• This is the portion of the ad that uses a modified version of Backlight.
  • This portion is a copied and stretched version of the area above.

P2 Ad

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I've read news stories and flickr accounts of people who discover their images being used without permission for commercial purposes. But given the zillions of images available on the Internet, I never thought it would happen to me. Therefore I was surprised, last December 22, when I opened the newspaper to see a photo of mine reproduced as part of a two-page colour advertisement! The development pictured in the advertisement is going to be built on the lot left vacant by the SuperValu, and I suppose the image of the colourful windows is to give it a feeling of nostalgic continuity.

SuperValu was torn down in 2006. I took nearly 2000 photographs of all stages of the demolition over nearly four weeks. It culminated in a photo exhibit entitled SuperValu Redux, and I chose to use Backlight for all promotional materials for the exhibit including a web site. According to the representative of the developer, my SuperValu Redux web site where the graphic designer found the image (not flickr). This is highly improbable, however, given the low resolution of that particular copy of Backlight.

After some negotiation over payment, the matter has been resolved.

  1. JeremyOK 93 months ago | reply

    Oh, the irony...disappointing.

  2. Retail Memories 93 months ago | reply

    They sure did lift your pic. It's unmistakeable.

  3. Drew Makepeace 92 months ago | reply

    Thanks for your interest Carly.

    I sent in invoice to representative of the developer, who will forward it on to them. He also wrote me back to say he had doubts that the developer would want to pay because the image didn't bear a copyright notice.

    Based on the rest of his communication I had to conclude that he is not knowledgeable about basic facts copyright. For example, he suggested that the image in question was "anonymous" and in the "public domain". This is, of course, not the case, so I wrote back to clarify these points, and asked that they be communicated to the developer as well.

    I am now waiting to hear back from them.

  4. Drew Makepeace 91 months ago | reply

    Yes, the matter was just settled. After corresponding with the developer I negotiated a payment which is satisfactory to both of us.

  5. gastonCc 90 months ago | reply

    Glad to hear you solved this.

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