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Art Business Info: NEWS

​about art for artists

NEW: The Best Art Business Books for Artists

4/4/2018

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Picture
The Best Art Business Books for Artists is the new home for information from another site I developed with the same name. It's a work in progress at present but now has enough content to make it worth highlighting and my other site is about to be closed down.

Initial categories cover:
  • Short Art Business Guides - for a quick read
  • Starting Out - for those who aspire to an art career
  • How to have a career and make money as an artist
  • How to sell your art 
  • Understanding Art Galleries
  • Copyright
  • Art in Transit
  • The Artists' Resale Right
  • Art Legacy Planning

Interestingly most of the books on the new page are EITHER new OR new editions of books that have been around for a while.

So much has changed in the past few years. In particular the emphasis on business online is now much more important. 

I'm finding that I really need to look long and hard at content as I do the transfer - and I'm needing to buy new editions of books I've loved in the past.

Plus I know than a few authors have recognised the need to update and have new editions in the pipeline.

​For example, a couple of days ago I was contacted by Caroll Michels - author of How to Survive and Prosper as an Artist (a book I really rate!) - about the NEW edition of her book which is published later this month. This has got a LOT of new content to reflect the changes in the workings of the art market and the new challenges for all artists - even established ones. For example:
  • the use of social media and website development as marketing and publicity tools – what works and what doesn’t work;
  • the confusions between the “art-buying public” and the “consumer market”;
  • neighbourhood gentrification and the growing challenges of securing a reasonably priced work/live space; and
  • the pros and cons of the new business models for artist career development.

So I hope you'll join me in my investigation of what's currently on offer and the best books about the art business for artists which offer both great content and good value for money!

There's a lot more to come and this page will be continuously updated over the next few months - and years!

Subscribe to Art Business Info. for Artists - NEWS by Email
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Tell me about YOUR favourite art business books!

I'm also interested to hear about what new art business books you've been buying and getting value from.

If you'd like to share your recommendations with fellow artists just leave a comment on this blog post - or contact me and give me a recommendation.
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Court Order: Zazzle to pay $460,000 for copyright infringement

20/8/2017

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A court has determined that online stores, such as Zazzle, that manufacture products cannot enjoy the "safe harbor" benefits of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512 normally made available to online service providers - to the extent that they satisfy required conditions.

This is due to the fact that Zazzle has a responsibility to control the production of merchandise for sale and ensure that it does not infringe copyright.

Below I try to tease out the key elements of the case and why the plaintiff succeeded in getting a 
a ruling that the plaintiff (an agent for an artist) can recover $460,000 in pecuniary damages from Zazzle.

The 'safe harbor' protection is only afforded to those who contend that they only operate as a publishing platform ONLINE. (Which is why Facebook is safe from prosecution). The notion is that an online publishing platform cannot be aware of everything posted 100% of the time. 

However the protection only applies if a site immediately takes action to remove any copyright infringements as soon as it is made aware of them and has received appropriate proof of infringement. (which is why you need to serve a DMCA notice on the host if you see an image of yours online - see What to do about copyright infringement - for artists).

What's different about this court decision

Picture
What's different about this court decision is it states that when publication of images by an online platform moves into the production of tangible goods based on those images then the online service provider has the right and responsibility to protect creators from copyright infringement and hence can also become liable for any copyright infringement.

In other words in order for Zazzle  to be protected by the DMCA's safe harbor provisions (relating to
storing images of GYP's copyrighted paintings) - the provisions of 17 U.S. Code § 512 - Limitations on liability relating to material online required that Zazzle had to:
  • qualify as a service provider 
  • lack specific or "red flag" knowledge of the infringement committed by its users; and
  • AND importantly for this case "does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity" (para C 1 (b) )
In this case, the Court decided that Zazzle did not pass the third test. 
For the record, this is the​ Zazzle Copyright Policy. I'm guessing it might be rewritten by the lawyers in the future to pass liability for any costs awarded against Zazzle to the user - and make this explicit to every user of Zazzle.
​
This judgement has very considerable ramifications for:
  • all online service providers of "print on demand"
  • involved in the production of tangible goods for sale which involve uploaded images that infringe copyright.

