Advice on illo used without permission
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- blackspade
Hey Guys... got this email this morn (below)
What would you do in this situation? apparantly Ode magazine published an illustration of mine (I had no idea) in feb 2008 in an article by Paulo Coelho
now another (I think much smaller) magazine has contacted me today, wanting to re:print it and asking for the file and a price.. not sure what to quote, have no idea which illustration it was!
should I contact Ode and ask to be embursed for its use even though it was back in feb 08 ?
email below...
"Hello Chris,
I am writing to you about one of your illustrations, which was used in an article by Paulo Coelho, "The Good Fight", published In the Ode Magazine from January/February 2008.
We will be reprinting the article in our magazine and would like to use your illustration if possible. We hope you still have it, and that you would be able to send it to us as an electronic file.
If so, please let us know of prices, payment details etc."
- What would you guys suggest to do?
- detritus0
Don't worry about over-charging the new client - sounds like you've got money in the bank from Ode waiting for you somewhere.
Wish I knew what, exactly, to suggest - you should definitely chase those fuckers up, though.
Orbit Horpington Smythe or Migy or someone might perhaps have some advice for you?
- < pointless post, just slightly mad on your behalf.detritus
- blackspade0
Thanks detritus - wish I could find the article
I've found the issue here, but can see the actual article
http://www.odemagazine.com/doc/5…
- ********0
Just remember to send your art work as a electronic file.
I would be writing to the magazine who used your art work without you permission and ask them for bloody payment.
- blackspade0
Thoughts on calling -vs- emailing ??
- email first and then mention you will call if no reply.Jnr_Madison
- and then keep calling every 15mins for the est of your life.Jnr_Madison
- I would go straight for the call?********
- email is easier since im working but call seems like it would get answers quickerblackspade
- think ill callblackspade
- ********0
You need to contact Ode immediately, but you need to remain calm and polite and allow them chance to look back through their paperwork and back to the Feb 08 edition to see for themselves that they have used it. It may be that they have done it in innocence and were sold the illo by an unscrupulous and as yet unknown third party.
Ode owe you money though, and that is a separate issue from the new magazine that wants to run it.
Bear in mind the fact that the article is by Paulo Coehlo and not some two-bit jobbing journo-monkey, so the cost of licensing the article should keep the cost of your illo up a bit higher in my personal opinion.
Try not to entangle the two issues when dealing with either though. Ode may try to suggest that you are benefitting from the syndication or some such rot, so its best to keep it all nice and simple and talk about sending them an invoice not sending in the lawyers. Don't beat them up too much about what they have done, just make it clear you need payment and provide them with your fee for an artical illo. Don't ask them what they are going to pay, tell them what it costs.
- brilliant advice Orbit, appreciate that thanksblackspade
- would you call or email if it was youblackspade
- I would email first advising that I will be calling in 24hours and require a correct contact name and number to talk about it with********
- sweet thanks =)blackspade
- Orbit is so professional.********
- blackspade0
I really need to know which illustration it was in order to work out a cost
Also never heard of Ode no idea how large they are
thanks for advice guys
- Its up to them to look at an archive copy and tell you. They need to send you file copies too!********
- Its up to them to look at an archive copy and tell you. They need to send you file copies too!
- Amicus0
Always email in this situation. It starts a paper trail that you may want to use for future reference.
- neverblink0
Blackspade: it's an illustration of a person making soap bubbles.
- really ? I think they have the wrong person if so! lolblackspade
- Corvo20
There are libraries that archive every single newspaper or magazine that hits the stands. Can't you check the past issue with one of those?
- neverblink0
look at the credits on the left (same name, different person?)
- I love playing internet detective :)neverblink
- nice work sirblackspade
- blackspade0
Ahahaha classic, so they have the wrong person
nice work internet detective. case closed. =)
- ********0
Sue them anyway.
- neverblink0
I'm guessing this is the CHris(topher) Sharp that made the illustration:
http://www.christophersharp.com/…
- detritus0
I'm curious to know how magazine #2 got your contact details, if magazine #1 had someone else credited for that work?
- #1 only had a name, which is the same for both personsneverblink
- yup and I guess I have better google Juice than CS 2blackspade
