This is probably the most daring approach to rejection of personal copyright i've ever read coming from an artist. And he's a very GOOD artist, potentially loosing quite some money with his point of view. Read here: [link]
Worth your time and any discussion deriving from it.
He makes some good points (albeit in histrionic fashion)- but at the end even he says he just might start suing people if his works are used for commercial purposes. If the "thief" was offering a print of it, and the original artist had affordable legal services at his disposal, I wonder if the attitude would be less passive-aggressive. At the end of the day, the original artist wound up with a DD that links back to his work (and calendar, for sale). Not too shabby.
Earlier this year, the BBC used one of my works in a promotional video with Matt Smith and the rest of the Docotr Who cast [link] No one ever asked me- I only found out about it b/c fans told me about it here on DA. But I was THRILLED that my work was getting that kind of publicity, and it wasn't like the BBC was taking money out of my pocket (they could have just as easily NOT used it and still have had basically the same product).
The year before, I ran into a guy at a Con who was selling the exact same piece on knockoff posters (with my signature removed). I told him to his face he had to destroy the counterfeit merch or I'd take the matter to the Con organizers (he immediately complied). Similar on a certain level to the BBC thing, but wildly different too. Truth be told, if it were an original character of mine and not fanart, I wouldn't have even given the guy an option. Now, if I saw someone in Artist's Alley selling original fanart BASED on a creation of mine... I'd probably feel a little irked, but I'd mostly be flattered that my character had made it too a level to merit fanart (a lot of it would depend on the quality of the art and how derivative it was too). But really, we should all be so lucky.
Intellectual property laws have definitely been taken way too far. It's not good for creativity and it's not even good for commercial innovation and competetion (the Samsung/ Apple lawsuit being the most glaring and recent example). We do need SOME though. If an artist can't put in hard work on an original idea and make money off it, there's going to be a lot less good art in the world.
Thank you for stating that point in a way only a native speaker can. I wholeheartedly agree on the reselling issue. But as I understood the original article the artist also implied intellectual property as a concept itself was outdated (the McCartney argument). Which i find quite dangerous in the long run. Originally those principles have been established to protect the artist and not faceless brands (e.g.: The Hogarth law). Revoking those privileges might make the latter even more powerful.
P.S.: Congratulations on your TV appearancde. But be it as it may - even the BBC could/should have gotten down from their high horse to ask. Especially having in mind a certain fanart knitting debacle some years back...
He raises some good points. Personally I'm in favor of rethinking the intellectual property / copyright, and I totally associate myself with his next to last paragraph. Both concept and attitudes toward the copyright issue are stuck in an ante-numeric, pre-internet era. And those technologies are not going away...
I concur. But not being able to at least protect SOME rights gives me headaches. Or would it be fair to make a mint by simply copying/interpreting someone's artwork in a different medium? The original artist deserves not only recognition, but also financial compensation for their part in an artwork derived from the original.
E.g: Even if it wasn't out of a question to sell my fan art: Both photographer and the person portrayed deserve compensation, so I'd probably never sell it on a large scale even if i could.
So i guess I'm going to stick with the Creative Commons crowd, after all.
You're right too, some right should be protected. The key word should be "flexibility", meaning adaptation to the case. Although the variety of situations would make a new copyright excessively complicated to conceive. This DA user is debating over inspiration/reappropriation, which is another complicated issue.
(I fear i lack the vocabulary to make my case totally clear without betraying my thoughts, so i'm gonna stop right here)
Earlier this year, the BBC used one of my works in a promotional video with Matt Smith and the rest of the Docotr Who cast [link] No one ever asked me- I only found out about it b/c fans told me about it here on DA. But I was THRILLED that my work was getting that kind of publicity, and it wasn't like the BBC was taking money out of my pocket (they could have just as easily NOT used it and still have had basically the same product).
The year before, I ran into a guy at a Con who was selling the exact same piece on knockoff posters (with my signature removed). I told him to his face he had to destroy the counterfeit merch or I'd take the matter to the Con organizers (he immediately complied). Similar on a certain level to the BBC thing, but wildly different too. Truth be told, if it were an original character of mine and not fanart, I wouldn't have even given the guy an option. Now, if I saw someone in Artist's Alley selling original fanart BASED on a creation of mine... I'd probably feel a little irked, but I'd mostly be flattered that my character had made it too a level to merit fanart (a lot of it would depend on the quality of the art and how derivative it was too). But really, we should all be so lucky.
Intellectual property laws have definitely been taken way too far. It's not good for creativity and it's not even good for commercial innovation and competetion (the Samsung/ Apple lawsuit being the most glaring and recent example). We do need SOME though. If an artist can't put in hard work on an original idea and make money off it, there's going to be a lot less good art in the world.
I wholeheartedly agree on the reselling issue. But as I understood the original article the artist also implied intellectual property as a concept itself was outdated (the McCartney argument). Which i find quite dangerous in the long run. Originally those principles have been established to protect the artist and not faceless brands (e.g.: The Hogarth law). Revoking those privileges might make the latter even more powerful.
P.S.: Congratulations on your TV appearancde. But be it as it may - even the BBC could/should have gotten down from their high horse to ask. Especially having in mind a certain fanart knitting debacle some years back...
But not being able to at least protect SOME rights gives me headaches. Or would it be fair to make a mint by simply copying/interpreting someone's artwork in a different medium? The original artist deserves not only recognition, but also financial compensation for their part in an artwork derived from the original.
E.g: Even if it wasn't out of a question to sell my fan art: Both photographer and the person portrayed deserve compensation, so I'd probably never sell it on a large scale even if i could.
So i guess I'm going to stick with the Creative Commons crowd, after all.
This DA user is debating over inspiration/reappropriation, which is another complicated issue.
(I fear i lack the vocabulary to make my case totally clear without betraying my thoughts, so i'm gonna stop right here)
(And indeed, discussing in English always ends in frustration for non-native speakers like us).