I'm not sure to be happy or pissed about this. A little of both I guess.

Check out this listing on eBay:
http://cgi.ebay.com/LARGE-abstract-EDDI ... dZViewItem

Cool...sort of interesting piece. I swear it looked familiar as I stared at it. And checking back on all the photos I took at the Gorge concert, I got a hit:
http://www.theskyiscrape.com/website/wi ... 006_18.jpg

Unquestionably, the guy used my photo to paint his picture, which he's now selling for a few hundred bucks or so on eBay.
Jim was standing right next to me when I took that photo. Whadda ya think about that, eh Jim?

So, should I care? Is there any legal recourse worth perusing, or is this guy within his right to base his art off mine then sell it. It doesnt piss me off that people might be using the photos freely. It pisses me off that they are taking it and making money off of it.

Not to mention the copyright notice you'll see on his eBay page that says "This artwork Copyright © 2007 Rosnato and may not be reproduced in any form without written consent. Original art is a commodity and as such we will aggressively persue any violation of our copyright."

Seems he wants to copyright his work, while not respecting the copyright of the photo his art was made from. Ack.

I honestly don't know what the law is on this subject. It's very borderline, although I'm sure the issue has been litigated somewhere.

At first I questioned whether it was really your photo, because it's not like Ed doesn't make that face 100 times a tour. But teh more I look, the more I'm convinced that your photo was in fact the model for his painting.

People paint based on photos all the time, even well know copyrighted photos.

Maybe you can get him to give you a nod and a credit.

That is a pretty good reproduction

Yeah, it's unmistakable tho. Even down to the green sleeveless surfing shirt and how his fingers hold the mic.

You should be flattered, by the way.

I am flattered that my photo was good enough to be used as a base for his art.
I'm pissed that he's making money off of it.

But it is his talent that is making him the money, not the photo.

Buggy, I'll come clean: it's me who ripped off your photo and will be profiting from that fine picture you took. My children are starving and it's the only way I could come up with some quick cash to take them to McDonald's. Much love, brother.

Frank

I'm with spuds on this one.

unless you copyrighted the photo yourself...i really don't see any defense for you

That is a great photograph that you took. You should be flattered. But you should also contact the artist and ask about it.

I don't think that there is any legal action you can take, but it might be nice if he credited you and TheSkyIScrape. It's a free resource that a lot of us really enjoy, and he apparently does as well. He should acknowledge it.

the more I looked at that the more I thought Buggy is right. However, you did take that at a show with thousands of other people. Is it possible that there are similar photos that had been taken

I thought that once you posted something on the internet it became public domain, free for anyone to use. I agree with SLH, try to get him to plug TSIS just for the hell of it.

While probably true, it's completely irrelevant. That would be like if I took Pearl Jam's Riot Act album, and re-recorded all the songs in my own way, and called it "Better Riot Act" and then sold my own copies without ever complying with Pearl Jam's copyrights.

A asked a lawyer friend of mine about it and here is what he mentioned:

A copyright not only encompasses the right to reproduce a work, it also encompasses the right to create a derivative work based on a copyrighted work. The concept of a derivative work is something that is sometimes a bit difficult to explain, but you have provided what appears to be an excellent example.

The Digital Millennium Copyright Act (the good old DMCA) (17 USC 512) has provisions dealing with notice and takedown of allegedly infringing works. Basically, one section of the DMCA is a list of things that need to be included in an effective notice letter. Also, eBay deals with this kind of thing all the time and has very well-developed procedures for handling this situation. They may even have a form that you can fill out that takes the work out of researching the DMCA.

I don't think you understand copyrights. You don't have to "do" anything to copyright something. Although there are legal processes that help make it known.

i like the way he shows the picture hung in different rooms settings.


As for copyright you would have a hard time proving that it was the exact picture that he used as the basis for his work. You should drop him a line and see what he says

I could see you being mad if you took a picture of Lindsey Lohan taking a shit on a Paris Hilton and People magazine stole the photo without paying you but this....nah.

I dont think I'd have a hard time proving it at all. I did drop him a line too. He seems like a nice guy. I'll see what else he says about it.

If it makes you feel any better, i thought it was a white Bob Marley painting until i read your story, and saw the picture.

You would be well within your rights to ask for a percentage of each painting sold and threaten him with ebay (if theyll help?) if he doesn't.
go nicely & gently to him about it. It's clearly your photo though.