We have all been travelling in a car or train and seen something out of the corner of our eye that caught our attention. But as soon as we ask our travelling companion, “did you see that” it has gone. And so it was with Gemma, my assistant, the other day, when we were looking at different designs of websites. They shot by like the view from a fast moving vehicle. And then it happened. Out of the corner of my eye I glanced what appeared to be a familiar image. Familiar because I thought it was mine. It’s amazing how a shot that I took some twenty years ago and is buried in the archives can resonate so readily. “That’s mine” I exclaimed to Gemma, who startled, asked, “what”? We trawled back through the sites we had hit upon, Artists in Cornwall, and stopped at the entry for Paul Williams. There it was, a painting called, ‘Cows at Trelissick’. I stared at it for some time, astounded at its familiarity, like meeting an old friend after many years absence. “But that’s a painting” said Gemma, “when have you ever painted?” “I haven’t, I said, “but look at this” as I reached up and took from the shelves a worn and dusty book I had published sixteen years ago. Thumbing through the pages I quickly found it on page 117. “Oh my God” exclaimed Gemma, “it’s identical!”
Now I’m flattered that someone should admire my work so much that they feel it is worthy of being copied. After all, we all draw inspiration from everything that we see. That is the beginning of the creative process. But to copy an existing image so faithfully shows a limitation of imagination and therefore creativity. It had the quality of painting by numbers. And it didn’t end there. The ‘artist’ then eulogised about the quality of light that he finds in Cornwall. How he makes preliminary sketches in charcoal or inks, and later building up thin layers of oil paint in his studio, so that each painting might take several weeks to complete. But the quote I really liked was, “As I am inclined to continue adding and changing details at every opportunity, I find that finishing paintings can be quite a difficult process!” Um, seems quite easy to me! Let’s imagine his dilemma. Having got up late in the morning and enjoyed a leisurely breakfast, our artist looks through the window of his modernised, and insulated cottage, that protects him from the natural elements. “Brr, it looks bloody cold out there. I don’t think I’ll go out today and it might rain as well”. Now let’s look in this book that I have been given. Ah, that looks good and I like cattle. And that sky, very dramatic. I like the angle the photographer has taken, It looks from quite a low view point. Brilliant composition! Yes, I’ll do a painting of it”. Far from adding and changing details at every opportunity that could take weeks, the ‘artist’ reproduces it in perfect detail, probably finishing it by the afternoon, just in time to get down to the local for an early evening pint!
Having sold over 2,000,000 books worldwide I wondered how many of my other pictures have been used in a similar fashion. My rights, as printed on the contents pages, state that, ‘No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, electronic, mechanical, photocopying, recording or otherwise, without the permission of the copyright holder’. I don’t recall anyone asking me if they could use my image as the basis of a ‘painted’ copy.
Now I am certainly not going to lose any sleep over this discovery. However, I just wish that the ‘artist’ could get his facts right. I took the shot in Northumbria, not Cornwall!
Has anyone else had a similar experience?
Yes, that is irrefutably using your photo which he seems to have ‘interpreted’ rather well and completely. Amazing!
I had someone use a print design of mine as a record cover (Giglio on my web-site) years ago. It was indisputably a crib…but in the end I let it pass. I guess one shouldn’t really (let it pass) for the sake of all of us. When I created my web-site this year I was a bit concerned about the possibility of work being nicked so to speak, but having examined the various deterrent devices I thought, well, if they are going to I can’t stop them really. The best ones seem to make it possible to track WHO is the culprit. Even so would one have the money to pursue it?
Anyway you have at least shamed him!
Hi John,
I’m wetting myself at your comments about this guy, I think you’ll be dining out on this one for a while! the comments about this plagiarist are hilarious, what a cheeky b(sausage)d! Your approach is commendable John.
Where do these people get off!? and I’m hazarding a guess that he’s in the “well, it’s only photography and not really art” brigade as well.
Keep up the good work.
Mark.
Many thanks for this and I will certainly study the links that you have provided.
By law if someone uses your work for commercial purposes and makes profit by selling it, they have to repay you all the profits they made plus the compensation for plagiarism.
See more info here:
1. http://www.photoassist.co.uk/fullarticle.asp?ano=1161
2. http://www.epuk.org/The-Curve/491/enforcing-your-copyright
3. http://www.artquest.org.uk/artlaw/copyright.htm
Hope that helps.
Sorry to hear that your work had been copied by someone. I think if you go and try some Chinese websites, you could find some more haha
On a positive note, I would imply that I am good, so that’s why people would like to copy my work as if his, no?!
Renée,
Thank you for your comments and the link, tineye. Yes I wondered how many of his other ‘paintings’ had been copied in this way. He has since removed it from his site, but I never ever heard a word of apology from him.
I am shocked that there are people out there, calling themselves artists but tell such a lie about there work.
I don’t say that copying is not allowed. we all copy, transform, change, fill in and take out, think, do, try, find inspiration in other works and things, galleries, exibitions, do our own than. but this just makes me angry. we can’t ever controll the world wide web to prevent copying. but it would be great if we could at least trust a bit in people and respect each others work. I wonder if all the other paintings of Paul Williams are not even seen in real by him as well…
for a little control of pictures in the web see http://www.tineye.com
Jon,
Thank you very much for your comments and yes how do artists protect their intellectual property rights. A quick search shows my work on several sites and I had no idea how it got there!
It’s surprising to see that an artist would copy a photo but its plain to see that those images are identical (I prefer your colours btw). With so many images out there and so much publishing online how do photographers protect their intellectual property rights?