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About the Author
Steven Heller is the cofounder and the cochair of the MFA Designer as Author program at the School of Visual Arts. He writes the Visuals column for the New York Times Book Review and the Graphic Content blog for T-Style; is editor of AIGA Voice; and is a contributor to Design Observer. He is the author, coauthor, and/or editor of more than 120 books on design and popular culture, including the forthcoming New Ornamental Type (Thames and Hudson). More information can be found at his homepage.
 
See all Daily Heller posts here.
 

Where's The Justice!

by Steven Heller
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There has been a lot of consternation over "sampling" (or shall we say stealing) artists' work. Some argue that art is the raw material of more art. Others say all art belongs to the creator. The copyright laws favor the latter. But there are those who, for whatever reasons, feel pilfering is proper.
 
I'm not talking about the light-gray area of manipulating (and  transforming) one piece into another. I'm talking about direct pirating. This is what happened with the image (above) designed by Mirko Ilic, illustrator, designer, and contributor to this blog. Originally done in 1985 for an article on the Mafia for the Italian magazine Panorama, it was cited in Graphis (1987) and other showcase magazines. There is no doubt this was an original work produced by a named (not anonymous) artist. And yet recently it was used as the album cover for the German DJ Dompteur Mooner (below)--without permission!
 
But what is an artist to do? If he has the money, he can hire a lawyer to get a cease-and-desist injunction against the offending party, which would curtail the sales of the album in the U.S. Yet getting the German DJ and record company into a U.S. court would be difficult to impossible, forcing the artist to hire a German lawyer at considerable cost. Even then, the process could be stymied. In other words, for any remedy to occur, the artist would have to fork over around $4,000 just to trigger the process. In the end, however, those fees might never be recovered, even with a positive ruling.
 
Had the DJ contacted Ilic for permission, a fair arrangement would likely have been possible. That he chose instead to use the work as though it were in the public domain (which it is not) reveals the inequities that still plague the copyright system. But more important, it shows that unscrupulous businesspeople and so-called artists still roam the earth. 
 
 
 

Reader Comments
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What else would we expect from a record company calling itself "CLONE?"
By zoegrfx  November 13, 2009 
This album is nowhere on amazon, so at the very least we can be happy and assume he's probably not profiting much on this album.
By mistake  November 13, 2009 
Expose them, as you are doing.
By ehalperin  November 13, 2009 
Designers and illustrators could deluge DJ Dompteur Mooner with letters of complaint. That might not change a thing, but at least he'd be reminded over and over that he's a thief. Here's his MySpace address: http://www.myspace.com/djmooner
By elwoodhsmith  November 13, 2009 
It's a shame.
By jmsgd  November 13, 2009 
This is such a great example of why designers need to advocate outside the industry. The accessibility of the internet has dramatically changed the intellectual property landscape so much more than anyone realizes. Deterrents like tougher copyright laws and better enforcement aren't really much of a match for the ease of information accessibility. So maybe DRM-like tactics are the way to go? The problem with that approach is that it simply shifts the burden to audiences, which will create an anti-IP backlash (as it already has for the record industry). Since the unscrupulous thieves will take what they want - barring better and more extreme enforcement to (possibly) serve as deterrent - I think the only legitimate answer is for designers to reach outside the industry and advocate for better copyright and IP education. We're messengers, right? So why isn't there a focused effort to educate the expanding internet-using population about copyright laws and IP issues? Why not focus less on the thieves, and more on the ignorant? I would love to see what those numbers look like (how many infringements are due to malicious use vs. lack of legal understanding?). It's tough, because designers themselves don't really have a handle on copyright. The laws are so convoluted that it's not exactly an easy message to grasp. let alone summarize and share. And then there is always the flip side: what about those folks who genuinely believe IP should be shared? That's a tougher nut to crack, certainly.
By Roughstockjess  November 13, 2009 
I have to say that although the first emotion to experience over this is anger/outrage, I think we should also step back and acknowledge that in the current image-accessible internet world we live in, not everyone understands that using a photo without permission is illegal or unjust. It sounds ridiculous for most of us, but that just may be the case. Thanks elwoodhsmith. I sent Dompteur an e-mail through myspace. I didn't have a myspace account, but thought it was important to create one just for this. Here's what I wrote: The artwork that was used on the cover of "music for espionage" was lifted from the 1985 Italian magazine cover of Panorama. I'm not sure who did your cover, or if they were even aware of copyright laws, but beyond the legal ramifications, it's not what true artists do to each other. Who knows... you may have been able to obtain the rights by contacting the original artist. They may have been honored that you selected their artwork. Either way, I'm not sure about you, but I wouldn't feel good knowing that I've cheated someone out of at minimum, an acknowledgment. As for mistake's comment - I wouldn't necessarily agree that since it's not on Amazon, it may not be bringing in profits.
By chattenoire  November 13, 2009 
As a designer, DJ and someone heavily involved in the electronic music industry, this makes me sad and angry. To make matters worse, until today clone was a label I respected. I would be willing to donate a small amount of money to assist artists fight plagiarism cases like this one. I'm sure I'm not alone...
By kristinachilds  November 13, 2009 
@Mistake: it's rare that music meant for DJs will be sold on Amazon. We tend to get our music in places you've probably never heard of, not to mention Clone is based in NL, not the US and most sales will fall in Eurpoe. I don't want to believe the label knew anything about it... i'd LIKE to believe they hired out an artist with faulty values and assumed everything was on the level. but who knows? @chattenoire: a humanistic viewpoint for sure, but i find it hard to believe that anyone above the age of 13 would think it's legal (or acceptable) to swipe art on the internet and claim it as your own. @no one in particular: i still think it would be great for a foundation to exist that helps artists fight plagiarism... assuming one does not exist already. i would most definitely donate to a charity of that nature
By kristinachilds  November 13, 2009 
Definitely a tough legal issue. Another example: I worked for a social expressions company designing new product. We carried a popular home decor line featuring an animal. I was directed to create a character of the same animal for paper goods that would tap that market. I was very diligent in my design because I AM aware of copyright laws and kept all my original sketches. Our print line was very popular--the rep from the decor line even ordered items for her personal use. Then we received a cease-and-desist from her company. Because the home decor line was very good for our catalog, my company settled with them and agreed to pay THEM royalties for what I created.
By mitsuegraphics  November 15, 2009 
Mirko, I had a similar thing happen to me a few years ago. It was an image of mine that was used in another country on a CD. My attorney Ed Greenberg went after them and we were satisfied with the settlement. According to the Berne Convention you should be able to sue, and any US attorney should be able to take on your case on a contingency basis, so it shouldn't be too painful financially. There is justice! Best Anita
By anitaekunz  November 25, 2009 
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