Interestingly there is no press release about the Court Judgement on the Zazzle website and no blog post either. I'm unclear as to whether there is going to be an appeal although I understand the level of damages are likely to be contested further.
In effect, the court sets up a double standard: physical vs. digital. Zazzle is protected if users upload infringing images but not if customersdecide they want a copy of this image on a t-shirt or poster.
​Court Says DMCA Safe Harbors Disappear Once Infringing Images Are Printed On Physical Items ​ | Tech Dirt

The claim
​

Court Case: California US District Court case (Greg Young Publishing, Inc. v. Zazzle, Inc., 2017 WL 2729584 (C.D. Cal. May 1, 2017) 
Plaintiff - Greg Young Publishing, Inc. 
Defendant - Zazzle, Inc.
The Claim - In brief (as I understand it), the case involved a claim that Zazzle was jointly liable for the copyright infringement of certain images because Zazzle was:
  • publicly displaying images of an artist on its website that that GYP represented  and that GYP had never given permission for uploading
  • AND that Zazzle was making tangible products from these images which were then sold
  • AND Zazzle enjoyed a pecuniary benefit as a result for an activity which it could control i.e. the making of products
  • AND that the safe harbor protection consequently did not apply.
GYPI alleges that Zazzle has publicly displayed 41 paintings by Westmoreland or Erickson on its website, and that Zazzle has created consumer products bearing these images. It asserts claims for copyright infringement and seeks injunctive relief, statutory damages (or, in the alternative, actual damages and restitution), and attorney’s fees. 
Case 2:16-cv-04587-SVW-KS Document 81 Filed 05/01/17 ​

The Judgement: Greg Young Publishing, Inc. v. Zazzle, Inc., 2017 WL 2729584 (C.D. Cal. May 1, 2017)
​


Read More
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Rubbish written about copyright on social media

19/2/2017

1 Comment

 
Some people write complete and utter rubbish about copyright on social media.

Beware that you are NOT sucked in with the sentiments and falsehoods they share.
​
​Here's one such....
Like I said! not worth the paper it's written on or typed on a keyboard! You lose the right to any copyright if you share it on any social media site. Look at Facebooks acknowledgement clause! You have to be careful what ever you show. I'm not saying it's right! but like the song says "It's like that, it's just the way it is!" If anyone is daft enough to share, works of art on any social media site, before they have made enough money themselves out of it. Is a fool!
and here's my response
re. "You lose the right to any copyright if you share it on any social media site. " 
1) INCORRECT You never ever lose your copyright unless you sign it away e.g. in a licensing agreement. 
2) INCORRECT because Facebook allows and enables you to report Copyright Infringement. Have you not read Facebook's pages about how to tackle copyright infringement? 
https://www.facebook.com/help/325058084212425?ref=contextual 

I agree people need to be aware that if you post on certain sites that your photos may be shared beyond what you might intend - but that is not the same as losing your right to copyright. That's about people not reading the terms and conditions of use of the site properly.

What to do if you see copyright infringement on Facebook

Picture
For the record:
  1. Posting a photograph or an image of your artwork on social media does not mean that you lose your copyright
  2. You can report copyright infringement on Facebook
  3. The Help centre contains a page which tells you How to report copyright infringement on Facebook
  4. This has a useful link to What information do I need to include in a copyright report? ​
  5. Only you or your designated agent can report an infringement
  6. Note that when making a report you will be asked to provide your complete contact information (full name, mailing address and phone number).  Note also that Facebook will provide the rights owner’s name, your email address and the details of your report to the person who posted the content you are reporting. I'd RECOMMEND you do NOT use your normal/main email address but rather one specifically set up for this purpose or any other purpose where you don't want your main email to be hacked/spammed etc.
  7. If you see somebody infringing somebody else's work you can let that person know - but in highlighting it remember that they may have given permission or it might be being used in a legitimate way (ie under the legal exemptions to copyright) i.e. Asking people "Are you aware your image is on ...." is better than "Some snivelling little thief has got your picture...!" 
1 Comment

Paypal Policy Update - intellectual property and surcharges

26/8/2016

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For those using Paypal as a method for customers to pay for your art...

