Friday, September 05, 2008

Recycling

Recycling's great, unless...

Glancing through the latest Bicycling magazine (October 2008), I came across the "Master It" article (p. 49). The accompanying illustration looked familiar. Gary took a photo of Campster that eventually ended up in the Reader's Eye section of Dirt Rag. So I went to G's site, drilled through, and I found the pic. Whaddyuthink?


Gary?

17 Comments:

At 9/05/2008 4:55 PM, Blogger ridethewomble said...

Oh, it's a lock. That's a slightly modified copy of the original, for sure. Copyright, anyone?

 
At 9/05/2008 5:35 PM, Blogger DiscoCowboy said...

Word.
http://www.youtube.com/watch?v=dMwhZryRUr4

 
At 9/05/2008 6:57 PM, Blogger gmr2048 said...

Um, wow man! That's pretty...uh...coincidental? (Insert something here about imitation being greatest form of flattery or somesuch).

Quite interesting. Thanks for posting the link/image.

 
At 9/06/2008 5:31 AM, Blogger Butch said...

Wow! What I find funny is the illustrator's copyright credit at the bottom of the illustration. Wouldn't want anyone ripping it off...

 
At 9/06/2008 5:33 AM, Blogger DT said...

Wow, that's not flattery, that's fucked up...

He's trying to copyright your work as his own.

Time to call Rodale and hell, maybe you can get up on Boing Boing, ha.

 
At 9/06/2008 7:12 AM, Blogger gmr2048 said...

My buddy Ben whipped up an animated GIF of the two shots. Leaves no doubt.

Does this mean that I can officially say that I've been published by Bicycling magazine?

 
At 9/06/2008 4:29 PM, Blogger fatbob29r said...

Well, I'd say that the illustrator should give you credit for the photo and pay you royalties.

 
At 9/07/2008 6:55 PM, Blogger Ikon O. Klasst said...

Here ya go, for what it's worth:

http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm

Sounds like you have a case.

BTW, did you give Ben express permission to make that animated GIF? ;)

 
At 9/07/2008 6:56 PM, Blogger Ikon O. Klasst said...

More disturbing: Rick reads Bicycling! ;)

 
At 9/07/2008 7:11 PM, Blogger rickyd said...

Maybe you should work on your comprehension. I said "glancing", not reading. I don't read. :p

 
At 9/07/2008 7:26 PM, Blogger Ikon O. Klasst said...

"Read" is just a figure of speech...in this case, it signifies "gets", which signifies "has a subscription to" or "buys", which...aw, you'd get the point if you only read! ;)

Nice sleuthing work, BTW.

 
At 9/08/2008 5:44 AM, Blogger JoeP said...

I only read the StyleMan section.

 
At 9/08/2008 6:37 AM, Blogger riderx said...

joep -

That's quite apparent...
:O

 
At 9/08/2008 9:31 AM, Blogger gmr2048 said...

I sent an email to both Bicycling Magazine and the artist listed in the illustration’s copyright notice. The artist wrote back and seems to be a decent enough guy (and not at fault). The ball is back in Bicycling Magazine’s court:

From: Dugald Stermer
To: Gary
Sent: Monday, September 8, 2008 12:06:53 PM
Subject: Re: Use of my copyrighted photo.

Hello Gary.

I did do the illustration, from, as you point out, your photograph. However it was supplied me by Bicycling magazine as reference. My assumption was that they had a staff photographer take the picture or at least had acquired permission. Your quarrel is with them, and I sympathize, even empathize.

The art director’s mail is ******@rodale.com.

Best of luck,

Dugald

 
At 9/08/2008 9:33 AM, Blogger gmr2048 said...

Good point about Ben's GIF, Spearman. Looks like I'll be filin' *two* lawsuits instead of just one! Muhahaha!

 
At 9/10/2008 9:36 PM, Blogger gwadzilla said...

larry is so better looking that that rip off artist!

 
At 10/02/2008 9:01 AM, Blogger gmr2048 said...

Hi all. Just a quick update to my story:

Bicycling Magazine has put things right regarding the use of my image in their print magazine and on their web page. They've asked that I keep our specific communications confidential, and I've agreed to that. Generally speaking, I specified terms and compensation that I felt were fair, and they agreed to them. They also agreed to post a correction in the magazine giving me credit for the original image.

I'm happy with the way things worked out. I can only hope that going forward, Bicycling Magazine (and publishers in general) will be more careful about the images they use and the manner in which they acquire them. That's really the heart of the matter. Photographers have rights. We've got to stand up for them. They've got to respect them.

Thanks to all who offered insights and thoughts.

 

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