Do you know this artist?

[griz326]

Do you know this artist? I purchased this picture from an artist with a street stand in Chengdu, July, 2007. Long story short, Lao Po wants to use this picture as the signature piece for her new store. You know: biz cards, signs, t-shirts, hats and duplicates....

 

http://i272.photobucket.com/albums/jj161/griz326/PandaCabin.jpg

Signature art for Panda Cabin

 

Our daughter is worried about the legal/moral aspects of that ...I'd just prefer the wife do the proper thing because the likelihood/risk that this guy in Chengdu will find out what is going on in Eureka, Montana approaches zero.

 

So if any of you know this guy, please get in touch.

 

TIA,

Griz

[b.c]

Kudos to your Daughter. But there is absolutely nothing to worry about. If it makes you feel better, then have a graphic designer make a slight change to it when it is put in digital form, if you are going that route for a better quality image.

[Jon & Cindy]

...or just recreate something similar with Adobe Illustrator (or whatever).

[griz326]

But there is absolutely nothing to worry about.

 

I'm not certain I understand what you mean by this, Brian. If you are referring to potential for successful legal action, I agree. I'm just not keen on taking someone's work without paying them at least a little something for it and don't want to endorse that behavior in my wife.

 

We'll make an honest effort to find the guy before printing T-shirts and such.

[warpedbored]

If it;s not copyrighted There is nothing wrong with it legally. I applaud your view on the moral aspect though. Most Chinese I know wouldn't be too concerned about it. This is a battle you probably can't win.My advise would be to decide if it's worth fighting.

[b.c]

I'm not certain I understand what you mean by this, Brian. If you are referring to potential for successful legal action, I agree. I'm just not keen on taking someone's work without paying them at least a little something for it and don't want to endorse that behavior in my wife.

 

We'll make an honest effort to find the guy before printing T-shirts and such.

 

I too applaud your concern and desires. But your mission is just not possible, imo. I would bet your only chance of accomplishing this is to find him once again on the streets of Chengdu.

 

Knowing a bit about Chinese culture and experiencing some of these same issues with them in my industry, I would guess the following:

 

1. He very well could have got the design idea from someone else anyway.

2. Chinese view this 'copying' issue completely different than us. It is slowly changing to a more western viewpoint but its still considered somewhat of a compliment/honor to be copied.

3. This is more of a rationalization of the situation which may or may not make you feel better about it, but the Chinese are ruthless copiers themselves. Several times we have spent a good chunk of change on an original design and have these things happen: 1. Our own supplier sells our proprietary design to other companies in other countries and 2. A different manufacturer in China gets ahold of the design and copies it with a slight modification and sells to other importers even in the US.

 

Worst case, the guy at least gets a bit of Karma out of it, if you believe in such a thing.

 

As another alternative, you could probably find an image very similar to that online if you search for stock photos. istockphoto.com is a good one. You can usually get nice royalty free images of about anything you want there for anywhere from $5 to $15.

 

Oh, yes, I was strictly referring to the legality of it. I understand and respect the moral issues you are referring to.

[knloregon]

The image you have is cute, and compelling (as as such could be a good trademark), but its also mass-market art. You can show it to any of a number of other artists (particularly in the area where it was created---many will have the 'trick' to produce 'almost' the same thing. Very simple: Have one of them agree to copy your art, and (with legal representation) sign over to you creative rights to it. You pay say, 5 times the regular price, to make it worth their effort. You then have an intellectual property (trademark) which will withstand legal scrutiny internationally. (register it in the US)

[Stepbrow]

I think it is good for Griz to try to get some info, but you never know, maybe the artist copied it from another artist.

[knloregon]

Another artist can copy this work all day long. No problem.

 

In fact, the work Griz has, is probably (99%) --- a copy from a whole generation of local artists who have the 'trick' to produce this image --- the right combo of water colors and brush strokes (and btw, on water color blotter paper that has just the 'right" characteristics to soften the image) ---- its as old as time. In an effort to avoid intellectual property issues down the road, Griz just wants to exercise a preponderance of caution --- in the near term, and for that, he is wise.

[ptcrusier333rph]

If it;s not copyrighted There is nothing wrong with it legally. I applaud your view on the moral aspect though. Most Chinese I know wouldn't be too concerned about it. This is a battle you probably can't win.My advise would be to decide if it's worth fighting.

 

 

If an artist sign their art it is copyrighted by American law. It does not have to copyrighted on paper, American courts will side with the artist that sign the art. you can buy the rights from the artist or draw your own. When I sell my art I sell the art not the rights, if I sell the rights I must sign and have it notarize that I have turn over the rights.

 

The problem is I doubt very much you will find the artist. More than likely it been copy from others, in Asian copying a master art is a learning lesson doing it over and over until they after many years can change it as a master.

 

looking at it the art It is very simple and look like something someone does over and over to sell to tourist. I doubt you have any problem using it, it would not be hard to draw for yourself. and doubtfully anyone would come looking for you.

[griz326]

If an artist sign their art it is copyrighted by American law. It does not have to copyrighted on paper. . .

 

As a writer, I know this to be true. Your reference to holding the rights for other uses is not true by default.

 

The chances of the artist discovering reuse of his work is small; the chances of a lawsuit are small; and the chances of a court ruling in the artist's favor are probably 50:50. However, on a purely personal level I'd prefer to formally buy all rights to that work and get the guy to make oodles more of them to sell (he also does happy monkeys as well as more serious art). ...it's just the way I am...

 

If we decide to proceed, then I'll consult my attorney for an opinion.

[hakkamike]

Why not just find a airbrush artist and get them to do one similar for 40 or 50 bucks and be done with it?

[griz326]

If there are any copyright issues, getting another artist to copy it doesn't solve the problem.

 

I truly doubt that there are copyright issues, but before jumping in with both feet, I'd like to do some due diligence. When I've exhausted attempts through the web, I'll talk with my attorney and move forward.

[Minister]

 

We'll make an honest effort to find the guy before printing T-shirts and such.

 

Tip for making T-shirts...

 

You may be thinking, "You know what? I'm going to do things right! I'm going to buy high-quality Bella shirts with 6.8 oz cotton knit! It'll cost a little more, but people will appreciate my commitment to quality!"

 

Don't think that. No one gives a crap. Just make the cheap stuff. No one will notice except the other store owners who will then chastise you for spending too much.

 

And that is a super-cool logo!