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ART SERVICES
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Anti-Piracy
Material for Art Fair Artists
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Our
Anti-Piracy materials may be printed and used freely by exhibiting artists and
by art show organizers. All other
uses are restricted; contact ARTandJUNK.com to negotiate. Copyright 2007. |
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ART
FAIR “NO PHOTOGRAPHY” SYMBOL PLUS RULES & DISCLAIMER SIGNS. FREE DOWNLOAD
AND PRINT (PDF FILE) FOR ARTISTS AND EVENT-ORGANIZERS.
PDF
SIGN, NO PHOTOGRAPHY, ENGLISH TEXT ONLY WITH SYMBOLS
PDF
SIGN, NO PHOTOGRAPHY, ENGLISH WITH CHINESE Note:
most design-piracy factories are located in China and Taiwan, however, the
use of Chinese script in the sign is considered “politically incorrect” by
some. Use at your own risk. WHAT
IS THIS FOR? THE PROBLEM Artists: has it happened to you? You’re exhibiting at an art fair, someone snaps a photo of your artwork and hurries away without talking to you and without taking a business card –so obviously no interest in actually buying your wares later. Not from the press either; they would have collected your name and contact information. What just happened? Often enough, it is a random act, but with increasing frequency –ESPECIALLY AT TOP NATIONAL SHOWS– your designs are being photographed for use by a factory for later mass production. Mostly
overseas, these factories have the capability to design their own work or to
surf the web for inspiration, but they don’t have a direct feel on the pulse
of what is selling this season in major markets. Well, that’s where (likely unknowingly) you come in. Artists who have been juried into a top
art fair and who can afford to pay the $200-$700 fee to set up a tent
outdoors ~must~ be selling enough of their designs to be a financial success
at least to some degree. These are
the designs that the copyright-pirate factories want to replicate for
mass-production. Many
artists have been driven out of business by such underhanded activity. “I know a fellow who spent over $20,000
on lawyers and court costs fighting those guys….he’s out of business now,”
said a long-time traveling artist exhibiting in Portsmouth, VA in 2007. At the 2007 Boardwalk show in Virginia
Beach, VA, a potter said, “I can go into any Pier One sort of store and find
artwork by artists I know, except it wasn’t made by those artists –it is
factory made….one of my original designs got stolen too; I don’t make it
anymore.” Lead-tainted toys,
“knockoff” designer goods, poisonous pet food, questionable pills, and
counterfeit watches aren’t the only tainted goods coming out of China’s
sweatshops. COPYRIGHT-PIRATE
METHODS OBSERVED Digital
cameras, cel-cams, and video cameras are the usual tools –the better to email
the results back to China, Taiwan, or Mexico. Art fairs most likely to be pirated are outdoor shows in major
market areas without a fixed point-of-entry (beachside art shows, urban
parks, and other sites where public access from multiple directions is
easy). Fenced shows where visitor
bags are screened are less likely targets.
Indoor shows with restricted access (bag checks and limited entry
points) are least likely. Indoor
shows with unregulated access however (mall shows for instance) are more like
the beach and public park shows in their vulnerability. Anyone
credentialed as event staff is certainly photographing only for event
documentary or promotional purposes.
A civilian who actually asks permission to snap a photo is often not
considered suspicious. Someone
talking on a cel phone about your work and then snapping a cel-cam photo
might even be getting their distant partner’s approval for a purchase. Obviously one must be judicious when
deciding whether or not to object to the photography. Suspicious
activity includes anyone not-credentialed as event staff photographing your
artwork –especially if never stopping
to ask permission, never taking business cards, or not talking with artists. Not-getting artist contact info is a
giveaway that the person does not mean to buy your artwork (sure it could be
an odd personal hobby, but it smells like pirate-photography). A family group uninterested in images of
family members or in the local scenery –just focusing on artwork products
only– is suspicious; the technique has been used before. Some pirate-photographers will snap every
tent (except of course the food vendors and the info tents) while others paid
by media-specific factories will only shoot the paintings and flat media –or
perhaps only ceramics, only glass, or only jewelry. Legitimate
news media photographers would at least get your name (unless taking a
wide-shot of the overall crowd rather than photographing artwork on
exhibit). One suspicious man was
observed wearing a newspaper-logo golf shirt and a generic photo ID card
neckbadge at a 2007 costal Virginia art fair. An artist’s spouse (who happens to work in the news media)
recognized the ID as non-standard and also had seen similar shirts available
as premiums for newspaper subscribers.
When questioned, the “news” photographer admitted that he was not
working for the news and shortly afterward hastily excused himself from the
venue. Until then, the photographer
was often greeted with smiles, waves, and peace-signs from unsuspecting
artists who were perhaps pleased that they’d be in for some “publicity”. Maybe not the sort of publicity they
expected. Copyright-pirate
photographers often appear as a team.
One partner can partly screen the boothkeeper’s view of the cameraholder
and can also look ahead for possible trouble while the photographer’s eye is
busy with the viewfinder. Also,
having a partner makes for easier intimidation if the (usually lone)
boothkeeper decides to confront. Use
of family and children has been observed.
