Just to update you all on what I’ve been doing lately, I have been working on my artistry. I have a mentor in The Arcanum (http://thearcanum.com/) who has selected me to be an apprentice. My mentor is Robin Griggs Wood (http://www.robingriggswood.com/). I’m already learning a lot and really enjoying making new artwork.
Mark Farrell (San Francisco District 2 Supervisor) used a photo that I sell on his newsletter. I contacted his staff and asked them to pay for the rights (it would only cost $58.99). His staff member acknowledged that they had used my picture on their newsletter and promptly refused to pay for it.
I know that this happens. I’ve had plenty of photos stolen by bloggers. I guess I just thought a government representative would do the right thing. Instead, they offered to “give me credit” … on the archive of the newsletter – great.
Here are the emails from me and them:
(To Mark Farrell and staff):
The Office of District 2 Supervisor Mark Farrell has used an image for which I own the copyright and which I sell. You can find that you have used this image at http://archive.constantcontact.com/fs196/1102968924062/archive/1112625953806.html. It is the picture of the interior of the San Francisco City Hall.
Please go to http://www.briansart.com/Photography/San-Francisco/25298183_bL7BFJ#!i=2078797371&k=r25RHFq to purchase the rights to use this image. You probably only need the smallest size which only costs $58.99.
After clicking the link to my site, simply click on “Buy” “this image”. Then click “Downloads” and “commercial license”. If you need any help, let me know.
Hi Brian –
Sorry for the delay in getting back to you. Thanks for brining to our attention that we used your photo in one of our past newsletters.
We’re more than happy to remove the photo or properly update our newsletter to give you credit, if you would like. Please let me know if you would like us to do any of these options.
After discussing with our city attorney, who has dealt with similar instances like the one in front of us, they advised us that we used your picture under what is called “fair-use,” which simply means being used for a “non-commercial” purpose.
With that being said, we are not going to purchase a copy of the photo or pay for one, unfortunately.
Please let us know if you would like us to pursue any of the options above concerning your photo, and thanks for brining to our attention that we used your photo.
Office of Supervisor Mark Farrell
1 Dr. Carlton B. Goodlett Place, Room 244
San Francisco, CA 94102-4689
Phone: (415) 554-7752
Fax: (415) 554-7843
Hello Jess Montejano, et al.,
Thank you for getting back to me on this. Your city attorney was oversimplifying in saying “fair-use” means “non-commercial.” This is not a case of “fair use.”
I will discuss below why it is not “fair use”. However, may I suggest that rather than spending your time and your lawyer’s time on trying to get out of paying, it would be a better use of your time to simply pay the $58.99 that I have requested for this image.
And now on to why this is not “fair use”. There are four factors in determining “fair use.” First to justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. Your use does not transform in any artistic way.
The second factor, Nature of the Work, certainly merits copyright protection. It is a uniquely processed photograph.
The third factor assesses the quantity or percentage of the original copyrighted work. The entire work was used.
As the fourth factor, the court not only investigates whether the defendant’s specific use of the work has significantly harmed the copyright owner’s market, but also whether such uses in general, if widespread, would harm the potential market of the original. Clearly, widespread use, similar to yours, diminishes my ability to market the work.
None of the four criteria for “fair use” are met. Please simply pay the $58.99 that I have requested for the use of this photo and let’s put this behind us.
I sent them reminders of my request but they only ever sent one response. 🙁
Here’s the picture they used:
…which is still for sale or license here
I have a re-created my SmugMug site (www.BriansArt.com). It looks better and performs better. They made it much easier to use. As I was updating the site, I kept saying, “wow, this is so much easier.” I was able to make a site that easier for users. Try it out and let me know what you think.
Since it’s a company move, we got to fly business class. The clouds get dark quickly when you’re flying eastward. Putting your feet up, playing video games, and eating nuts at 30,000 feet in the air (and 700 miles per hour) makes you thirsty. How about a glass of water? If we could only fly this way all the time…
Let me catch you up a little. A lot has happened in the last month since I posted anything here. The day after Christmas 2012, movers showed up. Our house went from “home at Christmas” to “a collection of boxes where we used to live” in one day. Then the next day it became “a big empty house where we used to live.” We had been preparing for this day for months. Now we start the next big Adventure with Andrea – Living in Scotland. Goodbye to “The Woodlands.” We’ll be back someday.
The two pictures below are the same corner of the house – 24 hours apart. The only recognizable things left are the curtain and the mantle.
Here are my top 10 photos from 2011. Some of them have not been shown on “Adventures with Andrea”, yet. Like, this first one…
1. I caught this hummingbird in my backyard. He was hovering and staring longingly at the almost empty glass feeder.
2. While shooting at a local pond, I met a painter. I was inspired to try my first attempt at “paintography”.
3. Here’s another that has not been on Adventures with Andrea. A super closeup of a match reaching the end of it’s life…
4. At the end of a long day in the forest, the last view of the sun was blazing through the trees. And, a little lens fairy visited me…
5. A moody image of the sun barely making it through the clouds on a cold winter day.
6. A local eatery on a warm summer night…
7. Another new one that you’ve never seen (if you don’t follow my Google Plus Profile). A melancholy image of a flower past it’s prime…
8. Exploring the local neighborhood, I loved shooting this fountain. I’m not sure how I missed putting this on Adventures with Andrea…
9. I really pushed the look of this one to make a beautiful old looking corridor for your eyes to wander…
10. Finally, I finished up the year with a nice ornament picture…
Thanks for keeping up with my Adventures with Andrea. You can follow my Google Plus Profile for more contact with me. Also, if you are interested in art prints of my best work, head over to www.BriansArt.com. Thanks and have a great 2012.
Many may remember,this online travelogue began in 2002, before people even called them “blogs.” A refresh of the site is long overdue. I’d love to hear any comments from you on the new version.