studio I hope to meet you in person one day
I would LOVE that!! One day, my friend.....😊
I think that desertcart (dot) com site might actually be buying your products on the back end and delivering them to people living in the UAE region. Read their "About Us" page where they start off with "DesertCart understands the lack of variety with regards to products for online shopping here in the UAE, and is also aware of the extreme costs of shipping, handling, customs and all miscellaneous expenses of bringing in products from US based online retailers."
I know it's frustrating to have people steal your work, but this site actually looks like it might be a legit importer and not a copyright infringement (beyond the fact that you've not listed directly on their site.) I have lived in a couple different countries and some of them are difficult to buy US products because they're not available in-country and US based websites don't sell into them. I definitely would expect the UAE to be very similar because of the extremely strong regulatory controls in that culture.
Thank you for your enlightening comment!
SInce the artist contacted you and appologized, you should have taken the opportunity to try and sell him the right to use the artwork for his cd's. He obvously liked it and had success with it. He might have felt it worth it to continue using the image for continuities sake.
That is a really good point; I hadn't even considered that!
@@EllenBrennemanStudio I don't recall how long you said it's been but might be worth an email since he'd used it so extensively.
Yes, get some royalties!