The Murky Copyright Waters of Fan Art

Since posting my last blog about my 13 Reasons Why fan art being used to sell phone cases without my knowledge I have had an interesting response - all of which I love to hear. There has been amusement, there has been anger but the response and discussion I'm most interested in is the matter of copyright and permission of use.

Quite validly the point was brought up of whether I had seeked out permission of use of the original reference photo to which I replied that I had not, solely because I had never intended on selling the work since I knew the original ideas didn't originate from me and therefore could make me liable in a court of law if I made any profit. To this I was informed to my surprise that technically any "derivative work" is technically an infringement of copyright and so even if I didn't sell the work I was still breaking the law. Shock horror! I'm a criminal!

I think part of me has always known this could be the case but chose to ignore it like so many others because I didn't see how I could be hurting anyone. For me I was just showing my love for something the best way I know how - Art. Never did I think I was claiming the right to ownership of ideas or stealing property. But it could be argued that I have.

So after this discussion I decided to start doing some more research on this subject and came across this video in which Josh Wattles, an employee of Deviant Art and former lawyer, talks about the ins and outs of Copyright law and how it effects fan art. It's quite a long video but if you have made fan art or still do I highly recommend you watch this.

In the video he goes through Copyright law and breaks it down to simple bullet points showing exactly how fan art breaks the law but also how it can be argued under certain circumstances that it doesn't under fair use and even free speech. He talks about how it shouldn't be wrong to express love for something and how strange it is that you could be brought into a court of law because of that love. 

While watching the video I found myself nodding along whole heartedly. I felt he understood where people like me were coming from. I think thr saving grace in all of this is that I have never sold any works that have derived from other people's work. In the past I had considered it after seeing that so many other people seemed to be making a living out of it without consequence but in the end it didn't sit right. My work always seemed too close to the primary source and hardly "transformative" as argument against copyright infringement might suggest. 

But even so there are fantastic pieces of work out there that otherwise wouldn't be there without fan artists. Fan art could be argued to be the best kind of free advertisement. I think that's where it can all get a bit blurry. Fan Artists create work that other fans want and the original creators are not filling that void. But at the same time fan artists are also building upon ideas that aren't their own. Youtuber, The Drizzly Druid, talks about this in her video "Selling Fan Art is Illegal" and explains it quite succinctly.

Going forward I think I will continue taking part in the fan art community but only for the sheer love of it and I definitely won't be seeking financial gain. However I think it is time for me to step up my game and stop being so reliant other people's ideas to spring board off of. It's time to get more creative and to start presenting my own ideas to the world. Time to get a little more brave and personal!

Hazel, xoxo

Stealing and Taking Credit for Artwork

While I was away on a trip to Copenhagen, Denmark, experiencing all the hygge it has to offer, I received a message on my Tumblr that my 13 Reasons Why watercolour piece was being used as a design on phone cases and sold across many sites. To my surprise my initial reaction was not of anger but more of amusement. But that might have been in part to do with the fact that I was on holiday and in a happy mood. I wasn't going to let anyone interrupt that.

To my knowledge this is the first time my artwork has been stolen and used elsewhere without credit being given to me, however I was aware that it was a possibility. My overall reach isn't the widest however my 13 Reasons Why painting is one that has gained a little more momentum on platforms like Tumblr, Pinterest and Instagram. I completely understand why someone would think it was a good idea to put it on a phone case. I'm actually quite curious to know what it looks like on a phone but don't worry I don't intent on buying it. What I don't understand is why I wasn't contacted in any shape or form and that someone felt that they could just steal something that I put time and effort into and take all the credit for it.

The original watercolour piece

I should feel more pissed about this than I do. I would have definitely been more pissed off if I had felt the piece had been 100% mine - more personal and an original idea. However since I feel like the idea for the painting doesn't fully belong to me - the painting is very similar to the original reference photograph with the only changes being made to the background - I don't feel completely robbed. I should probably adjust this way of thinking because the work is mine and is being used for profit that isn't going into my pocket. At the end of the day my permission to use the image should have been seeked out.

Since receiving the message about my artwork (which by the way was really nice of that person to let me know!) I feel like I have been following breadcrumbs to find the route of the problem. My first contact was with Woo Pop Culture who responded to me fairly quickly and told me to "be aware it [my artwork] is on Aliexpress and thousands of dropshippers will be using it!!" They said they would pull the design but as of the posting date of this blog the design is still up on Woo Pop Culture. Currently I am contacting the multiple sellers of the phone case on AliExpress and trying to get information as to who their suppliers are. So far the only response I have gotten is so sorry we didn't know it was stolen and that their supply is bought from a "China website" (I mean is it that hard to send me the link. It's like talking to a brick wall!).

