My artwork was taken and used, but...

**JustinBeckett** · October 12th, 2006, 12:24 PM

Hey guys some guy i don't know took my artwork for his website, and he wants to use it on dvds for a skateboard movie. The thing is, he wrote me an email after he had it on his website, asking if he could use it, and if not he will remove it, also he asked for the full uncompressed file, if i said he could use it.

Im not sure if i should just say yes he can use it, or say no, or charge him to use it. The video looks alright, im a skateboarder myself so i can tell the video has some potential, but im still not sure what to do.

This was the site he used it on, and a tralier for the video is on there too http://www.shiftyproductions.com/

~JB

**Dile_** · October 12th, 2006, 12:32 PM

I belive theres no reason to fuck with them by charge them for useing your stuff, at least he asks, and he says they take it away if you dont think its cool?
I think theres nothing to fight about, let em use it, or just say no, they are not allowed to use it!

**Seedling** · October 12th, 2006, 01:52 PM

Either ask for money, or ask for them to put up a link to your website, or do some other bit of publicity for you. Don't let them use the art for free, because they need to learn that using first and asking later isn't kosher.

**romance** · October 12th, 2006, 02:00 PM

Nothing wrong with free publicity. I wouldn't bill them for it , as they actually asked your permission to use it, (despite posting the picture before your reply). No harm done. Do as Seedling suggests as well, get them to post a link to your website.

**Justin.** · October 12th, 2006, 02:49 PM

Personally, I would charge them a pretty small usage fee if they are going to use it for their video, or a well visible link to your site in the Credits or something. But as for what they've done, no real harm I guess.

**CaptainInsano** · October 12th, 2006, 03:06 PM

Originally Posted by Seedling

Either ask for money, or ask for them to put up a link to your website, or do some other bit of publicity for you. Don't let them use the art for free, because they need to learn that using first and asking later isn't kosher.

agreed

**blakboks** · October 12th, 2006, 04:35 PM

Maybe this be one of those instances where it'd be good to send them an invoice for a work, but at a 100% discount, so they see what something like this would normally cost in case they choose to hire you at a later time...

-Chris

**mwillustration** · October 12th, 2006, 04:47 PM

i agree with seedline, they need to learn it's not cool to just take something that doesn't belong to them and use it without permission.
(that's called stealing) :0

i'd say charge them a small fee and let them use it, but not until they've paid.
this kind of thing can't be tolerated by anyone in this industry, cause it can harm us all.

if i spend a ton of hours on something, and it gets used without my being compensated, i'd be rather pissed.

if you used their video and claimed it was your creation, and sold it for your profit, they'd probably be pissed too.

**Layil** · October 12th, 2006, 05:06 PM

nice video, though i agree that they should give credits for the stuff theyre using. the music is by VAST for instance, and they dont mention that anywhere either. hes got some nice graphic design and editing though, and his camera work is clean. id say this is worth having your stuff in for promo purposes, as long as he gives you due credit.

i didnt see any artwork anywhere though, where is it?

**Shamagim** · October 12th, 2006, 05:21 PM

Originally Posted by Layil

i didnt see any artwork anywhere though, where is it?

Is the photo with the bloody skateboard

**Qitsune** · October 12th, 2006, 05:33 PM

I agree about the discounted invoice, you can also ask for a handful of dvd's. You can keep one to show off and the others might make nice presents if you have skater friends (and good promo for them, they shouldn't argue too much)

**JustinBeckett** · October 13th, 2006, 01:51 AM

Thanks for your input guys, he has now told me he is a 1 man production, he is in college, and he isn't going to sell the dvd, just give it out around town. And show it on the internet... Is that even good publicity for me... Should i just say no.

**Ilaekae** · October 13th, 2006, 12:15 PM

I'd pretty much go along with everybody here, because this kid sounds young and stupid, BUT...

Whatever you decide, politely and diplomatically state in the first paragraph of your letter to him that it is NOT proper under any circumstances to use someone's art without ASKING FIRST, not afterwards. If he's trying to be a professional, he should learn how one acts first...

