Jeanne,
Look at the bottom of my website's front page; there is a link to Copyright
Law web page.
This is happening more and more. Apparently folks "out there" think anything
on the web is free to copy. Also, many of my customers think that once they
purchase an art work, they own the image and "can make a few Christmas
cards" from my images.
After the last wonderful experience, I went back and watermarked every
single large image on my website and placed the Copyright information at the
bottom of every gallery page (I have 216 large images and 424 pages on my
website!).
So many people have asked me off line that here is a letter I wrote to the
last folk that used one of my images without permission. A lot of tough
sounding blabbity blah got the job done. I got paid and I got exposure on
the company's website for ever more as a "collaborator in design". I omitted
the company's name below. The reference source for the letter is "Art Law"
Volumes I & II, Eds. Lerner/Bresler, pub. Practising Law Institute.
Dang those people!
Maria
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It has been brought to my attention that a proprietary image from my website
was used in your advertising in ----------------. Upon research I also see
it is being currently used to illustrate your website line. Image in
question is here:
http://www.1000woodcuts.com/fullsize/yggdrasil.html
In addition to the watermark on the image itself, this caption appears on
the bottom of every page:
All images in this web site Copyright C Maria Arango, 1999-2999
Reproduction by any means, creation of derivative works, display or
distribution of any and all images without explicit permission from the
artwork's original creator is prohibited by law.
Complete information on Copyright Law can be found here:
http://www.copyright.gov/circs/circ1.html
Please note that I have not given -------------(company) nor any of its
agents any permissions for such use or any use. Therefore your use of this
image without permission is illegal and protected by copyright law.
This email/letter serves two purposes:
1. Initial order to immediately CEASE AND DESIST any use without permission
of the woodcut image Yggdrasil by Maria Arango for any and all purposes by
you or any of your agencies.
2. Initial immediate request for payment due for one-time reproduction
rights and continued use rights, as follows:
* Published image @ rate of $175 (per publication, per instance)
* Published image on web site, current and ongoing use @ rate of $575
(unlimited web-only use)
* Any additional "in press" advertisement which will be published in
future issues of the mentioned journal or any other journals @ rate of $175
per publication, per instance
3. Should you find it more convenient to acquire non-exclusive
advertising/publication-reproduction rights for unlimited use of the image
for the sole purpose of commercial advertisement [Woodcut: Iggdrasil by
Maria Arango] in both printed and digital media, those rights can be
acquired for a one time payment of $1550 submitted with the proper legally
signed contract. Once such contract is signed by both parties and the monies
received and cleared, the cease and desist order [1.] and request for
payment for prior use(s) of image [2.] may be voided.
The acquisition of advertising/publication-reproduction rights for the sole
purpose of commercial advertisement does not warrant any other rights
including but not limited to the creation of any reproductions or derivative
works, reproduction of the image with intent to sell the image as a stand
alone product or in promotional items (mugs, t-shirts, etc.) or any items
designed for profit, or any other reproduction rights for any additional or
derivative use not explicitly specified in the contract.
I respectfully request that you attend to this matter with expediency and
respond in writing in a timely fashion.
I can be reached (best by email) at:
Maria Arango (aka Maria Diener)
2544 Casey Drive
Las Vegas, NV 89120-1819
USA
702-326-7765
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