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FIB - Scams 101 - Ye Olde Archives
Posted By: Mel. White <cyberwizard@spamcop.net> In Response To: Okay, I'm doing better now.... found "baby picking nose" (MaaMaw)
Friday, 31 December 2004, at 11:50 a.m.
> I found a bunch of "my" pictures at Clipart.com -- a
> subscription service like ArtToday was. (But maybe ArtToday got them from
> Clipart, maybe they aren't all there, I dunno.)
Or vice-versa. There's no telling.
> I'm going to have to contact them -- but can someone please tell me how
> these subscription services work?
You're not going to like this: It depends on what licensing agreement the artist signed with the image archive. I won't go into the ghastly details, but I got involved with one of these things where the company got sold to ANOTHER company, changed the terms, lawsuits ensued, etc, etc. My original contract said that the company would promote the art as "for your own private use. You can print it out, etc, but it's not for web/book use."
Me and a buncha other artists.
We were not happy with the new licensing agreement at all.
This is why I have been encouraging you to contact/contract your own artist. When you get it from the artist, THEY get the money up front and there's no hassles. If you want to use it for something else, you contact them and do a simple licensing agreement (my last one that I did (to a very small company where the sales probably wouldn't be THAT high) consisted of "sure! Use the art! Make me a tee shirt with the art on it, okay, and I'll vett your use of the art for 5 years." Win-win situation all around, there.)
> I kept my membership for years because I figured I had to be a member in
> order to continue using MaaMaw -- then I realized no, that wasn't true,
> because you could get a membership as short as a day or a week. Obviously
> you had to be a member to **GET** the images but not to keep using them.
> Is that right, as far as anybody knows?
That's correct.
> And what if you get them from a company that's licensed to provide them
> but they belonged to someone else originally, and now the company is gone?
We artists get it in the shorts. I know ALL about this one. Oh boy. In spades and lawsuits, do I know about this one. The real winners were the companies and the folks who used our art without our permission.
(I don't talk about it much, here, but I've done work for 6 or so comic book companies, worked as an illustrator for ebooks and tiny magazines and gaming companies. It's money, but it's not a lot of money and it's a very competitive market.)
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