Obviously ...
wfeller
Registered Users Posts: 2,625 Major grins
To make a long story short-
A couple months ago, June 23, 2012- I found/discovered/was told about an obvious infringement of my work--more in fact, a direct copy derivative, in the form of an 8' x 12' mural in public display in a community local to me.
I formulated a strategy and have started to document the case. I'll be updating the info as events and correspondence progress. If anyone would like to follow along over the coming months the page(s) may be found at:
http://aeve.com/1ssc/
I would appreciate reading any comments from my fellow dgrinners and smuggmuggers in this thread.
-w
A couple months ago, June 23, 2012- I found/discovered/was told about an obvious infringement of my work--more in fact, a direct copy derivative, in the form of an 8' x 12' mural in public display in a community local to me.
I formulated a strategy and have started to document the case. I'll be updating the info as events and correspondence progress. If anyone would like to follow along over the coming months the page(s) may be found at:
http://aeve.com/1ssc/
I would appreciate reading any comments from my fellow dgrinners and smuggmuggers in this thread.
-w
Anybody can do it.
0
Comments
Thank you--piece by piece.
http://www.mainstreetmurals.com/msm-events10-10/mural-ded.pdf
Not even the least mention or credit of where the image originated from.
I'm still updating the page ... tune in.
http://aeve.com/1ssc/
Could the civil suit route jeopardize their non-profit status? Seems reasonable they would have to disclose that, then combined with a bit of publicity (ie: social media) regarding the blatant theft of works of art they present, their revenues might drop significantly. And it's interesting the 'artist' is the VP of the organization. As a Board Member of the gallery, is the artist shielded by the entity, or can she be held directly liable?
:lurk
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IMO both of them could be held directly liable. The coordinator/president for not getting the proper image authorization and the painter for not declaring an interested persons status. They both have their little fistful of dollars. Being members of the organization would probably work against them.
I imagine their grantors would be fairly pissed at them, I 'know' people at the Community Fund.....
This was probably just pure incompetance and ignorance, Barstow is, well, an odd mix. Many people in Barstow have no idea what lurks in their own backyard, unless they need to dump their trash in the Waterman hills without paying disposal fees, and it probably never occured to the mural artist that she could go out and seek her own inspiration. They'll probably plead for forgiveness till it snows in Barstow again and consider that if they've painted over it, then they are absolved of further responsibility.
"Mural based on an original photograph by Walter Feller, www.walterfeller.com". Man, what free advertising that could have been.
Link to my Smugmug site
"You miss 100% of the shots you don't take" - Wayne Gretzky
I received a call from an attorney today pleading to negotiate terms to where I would stop posting "information" on the internet. In nearly the same breath this attorney asked what my side of the story was? Funny, how not only has my right to control my creative work been run over, but now there's an attempt by the same person to control what I say, what I write--my side of the story. I told the attorney to put what they had to say in writing and send it to me.
http://www.flickr.com/photos/barstowsteve/5873265814/
Still up from 14 months ago
www.acecootephotography.com
And from the above page, right side it's apparently in other places as well on Flickr:
This photo also appears in
What's also interesting is, her painting/your image is STILL posted on her site and no credit given.
http://mysite.verizon.net/resqzb41/id4.html
Her 'tag' line is: I'LL PAINT ANYTHING THAT WILL HOLD STILL ! Maybe it should read I'LL PAINT ANYTHING THAT WILL HOLD STILL INCLUDING PHOTOGRAPHIC WORKS OF OTHERS!
For grins, you might ping the musical group to see if their work is being used without permission. Take a look at this image she says is her next project to be located at TX BBQ 208 Main St.
http://mysite.verizon.net/resqzb41/2006.01.01_arch.html
Now, look at the google image results. See anything that looks the same?
