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2nd Trimester
tkmiraglia
member
I should be sleeping... (long)
tkmiraglia
member
right now, but instead I am up at 315 in the morning writing a post out for thebump.com. I had a pretty stressful day yesterday...I was super angry and frustrated. So, I am going to rant about it and hope that it gets it off my mind.
I am a massage therapist. Throughout the last two months, I've been trying to move my practice out of my house. This is difficult because the clients I have where I work are not mine. I signed a non solicitation agreement and I won't break it. So, I have been focusing on advertising here and there and word of mouth from family and friends.
I found the image I wanted to represent my home business. My sister in law drew it and she's a spectacular artist. So, I bought the drawing from her. I told her exactly what I planned on using it for. She had no stipulations for me at the time.
I made some posters and then used the image to create my own business cards and gift certificates. To do that, I did mess with the image. (I superimposed the image over itself a bunch of times; it turned out really good). I then dropped $50 on getting the business cards and gift certificates printed.
Fast forward to the day before yesterday, when my MIL comes over to talk to me. Apparently, my SIL had seen the poster and didn't like what I'd done to the image. And rather than email me, text me, message me on facebook...call me... or my husband for that matter... she calls her mother and asks her to put her "lawyer hat" on. And again...rather than contacting me or my husband, sends her mother to come talk to me.
I understand as an artist she has a right to protect her artwork. And I was fine with that. We removed the filter from the poster images so that her art was no longer effected. My business cards and gift certs...i guess I'll just have to throw out. But, then she was still not happy. She decided that I had to put her name on the bottom of my business cards, poster, and gift certificates so ppl know that its her drawing....
If it was such a big deal why didn't you sign your damn drawing? I'm not putting YOUR friggin name on the bottom of my business cards. I offered to let her sign the drawing and we would take a new jpeg of the image. But, she was it in text print. Again, I'm not putting YOUR name on the bottom of my business cards. You sold the image to me knowing full well what I was doing with it.
I'm even more angry because I've shown the posters and such off to people and they always ask about the artist and I give her so much freakin' press. I don't understand why she can't just be a freakin' adult and talk to me about it or you know, meet me halfway or something.
I finally told her forget it. I'll use it for my wall and not my business stuff if it was going to be such a problem. Then, she has the audacity to tell me that it's not her fault she just saw all of it, she's a full time graduate student and very busy. BUSY, B*TCH??!!!
I work full time, am trying to get TWO businesses and a craft fair up and running, and I'm 6 months pregnant! You don't see me b*tching about it. Suck it up. Do you think the real world is going give a flying F*** about how busy your life is when you get out of school and mommy and daddy stop paying for everything? Cuz it won't.
I'm so friggin' angry.
Licensed Massage Therapist and First Time Mom
This discussion has been closed.
Re: I should be sleeping... (long)
Not sleeping either!!
I am sorry this happened. I can't imagine any family member being upset about me using their art. I would be rather pissed. Especially if she gave it to you or you bought it. If they would have asked me to put her name on it I would have been pissed. Hey you gave me the art I used the art if you would like me not to use it fine I wont end of discussion. I will find another artist to make my business cards! Hopefully you can come up with a new design soon. Business cards can be simple so shouldn't be too hard, its a shame though that you had to spend 50 on it. Good luck starting business!
Sounds like she has a terrible memory...because from what I just read, she sold you the rights to that drawing for whatever amount. That's like your wedding photographer suing you because you turned one of the photos that you paid for into a black and white portrait or something. You're allowed to do that...why? Because you bought the rights.
I cannot believe she is being so freaking petty. I'd tell it where to stick her damn pencil and continue on. Don't throw them away because she's throwing a tantrum. You spent hard-earned money. She can go cry in a corner with her "whiny hat" on.
EDIT: Hello pregnancy hormones. I sound like a real witch.
That stinks! Another instance of why family and business dont mix. (I am saying that bc I am dealing wth family and business probs too so I feel your pain!)
I get that she doesn't want the image edited. When I purchase photos from my photographer, I have to sign her contract that I won't alter them or use them publicly. But your SIL gave you permission to use her image for publicity so I don't get why she is throwing a fit. And typing her name next to the image? Forget it, its your business you are advertising, not hers! She should have been an adult and talked to you about it. In the meantime, I would forget about it and move on without using her images. Her loss.
This. I don't see how she has any legal right to tell you what to do with the image. And she can't add stipulations after you purchased it.
Wow, your SIL sounds...special. She's never going to be able to build up a client list with behavior like that.
I guess you won't be mixing family with business again. She stinks.
Just lurking here, but as a photographer It's hard not to jump in
yes, you bought the artwork (or in this example the photo). This gives you the right to reproduce the image according to the contract of sale NOT the rights to edit the photo / image (yes technically even converting to B&W ... When a photographer converts to B&W it's not just a matter of clicking the button, the photo gets edited completely different to ensure the correct tones and contrasts. By editing them yourself you are misrepresenting the work of the photographer and potentially causing harm.). Those rights (owning and editing, etc.) still belong to the artist or originator unless it was explicitly written in the terms of the sale in the contract.
OP - it sounds like you purchased the artwork without a written contract, no? She knew your intentions ahead of time. Altering her work was overstepping the line, but you took the steps to fix that. As far as adding her name, I can understand wanting the credit; however, she should have worked that out with you prior to the sale since she knew your intentions. I think giving her the option to add her "watermark" and redoing it was a fair suggestion for things like business cards, letterhead, etc. For uses on a website or the like you could offer to give her written credit and even contact information.
good luck!