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Mark Orr

10 Years Ago

Help! Does Faa Send Out Messages On Our Behalf Regarding Copyright?!?!?!!

A band in Germany used one of my photographs as album art (with my full permission).
The website they posted their music on was myownmusic.de. It is written in German so I cannot navigate it to find the page.
So I received a message from the band today saying that the site pulled their music and sent them this message:

""Sorry, but this CD cover is subject to my copyright and he is not authorized to publish it. See here www.fineartamerica.com/featured/going-grey-mark-orr.html"""

This is very frustrating and could have ruined a friendship and a working relationship.
There is no one authorized to make a decision like that about my work. Is this something that Fine Art America does?


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Jeffery Johnson

10 Years Ago

No only if it were on FAA would they do it but for other sites you have to do that on your own. Check with the site there should be a DMCA notice so you can contact them directly to have them remove the image.

 

Bradford Martin

10 Years Ago

To be clear you authorized the band to use the image but the site pulled it because they thought it is copyrighted? That's a switch. What they should have done is asked the band if they had permission or had licensed the work.
I don't think FAA went and sent out a notice to them. That is not their role.

 

Gill Billington

10 Years Ago

Maybe the site is just covering themselves and needs to see a copy of your permission to use it. They may have checked the image on google and found it here so assumed it was being use illegally. As far as I know FAA wouldn't tell them to remove it, that would be down to the artist.

 

Mark Tisdale

10 Years Ago

Jeffrey - his problem isn't that he needs the image removed, it was that someone already did it on his behalf without his knowledge.

Mark - I've never heard of FAA taking the stance. Typically when copyright infringement is mentioned in the forums, artists are instructed that they must act on their own behalf to remove it. They have no idea where we have and haven't licensed our work. I can't imagine this case is any different. It sounds like someone else may be using DMCA/copyright abusively - maybe someone who has a grudge against someone in that band?

Very bizarre whatever the case....

 

Mark Orr

10 Years Ago

I want them to be able to use my photographs. I gave them permission. The German website they post their music on pulled the photos and their music!
The message cited Fine Art America and said they were not allowed to use my work?

 

Donna Proctor

10 Years Ago

It seems to me that the actual site took it down and sent the message to the band. If that is the case, you need to contact the site and ask them to see the notice they received. FAA didn't send it to them because FAA doesn't do that. They are in the business of printing our images... they don't decide or know who holds what copyright to what image.

I may be wrong since I am prone to wrongfulness lately - but that's my take. Ask the site to send you the ORIGINAL notice they received.

--Donna Proctor

 

The message may have been from an overzealous self-proclaimed copyright cop reverse image searching the internet and tracing the image on that site to your image on faa and putting 2+2 together and got 22, and then acted accordingly misguided in misrepresenting themselves as you which in and by itself is a crime of identity and which is much worst than any righteous idea he/she may have been driven by in the first place.

Or that same person may have had a vendetta against the band and found a way to pay dividents.


-W

 

Donna Proctor

10 Years Ago

@ Wings - yeah, that surely can happen ...without notice. ;)


--Donna Proctor

 

Mark Orr

10 Years Ago

Thanks.....I think I understand now.
It is going to be a hassle because the site is entirely in German. The band thought that I wrote the email and they were understandably upset. I have collaborated with them before and am thrilled that they use my images.

 

Mike Savad

10 Years Ago

that's weird. i can only assume some stranger sent in a DMCA thinking they were doing the right thing, when in fact they should have been minding their own business. now if it had the FAA logo, then it's understandable. this site doesn't go out and do that.

---Mike Savad

 

Mike Savad

10 Years Ago

you can translate the site in google, or if you use TRANSLATE this - in firefox, it will still use google, but for you. maybe this site got citations from this site in the past? doubt it, i didn't read this when i wrote that, but wings and I - are pretty certain it's that. someone trying to do the "right thing"... imagine what will happen when it's all stock?


---Mike Savad

 

Edward Fielding

10 Years Ago

Maybe it was someone who was standing right next to you when you took the photos and they thought it was theirs. You can take a screen grab of your Lightroom "contact sheets" to prove its yours to give.

 

Mark Orr

10 Years Ago

Whoever it was used my FAA webpage as an example of proof that the photo was mine. I think it must have been someone who wanted to cause trouble for the band. I don't think they had my best interest in mind at all...because anyone who knows me knows that I am thrilled to have my work used by musicians, TV and film........it's awesome publicity and often pays well.
For a mediocre photographer like myself......it's an awesome opportunity.

 

Mike Savad

10 Years Ago

which image was it?


---Mike Savad

 

Gabriele Pomykaj

10 Years Ago

Mark, I am German, living in Germany - perhaps I could help translate the thing? I am not speaking fluent English, but I know the google translations... (They are funny, btw.) So, if you need help, let me know, if you want.

- Gabriele

 

Edward Fielding

10 Years Ago

Certainly if you start by giving your art away then your prices can only go up, up, up!

 

Mark Orr

10 Years Ago

Thanks for the advice and info. The website is myownmusic.de and the musician is "Mindmovie". the song is called 'Mourning" and my image is called "Going Grey". (photograph of an old grey barn).
The website removed his song, but he was allowed to re-post it without my image.....but I want my image used.
I tried to find my name mentioned in the comment section but could not....it's all German to me...lol.
This artist/band has used my photos before as album covers.

I have both given work freely and been paid for its use. I've never demanded that my work not be used...I found a couple of websites that used my work without asking and I wrote and asked them to credit my name, which they did. This is strange and I hope it doesn't hurt my relationship with this band.



 

Abbie Shores

10 Years Ago

Mark

My brother lives in Germany and speaks fluent German, do you need him to take a look for you?

It is NOT FAA who has done this

 

Mark Orr

10 Years Ago

I'm not sure how to go about it? I am waiting to hear back from the musician. He said he was going to send them the correspondence between he and I on Facebook as proof of my consent. I hope that is good enough for them. How crazy....having to prove that you allowed someone to use your work.


 

Abbie Shores

10 Years Ago

If you need Simon just let me know and I will grab him, or Jason my nephew

 

Mark Orr

10 Years Ago

Thank you...I will do that!
Appreciate all the advice.

 

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