https://www.google.com/search?tbs=sbi:AMhZZivxRB5fITe35gQz2nCTV7pkTCDLlHoQtRiF_1VrCk93Eb8STROey5Ko3h_1F5S1hb6gc9-_19HhUd2HFWN1Bfvm26ou8heCbkNOxlXgQ-V-_1JRngnJXcr9j-aIepHy1xw1qat2XH17qP-PR6dxtabng4iC0FAZailstHIbMGHeWrw_1ex5Zw1KrEelbYwUROMhgSV8_15PKbgPyB-I_13K5IP2BQgPeSN0x8_1wZXlsWNWxWnTVhPirf6d_1gj7E1YVS6HfyCZAW6zk-KzS3K-341tDlHrM_1seBrjEAkXAzlaFtK1Lx7br9KfxNzXjAqE-l5vrY3xcC8BCqXVRmarc9wKAuCXxuNiQCrcKKEpw_1J7w1Sf4MGP5fNts9Bk7tbwiEAGbLkSAk9wNAR3l6s7V4naTYUaoJoG0iMjVnDviFCshRE-zNIu1hVbvAqMya8ytLw16r6id3zfUhIZOEZQPo8mQsr9iFZarX_1He3d96V0t5MvQAflHcQ_1bNCmwUQ_1sXnKkxD4eYIOp700FG6g1Xtc9lQnyTp6zCsmCnWBg8a68iXPhis2D_1wJms7LuMW7a32_1XQwDhAlE_1sCc10lWUVMrvAFHcs38QozMLwDjEah0M9weLHcaK90dIDe_10AUbG-HDNdVI6kBglfDswSFfnCkhd1j9phJv9pcG8pIiSZLCkpvtPl0NV6VO0GAj1wHmieQFGCor5irKysVQQOG5EgEnzna2k9RRhYY3qvQTJNoDt4fY5CY4lsA7DpVAzHOChHi0ZG2oPmT8XP5RHkoYKJ_1ngQq0wbFNmXcEwJYeQm28JnHv1oGSJ15TPRpEsGYtiB04VtIRe6PaZ_1813dW0Sf76EW4RwYJELbKh5af-QhsCvVfpTnBNsw9StU7jgWO3halq6TlLjW0OCpywuj_1IYYWXZehqVVgvezu51XIhJQuh6cBZIDII5LciS6h3tns0Nvn56l4UmTWi_1GmHxaY2cRnJLE26to9mnqQEsl713JXPDi6z2RiJ4Zu8jXbA4yMPL0q0YD9zwe20sSAPmyxR0swQbK2RCk7SeC5w8shmRtnc658pEzwQ9vtN32TlBHgYyzKiCxs-q_1iw73bXCFICsVdFd4LvA7ZUZ-su5DGbYCc-FftFJbDhZQ87gFdGb0py4QW3xBdoeUULaLReR-gBv2luVkw4h1kEG8XQW_1FksvfIDAvkr5WFGEK1LB62S2Dhpbpnk53huRCqMkVFwHTDQSIV4gOteJI4f6CotKe6e1UNPWzVFjQa8PTTXRsT0sRILwLS-B86x_1UOa7Croj-CO9WssA-7EOKNG2Fq-nZV-0AO_1KLVTJLczcAsOKry2-TZyjviQeMIpKq6-H0OV9471cfguPjMX_1jxtN4mh0u-CK7suMcTLgvRfx_17X-A1G0szlZpergf54kpb_1IW&num=10&hl=en&safe=off&bih=798&biw=1608
I'd put heavy money on the fact that ALL her work follows this pattern...
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Having been recently watching the appendix dvds from the extended dvd set of 'The fellowship of the Ring' and seeing what Alan Lee / John Howe created for PJ ... she's got a real cheek.
(btw I particularly liked the bit where PJ asked AL for a 'pic of a staircase' ... one line in the script (iirc) and what he was presented with
Best of luck with this.
pp
Flickr
"Barstow Steve" is close to the group as well as all community events from what I can tell, and it's through his photos that helped me place the date of the public display of the work.
I'll find out probably later today if the Kill Henry Sugar cover photo is on the Texas BBQ wall. I have emailed the group to try to find the photographer.
I'm not surprised that the coordinator sold out the 'painter' as being an amateur and put all the blame on her in the first heartbeat:
http://aeve.com/1ssc/1-msm-07-30-12.html
I'm pretty sure that it's Barstow Steve's flickr page where in July of this year they had an official ribbon cutting for the latest mural, Wildlife, where the images are obviously from a professional source.
That attorney has a massive reading problem then. I'd add that part to the story too (on the internet).
