copyright

  • copyright

    I am tired of people who steal to make profit

    Last month, a friend found my artwork on a name card and quickly told me about it. I tried to get in touch with the lady who has my artwork on her name card but to no avail. Today, another friend found out about it too and told me.  I e-mailed the lady again and finally got a reply. She told me that she didn’t know that it was my artwork on the name card as the design was done by a printing and design company in Sungai Besi, KL.

    I am now waiting for her to furnish me with the information of the company.

    name card with my stolen artwork

    Please do not tell me to watermark all because I haven’t got the time to do so. The only thing I can do is put watermark on recent works. I have 4006 artworks todate since 2006 in this blog.

    I am tired already but for the sake of educating people about copyright issue, I have to stand still. Rrrr.

  • copyright

    Rachelle Anne Miller

    rachelle anne millerI am very familiar with Rachelle Anne Miller‘s artwork since I joined Illustration Friday few years back and I can spot her artworks from far; her swirly elements and her choice of colors.  So, recently when I blogwalked, I found her image on a portfolio of a small web design company here in Malaysia, I was like, “huh?” The portfolio shows her image on a header of a website that I suppose they designed for a company.

    And so I e-mailed Rachelle to get confirmation. Rachelle was quite surprise to hear the news from the other side of her hometown (Canada) and she did e-mailed the company for explanation. The company who had her image as header didn’t know that the image was Rachelle’s and went under construction once they knew about it. As for the web design company, they told Rachelle that they bought the image from a local (Malaysia) stock images company and that they could not locate the company as it was closed down. I don’t think Malaysia has an online stock artworks to offer. Do we?

    Anyway, here’s my advice to web designer or small web design company: Please buy your art stock from trusted online stock photos company like istockphoto, Getty, etc and never ever buy from any source that are not sure of the origin of the artworks. If you like an image you see on the internet, find out the creator of the image and e-mail him/her for the possibility to license their artwork. Please respect their copyrights.

    Here’s Rachelle’s artwork that has been taken without her permission as feature in her My 8-Step Illustration Process:

    Copyright Rachelle Anne Miller

    Credit: Rachelle Anne Miller

    the website snapshot

  • copyright,  mugs

    Lagi lagi kes curi gambar

    I dunno. The last time it happened, it was done by a college grad, later it was USM student, recently UiTM grad (with BA Honours in Graphic and Digital Media). And today, again, USM grad. Never school kids. I guess my English is better understood by kids. Boohoo. What can I say, my English level is only up to SPM or secondary school. Never college or university.

    This is how I expose your wrong-doing. Here on my blog. Face to face, if you are having a grunge against me for exposing you. I am so up to it.

    used without copyright

    Click to see larger version.

    Read this article: Copyright of images found on the internet.

    And I didn’t get to expose the UITM one because his boss paid me a compensation. Lucky you, boy! Anyway, the latest one apologised but I feel that I should share with my faithful readers of what she did.

    You pay for what you did. Think before you do something. If you think I am going to let you go just like that, you are wrong. If you wanna do a business out of my artwork, contact me, we can deal a profit-sharing scheme.

  • ABOUT ME,  copyright

    Settled amicably

    ———————————————————————————————————————
    I am taking this opportunity to thank my friend, Adilah Bakar, who discovered about the illustrations, my lawyer Mr Harris Abdullah for the speedy demand letter, and to all who have given me support throughout this copyright issue. Thank you so much.
    ———————————————————————————————————————

    Despite having a mild fever, I forced myself up this morning and went with my husband to meet the owner of Swensen’s Cafe (SC), Mr Tan Lian Ann, a very soft spoken man with a sweet face. When we came, he was in a meeting and apologised that he had to attend to us a bit late. He greeted us with a smile and invited us to his room. We talked about the issue regarding my illustrations that appeared on the calendar that his company produced as giveaway to customers. SC entrusted the graphic designer with all their creative works without knowing that the designer has a shortfall of not being able to illustrate by himself. They fired him two days after they got my e-mail. I felt sorry that the designer had to learn the hard way. But I guess he learned the lesson well, not to simply take images from the internet. Like Mr Brad said, “The default you should assume for other people’s works is that they are copyrighted and may not be copied unless you know otherwise.”

    Anyway, we settled the issue amicably with help from HKM lawyers and came to an agreement that I give him the right to use my five characters for a year, for a total amount that I am not going to disclose. Mr Tan has thought this over as he didn’t want to think it as him being penalised for what his former employee did and for me not to profit from his misfortune. That is good enough for me and I agreed.

    my girls and pets

    It is sad to learn that all calendars have been destroyed.

    Before coming to see Mr Tan, I did a background check on him. Well, what can I do, am a big fan of Magnum PI. I found out that he is a Chess Champion so I asked him about it. He smiled and talked enthusiastically about chess. He was a chess prodigy at the age of 9 and reigned supreme in the 1950s and 60s as the Singapore and Malayan Chess Champion. He traveled the world to play in chess tournaments and in 1973, he was awarded International Master.

