FAQ’S

Rip-off by publisher?
What can the artist do?

Situation: There is a painter who also sometimes publishes work on post cards, etc. A publisher's client is a large retailer who has used these images on various knick-knacks manufactured and sold by them. Unfortunately, they did this without permission or the artist's knowledge until noticed by the artist that the items were for sale in a particular store. Apparently, this has been going on for some time. Any credit that may have appeared on the original artwork had been removed. Now the manufacturer is saying that line has been discontinued but it is still an obvious violation of copyright law.

There is a copyright violation. Did the artist get any samples of the pirated work when in the store? It might be handy down the road.

It is recommended that the artist join both CARFAC BC (See our membership page) and the CARFAC Copyright Collective. The Collective will negotiate licenses or fees on behalf of members at no charge. It also offers a low-cost design registration service.

It's also possible that in a situation like this artist?s, the Copyright Collective Administrator might write a letter to the retailer on the artist?s behalf, which might lead to some kind of compensation. Legal action can be costly, so it's worth trying a low-key approach first.

This page is continually under construction.

Disclaimer: CARFAC BC is an organization run by volunteers, in essence, artists working for artists. These Frequently Asked Questions are produced by CARFAC BC as an informational service to provide a summary of issues of interest to practising visual artists. They are intended to be used as guidelines, not to replace professional advice, which may be required before taking action. CARFAC BC cannot assume liability for problems that may arise from their use or for any errors or omissions contained herein. Views expressed on this site are not necessarily those of CARFAC BC.