I think that this is, perhaps, the best possible time for me to be writing about something semi-important. It's April Fool's Day. There's a lot going on in the HP fandom. Jokes. Pranks. Everything in honor of Fred and George Weasley. As such, it's more likely that I'll get a clickthru to my blog than I would on a normal day.
I've been working in website design and commercial art for some time. I didn't go to school for it. I don't have a degree. I do, however, have years of experience designing labels, brochures, flyers, ads, business cards, even plates that cut tortilla chips into shapes. My family owns two food manufacturing businesses. I've made my mark on the labels, boxes, and materials associated with their production. Prior to that, we had two stores for which I designed websites. I've created more websites in the past 8 years than I could begin to count. In any case, when taking on a new project I have a few places I go to find artwork. They are mainly collections of graphics found on CDs, in books, and in folders from my computer. All of these items are dubbed "royalty free," they can be used anywhere (although usually no more than five from a single source at the same time), on anything, without advertising for the artist, and they have all been paid for.
Using even the tiniest bit of clipart on an item you intend to sell or even just distribute as "your own" is art theft.
I'm sure there are a handful of "artists" out there thinking to themselves, "Even if I do use this clipart in my design, like the original artist is ever going to come across it!" Admittedly, you're all probably right, but if you're distributing to a niche market this outlook is not only naive but disrespectful. I'll explain shortly.
In addition to all that design crap I just mentioned, I occasionally take photos. I study photography. I try really hard to be better at composition, lighting, etc., everyday. I read about photography. I do research. It's serious business to me. It's a way of expressing myself as well as a way of learning more about the world around me. I have respect for the things I take pictures of. I want to honor them, to give them a place in the world where others can enjoy them as much as I do.
Consequently, I felt absolutely stunned and insulted when I discovered some of my photos being used on a website without my permission and without credit. They were photos of a "niche" market performer on a similarly "niche" market website. In other words, the market itself is small, and it seems as if everyone is familiar with everyone else's business. The market was, of course, wizard rock, and those are all the details I can provide you with at this time.
Whether you consider yourself to be a "professional" website or otherwise, using art or photos created by someone else without consent from the artist makes you disreputable. This includes stealing photos from people on Facebook and MySpace out of peoples' personal albums. Said photo needn't be "artistic" to be considered "art."
If you think people are just going to be okay with you're taking from them, or that they'll be honored that you've chosen their work, you're in for something else entirely.
I am as careful as I can possibly be when contacting photographers about using their images on the
Wizrocklopedia. I ask for written permission and be sure to inquire as to whether or not it's all right if we also put their work on
Flickr. Some of them have expressed a desire for their work to remain out of
our Flickr account. I obliged, no questions asked. We've had artists submit artwork to be considered for inclusion in our
Fanart,
Wallpaper, and
Avatars sections. I reply to all new inquiries with questions about permissions. It's responsible. It's respectful. This way I don't get angry emails, nasty comments, or surprise lawsuits.
There are a number of reasons for my writing about this, most of which cannot be disclosed at this time due to a lack of confirmation from certain parties. My main concern is for those in search of art who receive images from individuals that are guilty of copyright infringement. Wizard rockers, your album artwork and t-shirt designs could be among them. There is absolutely no harm or insult in asking an artist if their source files are royalty free or original. Anyone seeking art that they will eventually use on an object they intend to sell owes it to themselves to do so. If you are an "artist" guilty of art plagiarism, please consider changing your ways. Not only could it wind up being damaging to your career, but also to the careers of others.