    My husband and I had fun listening to his story and before we left, I showed him my illustrations portfolio and since he has no graphic designer, he told me that he might want me to illustrate for him. Since his company deals with a lot of kiddies stuff (Nuk and Lego), he said it’s a blessing that we meet each other as my expertise is in children illustration.

    I am glad to have met Mr Tan today.

  • ABOUT ME,  computer/internet,  copyright

    Copyright of images found on the Internet

    This issue has been going on forever and many people are not aware about copyright or do not really understand the meaning of Copyright. Or do not understand the meaning at all.

    According to Encarta Dictionary:

    copyright [ kóppi r?t ] – creative artist’s control of original work: the legal right of creative artists or publishers to control the use and reproduction of their original works.

    Basically, copyright automatically protects images found on websites. Artists do not have to register their works in order to protect them and a copyright symbol or notice does not have to be included with an image in order for it to be protected.

    don't play play, ok

    While browsing the Internet looking for reading material, I found this great article by Brad Templeton, 10 Big Myths about Copyright Explained.

    Here are some myths that I copied that I thought relevant to my context:

    1) If it doesn’t have a copyright notice, it’s not copyrighted. The default you should assume for other people’s works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure. It is true that a notice strengthens the protection, by warning people, and by allowing one to get more and different damages, but it is not necessary. If it looks copyrighted, you should assume it is. This applies to pictures, too. You may not scan pictures from magazines and post them to the net, and if you come upon something unknown, you shouldn’t post that either.

    2) If you don’t charge for it, it’s not a violation. False. Whether you charge can affect the damages awarded in court, but that’s main difference under the law. It’s still a violation if you give it away — and there can still be serious damages if you hurt the commercial value of the property.

    3) If it’s posted to Internet, it’s in the public domain. False. Nothing modern and creative is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, “I grant this to the public domain.” Those exact words or words very much like them.

    9) It doesn’t hurt anybody — in fact it’s free advertising. It’s up to the owner to decide if they want the free ads or not. If they want them, they will be sure to contact you. Don’t rationalize whether it hurts the owner or not, ask them. Usually that’s not too hard to do.

    To read the full version, pleas visit Brad Templeton, 10 Big Myths about Copyright Explained.

  • ABOUT ME,  copyright

    Art Theft (Update)

    Thanks to my good buddy, Adilah, I came to know about the artwork theft.

    raya girl

    You can find my Raya Girl here: Raya Girl @ Emila’s Littleshop, portfolio, and Raya cards for PTS. I granted PTS a license to use and distribute (one-time usage, they need to get back to me for reprints).They paid me for the licensing, why can’t others?

    Previously, I did not put watermark on my images. I take pride in my work and really like people to enjoy my illustrations in a fresh form. Once in a while I mentioned about the copyright in individual posts but overall, the terms of use has been there on my sidebar every single day without fail since 2006. If you have traveled hours on the Internet to find my blog/pages, please at least make time to look and read the terms of use. This not only apply to my blog, it apply to others as well. ALWAYS.

    I am going to do something, to take action. This is to  create awareness to all parties (the company/ies and the designer/s) to really work together on creating the artwork.

    This is what I have to say:

    To the company/companies:
    “You should monitor the design process right from the sketching part, down to the finished work.”

    To the designer/s:
    “Graphic designing is not about searching artwork from the internet and integrate it in your work. Graphic designing is about doing your work from scratch.”

    Updates: I discovered another page of the calendar that has my girls on it.

    These are my girls, Norah, Emot posing with their bestfriends, Pumpkin the Cat and Dixie Bird.

    norah, emot, pumpkin and dixie

    And they appeared without consent on the calendar:

    the calendar -- malaysia day

    This is my raya girl:

    raya girl

    And she appeared without consent on the calendar:

    raya girl has been used without consent


  • ABOUT ME,  copyright

    Without permission

    I know, when I put them all up in my blog, they’ll appear in the google search. And google, being a giant search engine always has this remark: “This image may be subject to copyright.” And people who search for images, sometimes are being just plain ignorant. They copied it down directly without giving thoughts of checking the website/blog for information regarding the images.

    Click above image to enlarge

    Today, I went to Genting Highland and found out that my merdeka girl illustration is being used as photostated greeting cards by BION SB Management as greeting cards and they stapled some pieces over their ticketing counter.

    I did mentioned in my TERMS OF USE, that:

    You can:

    1. use (as is) my illustrations/photos/verses to accompany your posts.

    2. download and print as personal greeting cards; to share any illustrations/photos/verses with other individuals you care about.

    In all cases, my name, Emila Yusof with link to my blog https://emilayusof.com MUST be included.

    POSTS in this context are BLOG POSTS.

    PERSONAL GREETING CARDS literally means just that; personal greeting cards. They cannot be seen as public decorations or as such, including photostated ones.

    INDIVIDUALS YOU CARE ABOUT means your mother, father, sister, grandfather, grandmother, brother, cousin, second cousin, auntie, uncle as such. PUBLIC is so not included.

    According to dictionary, the word PERSONAL is a definition that means “relating to somebody’s private life: relating to the parts of somebody’s life that are private”.

    I am putting this explanation up in my terms-of-use page.