Copy Right Violation

[Daniel Jean-Baptiste]

I have just discovered a silk artist in the UK reproducing my work and claiming it as her own. Glynis Aherne of Bude Art Society seems to think that my creations are hers. Her site is http://www.budeart.co.uk/

What would you do in such a situation.

[Jean-Louis Mireault]

Daniel,
That is what is happening with GREAT MASTER. Too bad but you don't have the choice. I think that people don't realize that there is a copyright in visual art, the same thing than in music or writing... We have to sensibilize the population to our copyright.
I remember once, I was at le Salon des Métiers d'Art du Québec, in Montreal, my big annual exposition and there comes a guy with an album of his artworks. He told me: 'Can I show it to you? Do you have time to look at MY artworks?" I didn't really had time but I said OK.

First acrylic painting, My artwork called 'Attention au méchant loup'. I was so surprise. His second one, My artwork called 'Le coq de ces dames'. Where is my lawyer? The third one and so on... 12 of my paintings, slighly interpreted, on canvas with acrylic. And they were all signed by this "artist".

Before I can say anything, the guy told me:"I am so proud of my artworks. I want to tell you how I admire you. You are my inspiration and it is a great honor to work from your cards. I have the whole collection. I paint 12 of them and I want to paint all them in the future. Thank you to make so wonderful paintings."

My goodness! I told to this pseudo-artist that I was very pleased by his compliment but in the future, I will be a lot more really pleased if he can put, under his signature, a little note saying 'Inspired by Mireault'. And, of course, the guy ased me : 'Why?'

I took half an hour with this admirer of mine to explain everything about copyright. He excuse himself and told me that in the future, he will write this note and for now, he will take His 12 paintings already done and put the note. He was so full of recognition towards me because I took time to look at His artworks and he thanks me also for the explanations.

During this 21 days exposition, I received 2 other 'ARTISTS' that told me a similar story.
A lawyer will cost me all my gains. Half an hour, 3 times in 21 days, it does't cost me too much. My wife was insulted by those copyists but I told her:' During they are copying my past artworks, I work on new one.'

Daniel, YOU ARE A GREAT ARTIST.

Friendly yours.

Jean-Louis Mireault, artiste de la soie

[Daniel Jean-Baptiste]

Hi Jean-Louis:
It sucks that people can be so bold. She is living in a fantasy. I will just shut her down online and get her kicked out of her art society.

Thanks,
Daniel Jean-Baptiste

[Maria Jürimäe]

Daniel,
it is a pity, but it really shows the ignorance of some (many?) people!
I remember a lady in my silk painting class - she always brought a photo (sometimes it was from another painting) with her and wished to copy it, and it really took some time before she realized, that silkpainting is NOT craft of copying other's desings (or - it may be something like that too, but this is something quite different).
Some people have also warned me, that it is not wise to expose my designs in internet because people may steel them. And it is true - I have already seen some "copys" on markets. But they really are just copies, and I think exposing the works in net is a good evidence, who really IS the autor!
Good luck! you are a great master!

[Daniel Jean-Baptiste]

Thanks Maria:
Unfortunately to succeeded as an artist you need to have world wide exposure, the more you become known the higher the value of your art. It's impossible to stop the copy cats, it's the sign of a lazy person who lacks imagination. I'm just happy to have caught her.

[Mary Hertert]

Hi Daniel,

I noticed that you mentioned as a response to another comment that you would have her kicked out of the association. I agree that that would be your strongest course of action.

Have you tried a strongly worded letter to this gal's association pointing out the specific pieces that she has stolen from you? I don't know too many associations who want to keep people who are plagiarizing work. They especially don't like it if publicity gets out that they protect or promote individuals who are falsifying artwork and pretending it is theirs. You may not be able to stop her as an individual but you can certainly get her kicked out of the association and out of the forum that allows her to promote on line.

[Francine Dufour Jones]

Hi Daniel,
It must be very frustrating to have your work stolen and duplicated. Grrrrrrr No one can steal your creativity and you certainly have no lack of that. Your style is uniquely yours; that is for sure. Your art is wonderful and very recognizable. This should be apparent when someone tries to copy you.
I noticed her name seems to have been removed from the Bude Art Society. Perhaps that may be of some comfort.
I did noticed this link you may want to talk to the owner there also...
http://theseahorseshop.com/seahorses-for-your-home-and-garden/seaho...
Warm regards,
Francine

[Daniel Jean-Baptiste]

When your work is copied, renamed and then published online it's like having your home broken into. Creativity involves a weird mental state for me from irritation to total bliss when everything comes together. Seeing my work stolen was a strange feeling, but I cannot Judge lazy people, they will never know the ecstasy of discovery.