The practice harkens back to the documented cases of itinerant
pickpockets in Europe who train their children in the techniques. The kids steal until caught, then a
parent (observing from a distance) suddenly appears on-scene and roughly
scolds the child while promising the duped tourist that severe punishment
awaits at home (of course, it actually doesn’t). In the unlikely even that police are summoned, the child is
too young for any substantive official response. At a top US oceanside art fair, exhibitors saw a phalanx of
stern adults (perhaps mom, dad, and an uncle) striding along right outside
artists’ tents –effectively wedging other viewers out of the way of the
approaching camera. Following closely
were three children –one holding a video camera and the others seeming to
keep watch. Another adult brought up
the rear. It would have been strange
“family vacation” footage: no beach, no seagulls, no family –just a rolling
close-up on the hot products at the popular art fair. Reluctance
–especially angry reluctance– to delete images taken without your permission
is the biggest red flag of all. A
typical innocent civilian will just meekly comply. Pirate-photographers often haughtily claim First Amendment
privileges, say that this is public property, suddenly “forget” how their own
camera’s delete function works, or just challenge you to “make me” delete
them. TYPICAL
RESPONSES Beginners
often do nothing. Well, it’s easy
–and what’s to lose if a foreign factory mass-produces your work? Those with more experience and with
higher market value however often bristle at the thought. For
the most part, notifying event organizers is pointless. They’re busy. They don’t know the problem exists. Those who do know have a vested interest in denial: keeps
their job easier, keeps them out of possible legal snags (what IF your design
WERE someday actually courtroom-proven to be stolen and maybe the show knew
about the problem and failed to do anything about it: possible liability –better to “have no
idea”). Notifying
event volunteers is especially vexing.
Older volunteers will likely say they know nothing about today’s
computer gadgets. Young volunteers
will be too busy using today’s computer gadgets to want to deal with
your interruption –they want to get back to texting their friends and
downloading more i-music. Either
way, your volunteer will either say, “uh I don’t think we can do anything
about that” or, “I don’t know about that –let me find (whatever name) and
ask.” If this next person is found,
the cycle repeats –or the next person will refer you to an event
organizer. From there, see the part
above about event-organizers.
Pointless. Maybe save such
comments for written follow-up after the show. SUGGESTED
RESPONSES Print
out some of the signs which are available at the top of this page. There is no charge for exhibiting artists
or for art fair staff to print and use the signs. Make more for your exhibitor-neighbors at the show or for
exhibitors who ask about the posted signs.
You certainly could print a few extras to give to the organizers to
post at the show entry points (odds are they’ll decline, but it is worth a
try). Don’t
roll over if a suspected pirate-photographer cites the First Amendment or
public places. It may indeed be a
temporarily-closed city street or public beach border you’re showing on, but
almost always the “public” land is temporarily rented by private-sector show
organizers (or at least by a municipal sub-department) and THEIR rules apply
during the show. (Like notice how
show visitors had to pay $6 to walk in to the art fair? Not usually a toll-street, is it? The show’s rules apply while the show is
renting the public land.) Further,
YOU are renting the 10x10 boothspace from the show organizers; to the extent
that you post and apply them, some of YOUR rules apply to your space. You post a “no photography” sign with
reasonable conditions, and many jurisdictions will support your
no-photography assertions. Organize. Talk up the issue with your exhibitor
neighbors. Those who are already
aware and concerned will likely appreciate an extra set of eyes watching
their goods (and vice versa) when in need of a break or just whenever
throughout the show. Those who were previously-uninformed might
appreciate the tip. Informed
exhibitors can approach suspicious photographers together. Until event-organizers actually do get
serious about artists’ rights, unity (at least among neighbors) makes
for a much better defense. Practice
mentally. Confrontation is stressful. Train for it. Remember, it isn’t like you’re going to lose a sale. Those photographing every tent and taking
no business cards for later follow-up contact just aren’t there to buy your
art. What will you say? Will you even distract yourself with
whatever verbal objections a pirate-photographer throws at you to save
himself –or will you first see that the images of your items are deleted and
then discuss legal fine points afterward –if you feel like it? Would you grasp the camera strap? Would you say that you’ll need to see the
images of your artwork deleted; you can read this sign if you like, but the
pictures have to go? Will you get
into a verbal power struggle? After
all, a real pirate-photographer will NEVER say “oh yes quite right, I
actually AM getting paid a hundred bucks to get pictures I can e-mail to a
factory.” Not going to happen. They’ll say it is a personal hobby,
they’ll cite freedom of expression, they’ll fuss, they won’t admit a thing. Actual innocent civilians will usually
comply straight away. Its
your call. Either
way, without a “no photography” sign, you’d likely have less of a basis to
argue. Print it, share it, inform,
organize, and be vigilant. THE SIGN TEXT NO
PHOTOGRAPHY NO
PHOTOS, NO VIDEO OF ARTWORK WITHOUT ATTENDANT'S PERMISSION ATTEMPTING
TO PHOTOGRAPH ARTWORK WITHOUT ATTENDANT'S PERMISSION : 1)
SHALL CONSTITUTE PRIMA FACIA EVIDENCE OF CONSPIRACY TO ENGAGE IN COPYRIGHT
PIRACY AND MAY BE SUBJECT TO LEGAL OR CIVIL PROSECUTION; 2)
SHALL CONSTITUTE PERMISSION TO SURRENDER THE IMAGE/S BY REVIEW AND DELETION,
BY EXPOSING FILM, OR BY SURRENDERING THE CAMERA; 3)
SHALL CONSTITUTE PERMISSION TO PROVIDE IDENTIFICATION TO ATTENDANT. DOES
NOT APPLY TO EVENT STAFF, SECURITY, OR TO CREDENTIALED NEWS MEDIA ON
ASSIGNMENT. Sign
courtesy of ARTandJUNK.com art show artists' anti-piracy
services. Distribute freely.
ARTandJUNK.com disclaims liability from use of the sign. END SIGN TEXT Note:
free-distribution of the sign and/or the sign’s original images is intended
only for exhibiting artists and for event-organizers. Commercial printing and/or use in part
or in whole in ways meant to be sold is not authorized and may be subject to
legal action. Those wishing to sell the
sign in any form must negotiate with authorized ARTandJUNK.com agent/s for terms. |
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