Yow.  Talk about disturbing.  Thank you for sharing this egregious
example.  I hope you were able to successfully expose and dispose of the
thief.



barrett klein
Department of Biology
University of Wisconsin - La Crosse
1725 State Street, La Crosse, WI
www.pupating.org

On Fri, Oct 2, 2015 at 10:20 PM, James A. Perkins <[log in to unmask]> wrote:

> Happy to oblige. I can't remember if attachments are allowed on this
> listserv, so I've posted it to the following link:
>
> http://people.rit.edu/japfaa/ripoff.jpg
>
> It's a simple illustration of the Hepatitis B virus. The image on the left
> is the original, which is posted to my website with my copyright notice. On
> the right is the infringing image with my copyright notice removed. It is
> rotated about 30 degrees counterclockwise and has a color filter or
> hue/saturation adjustment applied. Otherwise, it's clearly the identical
> image. It even has the exact same labels, verbatim (although they
> repositioned the labels and leader lines). The infringing "artist" even had
> the audacity to post it to a stock art website and license it as his own
> creation. The image you see is a screen shot from the stock website.
>
> By the way, this is a good example of the dangers of orphan works
> legislation. If someone got hold of the infringing image (with my copyright
> notice removed) they would never be able to trace it back to me, the
> rightful owner. Orphan works legislation would allow anyone to use my
> image, even for profit, assuming they conducted a "good faith" search to
> locate the rightful owner. They could even create derivatives of my work
> and I'd be powerless to stop them.
>
> Jim
>
>
>
> On 10/2/15 10:40 PM, "barrett klein" <[log in to unmask]> wrote:
>
> Dear James,
>
> I am intrigued by your extreme, personal tale of infringement.  Is there
> any way I could see your original and the product that stole it?
>
> cheers,
> barrett
>
> barrett klein
> Department of Biology
> University of Wisconsin - La Crosse
> 1725 State Street, La Crosse, WI
> www.pupating.org
>
> On Fri, Oct 2, 2015 at 9:26 PM, James A. Perkins <[log in to unmask]> wrote:
>
>> For decades, many art schools taught their students that there was a
>> magic formula, some percentage by which you could modify an existing piece
>> of artwork to make it your own and avoid copyright infringement.
>>
>> Unfortunately there is no such formula or percentage. If you think about
>> it, there's no way that such a formula could exist. What does it even mean
>> to say that an image has been changed by X percent? If I redraw half of
>> someone else's image, but leave the other half exactly the same, is that a
>> 50% change? If I take a digital image into Photoshop and change the colors
>> using Hue/Saturation, I can change the color of every pixel in the image,
>> even though the image looks basically the same. Is this a 100% change since
>> the value of every pixel has changed? (Side note - an infringer did
>> exactly that to one of my illustrations and claimed it as his own). There
>> simply is no way to define what is meant by changing an existing image by a
>> certain percentage.
>>
>> So how do you know if a new image infringes an existing image? There is
>> one fairly simple criterion you can use. If you can tell that the new image
>> was derived/redrawn from an existing image, it's infringement. In order to
>> avoid infringement, the new image must be created entirely from scratch and
>> there should be a paper trail (background research, other references,
>> sketches) to prove it. You can never simply redraw an existing image and
>> claim the new image as your own. You must create something original. You
>> may use the existing image as a reference, but it should never be the ONLY
>> reference.
>>
>> Jim
>>
>>
>> James A. Perkins, MFA, CMI, FAMI
>> Professor and Graduate Director
>> Medical Illlustration
>> Rochester Institute of Technology
>>
>> Sent from my iPad
>>
>> On Oct 2, 2015, at 5:58 PM, Jorge A. Santiago-Blay <[log in to unmask]>
>> wrote:
>>
>> Dear Entomo-Listers
>>
>> When authors send me papers for publication, I try to remember to remind
>> them to ask permission to reproduce images from the owner of the copyright.
>> Whether non-human or human entities, an email is generally all it takes to
>> say "yes". Yet, sometimes money needs to be transacted or the reply is "no"
>> or no reply at all is available.
>>
>> My question is, if one cannot get permission, how different does the new
>> image have to be to be considered as "different" from the previously
>> published one and be free from the concerns of copyright violations.
>>
>> Your anecdotes (whether personal or from someone else) as well as
>> constructive suggestions,will be welcomed. Please send them directly to me
>> at:
>>
>> [log in to unmask]
>>
>> Apologies for potential duplicate emails.
>>
>> Sincerely,
>>
>> Jorge
>>
>> Jorge A. Santiago-Blay, PhD
>> blaypublishers.com
>>
>> 1. Positive experiences for authors of papers published in *LEB*
>> http://blaypublishers.com/testimonials/
>>
>> 2. Free examples of papers published in *LEB*:
>> http://blaypublishers.com/category/previous-issues/.
>>
>> 3. *Guidelines for Authors* and page charges of *LEB*:
>> http://blaypublishers.com/archives/ *.*
>>
>> 4. Want to subscribe to *LEB*? http://blaypublishers.com/subscriptions/
>>
>>
>> http://blayjorge.wordpress.com/
>> http://paleobiology.si.edu/staff/individuals/santiagoblay.cfm
>>
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