Hello,
I was recently made aware of your website and the fact that an image
of my artwork is being used to promote your condominium without
permission or credit.
The image is the illustration of a girl with her hand rising upward on
the right-hand side of your marquee. You can see the original work
here: www.flickr.com/photos/lunapark/3036890086/sizes/l/in/set-...
I do not support the commercial use of my work under any
circumstances, and I would not have given permission to use my image
for this purpose even if I had been approached with due diligence.
I request that you remove my work from your website, and from all
future promotional material for 38 Wilson.
Thank you,
Imminent Disaster
------------------------------------------------
It will be removed as you wish.
Are there any circumstances whereby permission could be purchased/obtained?
It is quite a remarkable work.
Thank you.
38 Wilson Management
---------------------------------------------
38 Wilson Management,
Please do remove the image from the 38 Wilson site.
Thank you for your interest, but it is not available for commercial
purchase or use.
Thank You,
Imminent Disaster
------------------------------
38 Wilson Management,
It has been three days since the deadline to remove the unlicensed images you are using of my artwork from the 38 Wilson website. I am disappointed and disgusted to find that it is still there.
At this point, I find it necessary to begin taking legal action to seek damages for the illegal commercial use of my original artwork.
Thank you,
Imminent Disaster
-----------------------------------------
I have been asked to remove the personal/contact information of the Developer and Management of 38 Wilson, and have duly done so. However, this information is easily searchable in the public domain via 38wilson.com's ISP, Godaddy.com.
bumblebeelovesyou 53 months ago | reply
damn! u go girl
tianna.kennedy 53 months ago | reply
good eye!!! how'd you find that?
guero: 53 months ago | reply
i feel this must happen often and nobody notices
Adam Lawrence 53 months ago | reply
and now it's time to collect for damages....
Adam Lawrence 53 months ago | reply
ok, it's still there.
i'd say you get first dibs on a free apt.
Cake... 53 months ago | reply
(3 days since adam's post and its still there.)
Adam Lawrence 53 months ago | reply
this is just disgusting.
i'm sending a tip to the peeps at curbed.
disaster.strikes 53 months ago | reply
Adam. Please do.
Information you have about the legal recourses available for this sort of infringement would also be useful. Small claims court?
I know I can contact the isp directly to advise them that they are hosting stolen copyrighted material on one of their websites. but.... what else?
guero: 53 months ago | reply
fucked up
stainedandlit 53 months ago | reply
i read about this on curbed. these folks might be able to help you. good luck!!
Volunteer Lawyers for the Arts:
www.vlany.org/
Luna Park 53 months ago | reply
your image has been removed from their website: see 38wilson.com/.
eveap 53 months ago | reply
ummm, your art is on public property "imminent disaster"....stop whining.
disaster.strikes 53 months ago | reply
clearly you have not thought much about your comment, or what it implies about your views of the world.
But less as a response eveap, and more as an attempt to clarify my intentions to the public, this is why the situation cataloged above and similar ones that happen every day require the duty of action against them.
Just because something exists in public space, does not sever it from it's maker. (Look at Tod Seelie's battles with Juztapoz stealing his amazing photos and deliberately removing his watermark for another comparable example) I give my imagery to the streets for the people on the streets to see them, to get something out of seeing them. I do not give it to the streets to be turned into a branding strategy for a development company without my consent.
Read up on copyright law. Everything that has been created privately and originally since 1989 is automatically and by law protected under copyright laws unless explicitly given away. Regardless of circulation on the internet or placement in a public space.
What 38 Wilson did was ignorant and irresponsible, because it implies either ignorance or flagrant disregard for established procedures for maintaining artist's rights over their creative work. It implies that corporations are above the law, that they can get away with exploitative actions (or ignorant mistakes) because no one is watching what they are doing and making sure they live up to the duty that comes with position of power.
Power you say? This society bases its hierarchy (and degrees of power) on possession of money. Although this is not the common view, I believe that the more power you have the more responsibility you must bear to execute that power wisely. A thing that 38 Wilson did not do in the case above. So, what other shortcuts or irresponsible actions might this developer be making when they can't do something as simple as getting permission/crediting/exercising "fair use" procedures for a simple branding image on their website?
H.veng.Smith 53 months ago | reply
very well said!!!!!
guero: 53 months ago | reply
Word!
Becki_Fuller 53 months ago | reply
Just one more reason why these developers are disgusting.
sarah.pap 45 months ago | reply
kind of curious how this stands up to the Fair Use doctrine. Only because, as a blogger, I've probably ripped off many an image without giving the artist credit.
stainedandlit 45 months ago | reply
if you read any definition of the Fair Use Doctrine it should be pretty clear why the commercial website using her image couldn't assert that defense.
vivaelgato057 43 months ago | reply
I don't know how serious you are about pursuing this, but here is some basic information to get you started:
First, you will need to register a copyright for the work. Next, you will need to file a tort with your local courts. New York law is virtually unnavigable to the layperson, so I would probably recommend at least getting the advice of an attorney. However, some jurisdictions have what is essentially a separate court system setup for law-specific civil matters (copyright, landlord-tenant, etc.) that don't involve millions of dollars. Sometimes it is just Small Claims, other times it is a branch of small claims. If you just need SC, then you can do that yourself after consulting with an attorney. The local laws on SC, and the court mechanisms for your jurisdiction can easily be found online.
Just prepare as MUCH EVIDENCE as humanly possible. Organize, write up summaries about it, and plan your entire case. The more organized and prepared you are, the more likely they are to settle.
Good luck, and I hope you bleed those bastards dry.