I won't be wasting too much time hunting down the supplier though but part of me wants to find the route of this all. What this situation has done is got me thinking about artwork thievery and fakery online and why people do it. As an artist I make sure to always sign my work if I plan to upload it online just so that if it is stolen you can clearly see that it is mine. But this alone still doesn't deter people from taking your work.

Online and especially on Instagram there is a large art community but unfortunately within that community there is often fakery and thievery. Sadly I have heard of many instances where people have taken someone else's artwork and claim it as their own. Some even tamper with reference photos and claim that they drew the image when in fact they have only tweaked a couple of things on Photoshop. I could never understand wanting to take credit for something that isn't yours or lying about whether it was drawn. You might be surprised to know there are a few people on Instagram who have very large followings but yet are fakes. These people have taken peoples money for commissions and then don't deliver what they promise. It is really unfortunate that these people still get any sort of recognition when the real talented people seldom get any.

Going forward I'm not sure what actions I can take to prevent this from happening again. I really don't want to resort to having to put large ugly watermarks on my work. If anyone has any advice I would gladly hear it. At least this all gave me a good laugh but if there is a next time I doubt I'll be laughing as much.

Hazel, xoxo       

Riverdale Obsessions & Derwent Artists Pencil Impressions

 

If you've been following any of my social media feeds you may have noticed my recent obsession with the new CW show Riverdale. Logically it makes little sense as to why I like it so much. First off it is a teen drama and I have watched enough of those in my lifetime that I thought I was pretty much done with them, especially with (so bad it's good) Pretty Little Liars coming to an end later this year. But when I saw it pop up on my Netflix I couldn't resist the first episode. If it was rubbish I had only wasted 40 minutes of my life and I could move on to the next thing. But seven episodes and three drawings later here we are.

Fun fact I had already drawn someone from

the Archie universe without even knowing it until I started watching the show. In fact she was the first sketch I did in my #sketchaday2016 - Josie from Josie and the Pussycats back when she was a Riverdale Redhead.

But anyway back to this version of Riverdale. The best way I could describe Riverdale would be a mix of every teen drama you have ever watched, filled with cheesy but witty dialogue straight from the 90s, and then with the aesthetic of the 50s with a modern twist and film noir with murder mystery thrown in just for funzies. And not forgetting to mention at least one slow motion moment in each episode (not even a lie... watch each episode back) for dramatic effect. The show is an all round fun watch, plus it is just so pretty to look at across the board.  TV shows that have a strong visual identity paired with fun drama always appeal to me - the other show that springs to mind which is the same in that regard is Pushing Daisies.

After episode one I was hooked and started my usually obsessive research and not too far into my searching I came across the gorgeous character portraits and with my new Derwent Artist Pencils and grey toned paper in hand I began draw. I was hesitant to use my Artists pencils at first because as said in my previous blog post I hadn't really found them all that easy to use. But I will say they do fair quite well on toned paper and blend nicely too. I'd say if you have the skills you can make them work, you just need to spend some time with them and learn how to best use them. I will say though even though the colours are nice I still stand by the thought that the vibrancy of the colour just can't be achieved to it's full capacity with these pencils. In person the drawings look bright and strong but scanned in and compared to their reference you can see how muted the tones are!

My intentions in the beginning where not to one by one draw the whole cast but it's slowly starting to look that way. The colours schemes of each portrait are so beautiful and I can't help but keep drawing them. I started with Betty Cooper because I loved the pink and purple tones but also at the time of drawing she was my favourite character. Episode three, Body Double, is probably my favourite episode so far and Betty's role in that episode is just like..... YAAASSSS QUEEN! From the three drawings I still like my Betty one the best.

I then went onto draw Riverdale's favourite boy but every viewers least favourite eventually - Archie Andrews. All about the Boy is the alternative title me and my friend like to think Riverdale could have been called especially in those first couple of episodes. Every single character is in love with him. JUST look at those looks Jughead be throwing him.

Life before the hand!

And finally I recently finished Veronica Lodge. Her hand was the bane of my existence for those few days. It is combination of all of my weaknesses - out of focus subject, unidentifiable shadows (what are fingers cause I couldn't even see them at first) and hands in use. Thankfully it is now over and I don't need to think about it anymore. However her face was a joy to draw and I loved all the maroons and browns next to the blues and purples.

At the moment I'm taking a break from drawing anymore but if I was to do anymore Jughead would definitely be next and maybe Cheryl. Part of me wishes I did them in my Faber-Castell Polychromos but it's too late to turn back now. But overall I'm very happy with how they are turning out especially since they are the first coloured pencil drawings I have done in a while without having used a base of Promarkers. It's nice to prove to myself I can go back to basics and still have the drawings turns out well.

Anyway... now back to getting my Riverdale fix after that 3 week hiatus! 

Hazel, xoxo