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07/21/2015 03:41:54 PM · #1
I was in a local business today and saw a card for a local artist. Here is the image in full glorious colour on her site. Studio Marnie

Sure looks like an outtake from this shoot Copyrighted_Image_Reuse_Prohibited_946585.jpg - angle, lighting, exposure, everything is identical except the flying shards of lead.

For the artist's sake, I hope she didn't steal it.
07/21/2015 03:51:28 PM · #2
it sure does.
07/21/2015 03:53:14 PM · #3
it's the same as this one though...

Copyrighted_Image_Reuse_Prohibited_862334.jpg

ETA i screen capped it and sent Christophe a PM.

Message edited by author 2015-07-21 15:57:53.
07/21/2015 03:58:53 PM · #4
Perhaps before calling out the (potential) infringer you might contact the artist privately to determine:
a) is the image indeed this artist's (after all, not *impossible* -- however unlikely -- he stole it)
b) if so, has it been used without permission (e.g. could have been posted as a stock image)
c) if so, does he want this or any other action taken
07/21/2015 03:59:21 PM · #5
Originally posted by Mike:

ETA i screen capped it and sent Christophe a PM.

Thanks.
07/21/2015 04:55:57 PM · #6
Nice to know DPCers have each other's backs. Even if a photo is re-created, it's a slippery slope. I had someone contact me via DPC many years ago to ask for usage of a shot. We couldn't agree to a deal. I was told this person has a friend who's a budding photog and might re-create the shot. Had close calls but no sells.

ETA: Edited for clarity and I also didn't realize both those thumbs were Cristophe's and to add... Searching for Broken Color Pencils did come up with this //www.magic4walls.com/wallpaper/macro-pencil-orange-broken-colored-background-6986.html I doubt 21.gif Gyaban authorized it to be posted there?

Message edited by author 2015-07-21 17:01:24.
07/21/2015 05:00:34 PM · #7
I'm guessing it has nothing to do with Marnie. It was probably offered as a template by "Wix".
07/21/2015 05:29:42 PM · #8
Looks like this photo got some attention: 5 years after, it is all over the web, which is quite flattering I suppose. I don't think this is an authorized use, but well, I am not going to chase it, not worth the time. I had fun creating it, I am happy some liked it; life goes on. Thanks for the heads up though!
07/21/2015 07:31:32 PM · #9
Originally posted by posthumous:

I'm guessing it has nothing to do with Marnie. It was probably offered as a template by "Wix".


It isn't a template.

And 1031.gif GeneralE...yes, I did contact the artist and nicely asked where she got the image. She replied that she googled it. As did I, under *orange pencil*. I did email her back the link to his original image, though. And looks like Mike also found the site I did, which does show other pencils being broken in other colours.

Anyhow, no harm done. It just leapt out at me as soon as I saw the card, that it was one of Christophe's images. And he isn't perturbed about its being used (it would be the site from which she got it that would take any blame anyway, not her).
07/21/2015 09:13:56 PM · #10
Originally posted by snaffles:

Originally posted by posthumous:

I'm guessing it has nothing to do with Marnie. It was probably offered as a template by "Wix".


It isn't a template.

And 1031.gif GeneralE...yes, I did contact the artist and nicely asked where she got the image.

I meant Christophe, the artist you thought actually made the image, not the suspected infringer ...
07/22/2015 08:54:44 AM · #11
Originally posted by GeneralE:

Originally posted by snaffles:

Originally posted by posthumous:

I'm guessing it has nothing to do with Marnie. It was probably offered as a template by "Wix".


It isn't a template.

And 1031.gif GeneralE...yes, I did contact the artist and nicely asked where she got the image.

I meant Christophe, the artist you thought actually made the image, not the suspected infringer ...


Yes, I contacted Christophe too, even though I already knew it was his from having seen it on the front page some years ago.
07/22/2015 09:56:17 AM · #12
Clearly a different pencil.
07/22/2015 10:09:51 AM · #13
Originally posted by Cory:

Clearly a different pencil.


The images below are different, but both below belong to Christophe and the image used on the website is definitely the one in Mike's post :)
07/22/2015 10:36:16 AM · #14
I hope people don't think "Googling" an image means it is free to be used.
I just googled "pink floyd images felt just like two balloons" and my image came up. linking to DPC.

Originally posted by snaffles:

Originally posted by posthumous:

I'm guessing it has nothing to do with Marnie. It was probably offered as a template by "Wix".


It isn't a template.

And 1031.gif GeneralE...yes, I did contact the artist and nicely asked where she got the image. She replied that she googled it. As did I, under *orange pencil*. I did email her back the link to his original image, though. And looks like Mike also found the site I did, which does show other pencils being broken in other colours.

Anyhow, no harm done. It just leapt out at me as soon as I saw the card, that it was one of Christophe's images. And he isn't perturbed about its being used (it would be the site from which she got it that would take any blame anyway, not her).
07/22/2015 11:01:33 AM · #15
//www.mobiletoones.com/browse/free-mobile-wallpapers/s92-abstract-wallpapers/f73805-orange-pencil-splash.html

//getacover.com/cover/color-pencil-8689/

//www.wallpaperseries.com/creativity/orange-pencil-wallpaper.html

https://www.pinterest.com/pin/564287028287893173/
07/22/2015 11:03:10 AM · #16
Originally posted by tate:

I hope people don't think "Googling" an image means it is free to be used.
I just googled "pink floyd images felt just like two balloons" and my image came up. linking to DPC.


Alas, yes, that's what a lot of people think. A prevalent school of thought is that if you put it on the internet, it's anyone's to use.
07/22/2015 12:24:13 PM · #17
Yea, the answer is simple enough.
07/22/2015 02:34:50 PM · #18
Originally posted by tate:

I hope people don't think "Googling" an image means it is free to be used.
I just googled "pink floyd images felt just like two balloons" and my image came up. linking to DPC.


I was flipping through my daughter's school newspaper once and ran across one of my photos of a local landmark. It was labeled "Courtesy of Google." My daughter wouldn't let me contact the faculty advisor for the school paper (it would be embarrassing). I just wanted to educate them, so they could educate their future journalists.
07/22/2015 03:27:01 PM · #19
Originally posted by LN13:

Originally posted by tate:

I hope people don't think "Googling" an image means it is free to be used.
I just googled "pink floyd images felt just like two balloons" and my image came up. linking to DPC.


I was flipping through my daughter's school newspaper once and ran across one of my photos of a local landmark. It was labeled "Courtesy of Google." My daughter wouldn't let me contact the faculty advisor for the school paper (it would be embarrassing). I just wanted to educate them, so they could educate their future journalists.


I'd do it anonymously via a fake email address (i'll do it on your behalf if you want!) and say "courtesy of google doesn't mean you can use it, it just means you found it using a search engine. i found this same image elsewhere on the web and it is copyright protected by the photographer who took it. i certainly hope you made contact to get their permission to use the image"
07/22/2015 07:12:58 PM · #20
This subject always makes me a little uneasy because I'm guilty of using thumbnail-type images from the web to illustrate articles in a little newsletter I edit for an Elder educational community I belong to.

I'm pretty sure my modest use of those images are covered under "fair use" as I'm writing about related classes or events for an educational organization. Usually, when it's possible to credit a source, I do so. Although I've gotten a bit lazy about that recently. Best change my ways.

Regarding the example outlined below, probably the faculty adviser noted would be grateful to understand that a teaching moment about plagiarism and use of copyright could be made to those students.

Edited to add: An easy to understand article about Copyrights is here. The Fair use discussion is not very far down the page.

Message edited by author 2015-07-22 19:15:54.
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