"You miss 100% of the shots you don't take" - Wayne Gretzky
:-)
I'd like to find out who the original photographers were on the most recent mural:
http://www.flickr.com/photos/barstowsteve/7502789858/
(Note the signature of the "Master Artist" on the lower left in the credits several shots into the set)
http://www.flickr.com/photos/barstowsteve/7515073774/
There isn't a a mural on the Texas BBQ, but there is one across from the building- I haven't verified whether or not it is the DVD photo cover. I have found the licensor, if it is in fact that image.
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I don't have the impression the BBQ one has been done yet based on her website comments. Just above the picture she posted it says "Planned for the side of the TX BBQ 208 E. Main St"
You might consider checking with the bbq place to see if a date/time has been scheduled for the installation?
And I found this on MSM's site indicating Kathy Fierro as part of the "team" representing Main St. Murals. Not that the skatepark project is your work, but this sure seems to show a strong connection between MSM and the artist.
(Source: http://www.mainstreetmurals.com/skatepark.htm)
"A mural dedication will kick off the days activities to celebrate the talented local artists who have worked under the guidance of Main St Murals team; master muralists David Brockhurst, Kathy Fierro and President Jane Laraman-Brockhurst.
Google Images is a good resource for stuff like this. You can provide the URL or upload a copy of the image for comparison/searching. That's how I found the above match.
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You mean this one?
Source: http://109daysingreensburgpa.blogspot.com/2012/01/home-of-bobcats.html
To match the mural of this:
Me thinks there's a pattern going on here.
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She's in the IRS form as 'vice president' @ an average 4hrs / week.
pp
Flickr
"bobcat"
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It will be another day or two before I can do anymore updating to the page at
http://aeve.com/1ssc/
But there are 13 organizations involved in this overall partnership. These two people, in my opinion have put all of these partners' as well as the city of Barstow at risk.
http://aeve.com/1ssc/2-reply-nps.html
Which was the response to my letter:
http://aeve.com/1ssc/2-letter-to-dubois.html
In my response to the certified letter I was sent:
http://aeve.com/1ssc/1-reply-nps.html
That was sent to make sure I read this letter:
http://aeve.com/1ssc/1-msm-07-30-12.html
In response to the initial invoice I sent Main Street Murals:
http://aeve.com/1ssc/1-invoice-07-02-12.html
--
BTW- if anyone would like to share the top page link:
http://aeve.com/1ssc/
On facebook or any other forum, please feel free to, I'd appreciate it.
(MSM animal mural photo can be seen here: http://www.flickr.com/photos/barstowsteve/7502789858/sizes/k/in/photostream/)
Or Getty Images might help, pretty sure this is the coyote:
http://cache2.asset-cache.net/gc/148613402-desert-coyote-aka-mearns-coyote-in-mojave-gettyimages.jpg?v=1&c=IWSAsset&k=2&d=q49FLNrKVsw08Fs1KsxQEedLq5PuFi08wUnxBmCSrizySXHUHf7DkMWy5NoMWOll
or maybe Istock photo:
http://i.istockimg.com/file_thumbview_approve/5837737/2/stock-photo-5837737-beautiful-red-tail-hawk.jpg
another stock photo for the sidewinder
http://www.visualphotos.com/photo/1x6350505/mojave_desert_sidewinder_3w9238.jpg
I spent way too long on the train this morning:
scorpion image is this one, but I can't figure out the origin
http://rateeveryanimal.com/wp-content/uploads/2011/12/scorpion.gif
I can't even figure out the species of this one, I've seen lots of scorpions in the Mojave, never seen one with such a dark (preabdomen?).
Mountain Lion image is this one- but again, reverse image search isn't giving me the original
http://www.duiops.net/seresvivos/galeria/pumas/Dangerous%20Creatures%20wallpaper.jpg
Hopefully these sites don't mind the image linking, dgrin can't use up too much of their bandwidth, can it? I'd have just linked the tine eye search, but those searches only stay active a day or two.
Your internet-fu is strong.
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Flikr 'folder' which includes the higher res shot of the animals murals is now password protected- I had screenshots I was using on the train, still have them.
I'm floored by how little is changed from the photos (I have a few screen shots of the mural).
You'll also notice the mainstreetmurals.org site no longer shows who their sponsors are. They used to wave that all over the place. I think what they have done to Barstow, the high desert, the art community is despicable--this all could have been such a beautiful thing- Meaningful to so many people and a positive experience for a long time to come. Instead, Jane and Kathy have 'pansed' the entire community.
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