[Jean-Louis Mireault]

Daniel,

Good! I visit the web site given by Francine and when you click on the illustration, it says ' not found'. I am astonished by this event. This lady copied and also put it on sales on E-Bay... My goodness. I think that you have done the good thing and if you need any collaboration, I am ready to write to the Bude Art Society to support your recremination.

You are right in everything you wrote and ... you are a GREAT ARTIST.

Friendly yours.

Jean-Louis

[Christine Sutherland]

Hi All,

I just posted this to the yahoo group site too, sorry for this double email for those who read both sites.

My comment on knockoffs, since I have been a victim of this in recent years...
I learned in my college years that even using a photograph that someone else took is a violation. I never use other photos without permission, I never use anything other than my own photos, my own sketches.

When I first saw my own artwork of a daisy I drew the morning it bloomed in my front yard, (I sketched it with pencil and still own the sketch, the original painting which is six feet long is still hanging in my home to this day) on the walls of a gallery on line and on the website of the artist that interpreted my artwork, I went numb, literary, I felt something was very wrong.

It is a violation when it is put in a gallery to be sold, it is a violation if they do not give credit to the original artist.

I like Jean Louis decided to talk with the copy artist so I phoned the artist right away, this was after I had contacted the gallery that she had exhibited the copied artwork. The copy artist agreed to take the painting off her website and has given me her word that she will not sell it and the gallery basically did nothing because she is a well respected artist in her community. I do think that she learned from this experience and she will not be using other artwork in the future.

I do think if we educate people of their ignorance it is all we can do, like Jean Louis said, it is too expensive to go to a lawyer and too time consuming and who wants to argue. The artwork would not be copied if they did not really love the work itself so I agree with you Jean Louis, discuss it, resolve it... will end it.


Good luck to you Daniel!!

warm regards
Christine

[Lynn Meek]

Christine brings up a good point: many people think nothing of copying a photo from a magazine or from a photo they've found online. This is a total infringement of the photographer's copyright. Unless you've personally taken the photo yourself, it's NOT yours to copy.
However, I've come across a wonderful website where photographers "dump" their photos and generously allow them to be used by artists, teachers, etc. Check out www.morguefile.com - it's easy to navigate, sort by subject, etc. I think the only stipulation is that you cannot reproduce the photo EXACTLY as it is. It's a wonderful resource for all kinds of reference photos.

Good luck Daniel - I think publicly "outing" this blatant copying is the best way to try to control it. Lynn

[Daniel Jean-Baptiste]

It is true that in the visual world nothing is original, in fact most of the great artist around the world use everything around them from sound to online images, movies, everyday life to create a concept in their minds, it works differently for each person, and sometimes an artist gets lucky in producing an expression of art that uniquely becomes identified as a personal style. When this happens it becomes very easy to identify plagiarism. The world is getting very hard for artist to make a living and the theft of intellectual property is very inviting when you have the venue but lack the talent. I am not dismayed by this blatant disregard or respect for my work, I'll just keep my eyes and ears open for the next crook who will be posted on my "Knock-Off" section on my web site.

[Linda Marcille]

Daniel Jean-Baptiste, I was so shocked when I saw just how many of your beautiful paintings this girl had plagiarized
from you . I would think it would hurt terribly as an artist at first to see that someone had stolen so much of your work and was having numerous exhibits with them.

If you do a Google search on her name now it appears that the galleries and associations that she was linked to have removed her, looks like her Oct show has been canceled also. This girl has destroyed herself, her art career is badly damaged if not ruined completely.

Karma is a powerful thing, what you do will return to you. Still it makes me sad for her that she made this very foolish choice, that she was the creator of her own downfall. I think she must have know on some level that what she was doing was wrong, now she must face the public humiliation.

I think the way you handled it on your website was very wise and very educational to other would be copy-cats.

Be Well,
Linda Marcille
Crow House Studio
http://www.crowhousestudio