All about respect?
In January, I put up a post entitled Being Dion Chang, where I showed a pencil drawing and this screenprint and machine embroidery I’d made from a photo of the local style and fashion guy, Dion Chang. Neither of these is for sale, and it’s clear from my post that I just did it for fun.
Today I got a comment from Dion Chang’s agent, warning me that she is “watching” my blog and “the usage of [Dion’s] image”.
We have corresponded over the matter, and his agent tells me that she believes that as this blog is a public forum, I should have asked permission to post my interpretation of a photo of her client on my blog. She seems to feel that, even if I am not selling anything with Dion Chang’s image on it, I have shown disrespect towards her client by publishing about him on my blog.
I’d really appreciate comment on this from other bloggers out there. I feel pretty upset by her reaction, but perhaps I have done the wrong thing?
Anyway, I’ve asked Dion Chang’s agent to show the pic to her client, and if he likes the embroidery, I’ll send it to him.
Chris
Oh, for heaven’s sake. The agent can do nothing, legally or morally, and you should tell her to get lost. As someone who deals with this all the time, I can assure you she has no legal recourse. And I’ll bet Chang himself couldn’t care less.
Jesse
I hope Mr Chang himself got permission from Herge’s estate – I’ve certainly seen that look before.
Seriously, though…
a quick google of copyright/publicity rights confirms that these only relate to selling merchandise, not to non-commercial use.
It’s great that Dion Chang might actually see the image – personally, I’d be flattered.
freelisa
I agree that the agent doesn’t have a legal foot to stand on. She must be really bored.
I would think Mr. Chang should be flattered. Obviously he should be aware that he is an icon of sorts. Icons tend to be paid homage to. Ive seen sooo many artists on etsy, for example, that turn pictures of celebs into screenprinted tees and paintings with no issues. The closest thing to copyright issues here would be with the photographer or the owner to the rights of the photo you used to create the image. However since you are not selling it- there is absolutely nothing you have done wrong or even done in a gray area.
love the embroidery, by the way.
freelisa
I agree that the agent doesn’t have a legal foot to stand on. She must be really bored.
I would think Mr. Chang should be flattered. Obviously he should be aware that he is an icon of sorts. Icons tend to be paid homage to. Ive seen sooo many artists on etsy, for example, that turn pictures of celebs into screenprinted tees and paintings with no issues. The closest thing to copyright issues here would be with the photographer or the owner to the rights of the photo you used to create the image. However since you are not selling it- there is absolutely nothing you have done wrong or even done in a gray area.
love the embroidery, by the way.
Chris
If you want some Chang skinner, check out http://www.women24.com/Women24/Glamour/Fashion/Article/0,,1-6-8-163_12848,00.html
The M&G are doing a story on this, this Friday.
Anonymous
Good grief! This world is crazy! You would think that Mr Chang would like his name mentioned. Free publicity. It’s not like you did anything rude or negative. This agent should get a life!
Spray Glue
Let’s talk about reactions shall we or maybe over reactions? Yes I agree that a blog is in the public domain and can be a forum for people to express their opinions on people they like or dislike. There are blogs that hate Britney Spears and blogs that lover her. I think Mr. Chang, with all the due respect he deserves, should see any publicity as good publicity. Especially because most hits on our blogs are from the USA and I think that for any South African “celebrity” to get exposed to those markets should be grateful.
South Africans get over ourselves! I thought the sketches etc were really great and would have no negative effects for our beloved Mr. Chang.
Gary*
katastrophik
It’s so sad that homage is a lost concept.
The embroidery AWESOME and I do believe Mr. Chang would love it.
Rachel
http://www.templetons.com/brad/copymyths.html
I’ve found the above site to be helpful in understanding [trying to understand] copyright laws. Hope it helps you out. [I know you are not in the U.S. so it might be different in your country.]
Hope it all works out.
sugarloop©
how ironic…i thought agents go by the motto that, “any publicity is good publicity”?
your own interpretation of a subject is just that…your own.
karen c
disrespect?? How is your great/fun interpretation disrespectful?…sheesh
De Crocketagne
I am a photographer who sometimes works for magazines.
If an arb published shot(Leon Wang, for eg.) of mine were to be used as the source for another similar image I would probably be a bit pissed because that is my nature and photographers in SA who work for magazines get shafted 24/7. Copy what? The magazine owns the picture.
Next I would consider the potential of the secondary version to earn dough. Clearly there is no greed woven into this instance. I would definitely not waste valuable bath on the tapestry of Mr Wang.
If the copied shot were a favorite, earning, I would call my oldman, sometime judge, and request that he launch a volley of SAMs. Works every time.
Fickle huh?
Heather Moore
Thanks for all the comments. I appreciate hearing your opinions. Thanks especially to Jesse for all her research into copyright and blogging.
susan
does dion chang know he has such a dipsh*t for a publicist? seriously, she has no right to do that.
also– I don’t know who dion chang is, and now, knowing he’s associated with idiots like that, I don’t WANT to know.
but I like your piece– and I’d like it no matter who it was of. I’d buy it, but I don’t want to have a publicist staking out my house.