Copyright infringement is a delicate subject – and understandably so.
As impartial artists, it usually seems like a David and Goliath battle once we’re confronted with giant firms utilizing our work with out permission. The emotional toll is actual, and the facility imbalance might be overwhelming. I felt compelled to write down this submit to remind you that you simply do have clout, your rights matter, and your artwork deserves honest compensation – irrespective of how huge the corporate is.
Once I skilled my first main incident of copyright infringement, I used to be fairly devastated. A big firm had used my art work in a mass-produced product with out my permission – and with out compensation. I used to be nonetheless early in my artwork journey and had completely no expertise in coping with a state of affairs like this.
Fortunately, my husband is level-headed and pragmatic. He jogged my memory time and again that I had each proper to guard my work, that they had been within the mistaken, and that honest compensation wasn’t a favour – it was a authorized and moral obligation.
That helped me keep centered and never allow them to intimidate me. From the beginning, they tried to downplay the incident and supplied me a token fee – a laughable quantity contemplating how a lot income my art work had helped them generate.
Sadly, I’ve since realized this sort of behaviour is all too widespread.
Many giant firms use their measurement and perceived authority to intimidate impartial artists. In the event that they’re not providing a meagre quantity as a payout, they’re claiming they didn’t absolutely perceive the licence phrases, as if ignorance is a sound excuse.
Let’s be clear, that’s utter nonsense! An organization whose enterprise mannequin depends on utilizing art work ought to completely perceive licensing and copyright legal guidelines. Claiming in any other case is just not solely disingenuous, it’s insulting.
These corporations usually deal with artists as if we’re insignificant, assuming we’ve no actual energy. However that couldn’t be farther from the reality. I wish to remind you that you simply DO have leverage. You could have the authorized proper to manage how your work is used, and to demand honest compensation when your rights are violated.
And so they know this. That’s why it’s so necessary to face your floor. Be calm, skilled, and assertive – not aggressive. It’s private, and it may well really feel deeply violating, however don’t let your feelings derail your case. Preserve a degree head and make it clear you received’t be brushed apart.
In my case, after many back-and-forth emails and refusing to provide in, I used to be lastly supplied a way more cheap settlement. Later, I discovered that a number of different artists concerned in the identical incident had accepted far much less. Studying their correspondence with the corporate was heartbreaking. The corporate had clearly used a bullying tone to strain them into settling rapidly – and it sadly labored. As an alternative of doing the fitting factor, the CEO selected to govern and intimidate them.
Right here’s the fact: corporations could make 1000’s from our work. And though they could solely be utilizing one or two of your items, these items signify years of honing your craft – your time, talent improvement, fashion evolution, medium exploration and naturally our coronary heart and soul expression. Don’t neglect that. And don’t let anybody diminish it.
Whether or not you’re negotiating a licensing deal or coping with outright infringement, stand agency. Ask for what’s honest.