Have you read the Policy UpDate published this month by PayPal? If not you might like to take time out to do so.  There are two important paragraphs

The first relates to their use of the intellectual property of your business i.e. their use of your brands and logos. It applies to relates to all businesses (e.g. your art business) which use PayPal. I'm guessing that they want this right to use brandnames and logos for marketing purposes.
​The new paragraph at section 1.3 reads as follows: “You grant the PayPal Group the worldwide right to use and depict your business name, trademarks and logos on our website and in our mobile and web applications for the purpose of displaying information about your business and its products and services.”
The second is a requirement that you neither disparage PayPal nor use surcharges in excess of those relating to other forms of payment.

Note in particular the last sentences of the second and last paragraphs - which I've highlighted in bold!  I can only think there has been a legal case which now means they need to highlight that they're not going to be liable for anything which is a criminal offence!

The issue for you is do you know how to avoid committing a criminal offence?
2. Non discouragement
We are amending section 4.4 (Non discouragement) to outline the standards that businesses must adopt at their points of sale in respect of their customers’ use of PayPal. Section 4.4 now reads as follows (with added/amended wording underlined):

​“4.4 Non discouragement. In representations to your customers or in public communications, you shall not mischaracterise or disparage PayPal as a payment method.

At all of your points of sale (in whatever form):
a. you shall not dissuade or inhibit your customers from using PayPal; and
b. if you enable your customers to pay you with PayPal, you shall treat PayPal’s payment mark at least at par with other payment methods offered.

​PayPal does not encourage surcharging because it is a commercial practice that can penalise the consumer and create unnecessary confusion, friction and abandonment at checkout. You agree that you will only surcharge for the use of PayPal in compliance with any law applicable to you and not in excess of the surcharges that you apply for the use of other payment methods. You further agree that if you do surcharge a buyer, you, and not PayPal, will inform the buyer of the requested charge. PayPal has no liability to any buyer where you have failed to inform the buyer of any surcharge. You acknowledge that you could be committing a criminal offence if you fail to disclose any form of surcharge to a buyer.”
There are also several amendments to the  several amendments to the PayPal Buyer Protection policy

​You can download PDF version of the Policy Update.
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A new home for 'How to do a reverse image search'

29/11/2015

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I've created a new page which tells you 'How to do a Reverse Image Search' in the Copyright section. I hope you find it useful.

Why do a reverse image search?

Here are some of the reasons why people want to locate images.

Over 70% of people
  • either want to find out where an image comes from
  • or they want to track down places on the Internet which might be abusing their copyright.
Picture
Previous Poll I ran about the reasons why people do a reverse image search

How the new page came about...

A long time ago I started by compiling a set of bookmarks on what to do - just for me

Then I wrote a blog post to share my summary of everything I'd found out about:
  • what is a reverse image search;
  • the main reasons for doing one and
  • how they work - using alternative methods.

Then I created a website to share this information. This expanded on the blog and included the latest information and links to yet more advice.

Finally - I needed to move on from the sites which had been hosting this content - and I moved it here last week.

However before I published the new page I included some new advice and links e.g. to how to do a reverse image search using a mobile phone.

​Do let me know if you've found any other useful sites which work well or offer good advice.
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    Wanting to find out about the business side of art?

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ABOUT ART BUSINESS INFO. FOR ARTISTS
This website aims to provide a compendium of resources about the art business for artists. Please read "PLEASE NOTE"

It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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Copyright: 2015-2021 Katherine Tyrrell | Making A Mark Publications
​
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If you've got any suggestions for what you'd like to see on this website please send me your suggestion
PLEASE NOTE:
1) Content and the law change all the time. It's impossible to keep up with it if you're not working on the topic full time. 
​2) I research topics carefully. However, I am totally unable to warrant that 
ANY and/or ALL information is 
  • complete and/or
  • professional and/or
  • wholly accurate and/or 
  • all links lead to the most current information (at the time of writing)​
​3) Hence all information I provide comes without any LIABILITY whatsoever to you for any choices you make. 
4) This website is FREE FOR YOU but not for me. ​Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser.
Photo used under Creative Commons from Keith Williamson
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