**DavePalumbo** · October 13th, 2006, 12:56 PM

you don't have anything to lose by letting him use it, especially if you don't object to the product (as you said you're a skateboarder yourself). If it costs you no work and he's not even selling them, why be a dick about it? You never know, it might end up in the hands of somebody who would want to comission something from you. I say get credit printed on it and ask for some free copies or something, but I don't see any reason to turn down some free exposure, even if it is limited.

And who knows, maybe it'll be more popular than expected and you'll get your work seen by people who wouldn't have access otherwise.

**_Mario** · October 13th, 2006, 06:29 PM

Just to add to what DavePalumbo wrote. Exposure is good as long as the quality of your work shows. If he photoshop-filter-rapes your work or does something that doesn't fit your standard then getting money can be better than a link or exposure.

**Andy P** · October 13th, 2006, 10:30 PM

Word up to the publicity, but I do think you have every right to be a dick about it. It really comes down to what you think fair compensation should be, like free copies or what not, but don't let it get out without your name being somewhere on it. The publicity's no good if your name isn't on it.
I'm all about doing some gratis artwork if the situation is right, but someone using first and asking second is kinda heinous.

**JustinBeckett** · October 16th, 2006, 03:14 AM

Sorry i sort of lost track of this thread, i have been busy.

Thanks to all of you who responded. Below is what i wrote in my email.

Ok, here is the scoop.

First of all i am not too keen on you taking my work first and then asking me secondly. Not meaning to be rude or anything, but, in the future either my work or any other artists make sure you ask them before taking their work. Don't ask after you have taken it. Doing what you did is not professional and disrespectful to the entire art community.

Anyways, I will allow you to use the piece, as long as i get credit for it in a well viewable place on the website and on the dvd's. A link to my website as well as my name. Not just my signature how it is already. I would also appreciate it if i could have a few copies of the dvd as i am a skateboarder myself and then i can hand a couple out to my friends as well for allowing you to use the piece. If this is too much to ask, then i am sorry but i will have to ask you to remove the piece from your website and not use it in your DVD'S.

Thank you,

Justin Beckett
www.conception-studio.com

**flatliner** · October 16th, 2006, 05:05 AM

Nicely put. This probably the best solution for both of you.

**Qitsune** · October 16th, 2006, 06:35 AM

One thing I have learned recently reading a stock photographer's website is that it's normal in advertising to grab a picture, make a mock up of the product, show it to the customer and then negociate the licensing. It does not involve putting the product on the web before the licensing is done however. The product has to be licensed before it is published. It is useful to show the artist/photographer that you will use good taste in using their image and in getting the customer to shed the cash to license the image (and you don't buy the rights to an image just to discover that it doesn't fit) so don't be suprised if someone shows you a product with your image on it, as long as it wasn't published, it's considered fair use.

**chaosrocks** · October 16th, 2006, 09:33 AM

you will alos notice that stock Photo site images are usually low res and often watermarked.....so that if you use said image in a mock up it is obvious.
most ad agencies had huge librarys of stock images already licensed and paid for. It's different with original artwork.
(I used to work in print advertising)

Iustin..Id say "Well Handled" smacked him and then cu him a break. I would be very curious to hear his response and how it all turns out

chaosrock

**Seedling** · October 16th, 2006, 10:35 AM

Originally Posted by JustinBeckett

Ok, here is the scoop. . .

That's a good letter! Best of luck in getting this solved amicably.

One suggestion: in future letters of a professional nature, make sure to capitalize properly. Improper grammar, even when done deliberately, is going to work against the image of professionalism that you are trying to convey.

**Jenaro P.** · October 16th, 2006, 12:12 PM

Originally Posted by Justin Oaksford

Personally, I would charge them a pretty small usage fee if they are going to use it for their video, or a well visible link to your site in the Credits or something. But as for what they've done, no real harm I guess.

I agree. The fact that he asked is good, but I think he should've asked first before usinf ANYTHING. I guess it's a good idead to use watermark on our illustration we post online. Although in here everyone have been cool about it.

**JustinBeckett** · October 17th, 2006, 08:24 PM

Well thanks to everyone, but i guess after the email i wrote to him, he decided not to use it, and he took it down with out any complaints, but now he has a new piece up there. And in my thoughts, its probably by some other artist... I guess he never wanted to give me credit...

~JB