Last month I posted about how Bazaar used an illustration for the cover of their dining guide without crediting the illustrator, without paying for the image and without permission from the artist. They replied thanking me for finding the artist and that they contacted him and were going to reimburse him.
Well they did contact him but the amount they offered to pay the artist was just $200. Considering that rights managed images start at a $1000 and upwards then you could imagine how low $200 is. Anyway the original artist had this to say about the whole incident:
I have been invited to comment the case with Bazaar copying an image that once was created by me. The image was used without my permission. I was therefore never compensated financially and for good reasons I assume that I was never mentioned in the credit line. I was made aware of the unauthorized usage before Bazaar contacted me.
When they contacted me they offered to compensate me financially. I am sure they found that the compensation was fair but I have a different opinion. In fact we are in a position where we don’t seem to be able to reach an agreement. I have therefore decided that it is not worth to take this any further due to the cost and time that I would have to spend on this.
I have also decided that I will not accept money that Bazaar offers me since that would be accepting the terms of how they have used my image. So case is closed.
I think it is vital to defend the copyright law for many different reasons. In most countries it is seen as self-evident that you shouldn’t use an image without paying for the copyright, but from what I can tell by following the debate on this website I understand that Q8 might not be one of those countries. The sad thing is that in countries where the copyright law is not taken seriously the originator has little or no chance at all to protect his work.
I am a freelance illustrator and my only source of income is the images I create. I have a family to support and bills to pay. If I manufactured, let’s say bikes and someone took one of my bikes form the warehouse and used it without telling me, how would you characterize that? Should the unauthorized use of images be treated differently?
I have been featured on design blogs all over the world. I take it that most of the people who are publishing my work there are very young. But they all have something in common – they contact me before or shortly after publishing my images and very often they write “Copyright Bo Lundberg” . What is it that they understand and that some publishers don’t?
Another aspect is that when I create an image it is commissioned by a client. They are paying for the usage of the images. To illustrate what can happen when people copy my images I would like to give an example. Once I had a call from a publisher in the US that I had done more than 80 illustrations for. They were extremely upset with me since they had found all my illustrations in another book printed in Asia and now they were contemplating on suing me. What had happened was that someone just ripped my images from the original book and created a whole new book, obviously without informing me. I managed to reason with the original client but as you might understand it was quite a situation to have been copied and then facing a possible trial.
I wish all the designers in Q8 good luck in your efforts. And to those who commission work I would just like to ask you to think twice before using an image without authorization. In the long run – who wants to work as an illustrator or photographer if you are not compensated and protected by copyright law?
The reason I think we have a big problem here is because Bazaar is one of the biggest and most respected magazines in Kuwait. If they aren’t going to abide by copyright laws and set an example to the smaller publishers who will? They might as well do what Campus Cruise did and just take pictures off flickr and put them on the cover.
