Archive 2012 · Should I be worried or flattered?

dbaphotography
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p.1 #1 · p.1 #1 · Should I be worried or flattered?

The other day my daughter saw what looks like a photo of a drawing on facebook and emailed me a copy. Apparently one of her friends had commented on it and it showed up on her page. As you can see below, it appears to be taken directly from an image I have on my website. (Not the best image, but fun for the kids.)

Here is my shot:
http://dbaphotography.com/img/s3/v25/p384341885-4.jpg

and here is the one my daughter found:
http://dbaphotography.com/img/s3/v39/p542540989-4.jpg

I don't know if this is just a high school art student trying to learn to draw, or if the artist has other plans. Should I care? Has anyone else ever had a similar experience?

May 03, 2012 at 05:18 PM

P Alesse
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p.1 #2 · p.1 #2 · Should I be worried or flattered?

The interesting part is that it wasn't done with a photoshop action. The student actually sketched this from your photo. Take a real good look at the hair. It's not quite the same.

May 03, 2012 at 06:12 PM

Tom D
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p.1 #3 · p.1 #3 · Should I be worried or flattered?

Personally, I'd be flattered. I used to pencil draw when I was a kid, on through high school, and used published photos from LIFE mag to practice on. This was probably a high schooler who loved your shot, used it as a model, then was excited enough about the finished product to share it on FB. Kinda cool that this person chose your shot, actually.

No harm, no foul.

May 03, 2012 at 06:46 PM

John Patrick
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p.1 #4 · p.1 #4 · Should I be worried or flattered?

Color me wrong, but isn't it still a derivative work prohibited by the copyright laws of the US? If I were the OP, I would at least start a conversation with the artist.

John

May 03, 2012 at 11:20 PM

Caleb Williams
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p.1 #5 · p.1 #5 · Should I be worried or flattered?

To prove copyright infringement, there first must be the following: 1) the alleged infringement bares substantial similarity to the original and 2) the alleged infringer had access to the original. Both seem to be the case, but depending on how the alleged infringer intended to use your photo, she can make a case for fair use.

See Columbia University's Fair Use checklist to see how this instance stacks up: http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/

Without knowing more, I'd lean toward non-fair use, but it really depends on the scope of the reproduction. Does Facebook point toward a more broad reproduction or the fact that the artist reproduced just one of your works (as far as this is concerned)? Also, does this photo affect the "Potential Market for or Value of the Work"? I would learn toward it not doing so.

And to answer your question, US Copyright laws absolutely protect the right to the creation of derivative works.

----
Keep in mind that none of the above is intended to be legal advise and is given solely for information purposes. For legal advise, consult a lawyer licensed to practice law in your state.

May 04, 2012 at 02:07 AM

James Broome
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p.1 #6 · p.1 #6 · Should I be worried or flattered?

timgangloff wrote:
Oh, and one more thing, as a bit of C&C for the artist, I'd have opted to skip the light post in the background.

Heh. First thing I thought of as well.

May 04, 2012 at 09:05 AM

DukeK
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p.1 #7 · p.1 #7 · Should I be worried or flattered?

I dunno about you, but I'd at least want to know who the artist is and why exactly they chose this photo. Was the artist a friend of the girl in the photo?

May 04, 2012 at 08:09 PM

TwoKooL
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p.1 #8 · p.1 #8 · Should I be worried or flattered?

It's a quite interesting shot!

If you're on a laptop, I don't suggest looking at it upside down though. It reminds me the Exorcist movie.

I'd be faltted too. I'm pretty sure you can contact the artist and figure how it was done.

If I was the artist, I would have contacted the photog before doing the art.

May 04, 2012 at 08:24 PM

John Korduner
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p.1 #9 · p.1 #9 · Should I be worried or flattered?

Im not sure why you'd be worried. Every artist needs inspiration. Is this one trying to turn a profit on your work? If someone wanted to push this to the letter of the law, they'd question the release from the athlete, the use of the Nike logo, and the school's jersey...if this was a baseball card or commercial display, photoshop would be strong.

I'd google Daniel Moore for more insight about fair use and this scenario.

May 04, 2012 at 08:39 PM

Tom D
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p.1 #10 · p.1 #10 · Should I be worried or flattered?

John Patrick wrote:
... If I were the OP, I would at least start a conversation with the artist.

John

Remembering all the hours I spent as a teen, innocently copying photos with my pencil drawing in high school and college, then showing them to family or friends, I'd keep this in perspective and leave the kid alone.

May 04, 2012 at 09:36 PM

shaneroper
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p.1 #11 · p.1 #11 · Should I be worried or flattered?

I would think it's nothing more than drawing something she/he see's. I am sure most of us have looked at other photographers work and tried to copy how it was done but on a different subject...I wouldn't be to worried about it..but that is me.

May 04, 2012 at 10:50 PM


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