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Saanich artist needs to brush up on copyright law

Artist will pay out $10,000 after turning photos into digital paintings
8332102_web1_Chairs-at-McNeill-Bay
Chairs at McNeill Bay, a digital painting and photo by Suzanne Heron.

A Saanich artist is facing heated criticism for a copyright infringement that she called B次元官网网址渁 dumb mistake.B次元官网网址

Since 2011, Suzanne Heron has turned photographs into digital paintings and sold them on her website Blue Heron Art ().

But last month Heron had two of her paintings removed from the Sooke Fine Arts Show because she didnB次元官网网址檛 have permission to use the photos they were based on. One was a photo by Janis Morrison of Sidney, a serious amateur who posts her work on .

Here is the adapted version, a digital painting by Heron.

Saanich artist needs to brush up on copyright law

It was a fan of MorrisonB次元官网网址檚 who recognized her image at the Sooke Fine Arts Show and alerted Morrison it was being sold without any photo credit.

B次元官网网址淚tB次元官网网址檚 important for people to know they canB次元官网网址檛 just go online and steal pictures,B次元官网网址 Morrison said. B次元官网网址淢aybe a lot of people donB次元官网网址檛 know these rules and it will be good for people to see this.B次元官网网址

During the fallout, dozens piled on to HeronB次元官网网址檚 to share their criticism, a series of B次元官网网址渉ateful, uninformed, vitriolic and public commentary that could be quite damaging,B次元官网网址 and unlike anything sheB次元官网网址檚 ever seen before.

The problem stemmed from a total of seven photographs which Heron based her paintings on and, thinking she had permission, posted them for sale on her website, some of those entering the Sooke Fine Arts Show.

B次元官网网址淚B次元官网网址檓 happy to try and be really clear,B次元官网网址 Heron said. B次元官网网址淢y transgression, and it absolutely was a transgression, was not intentional or malicious, but it was dumb and IB次元官网网址檝e learned a great deal. My focus now is on ensuring complete compensation for everybody.B次元官网网址

ItB次元官网网址檚 a lesson learned she said.

B次元官网网址淭he photographers [who own the photos] have been professional and courteous and understanding,B次元官网网址 she said, adding none of the people posting criticisms on social media are actually involved.

Paintings have been removed from her site and she is forwarding 100 per cent of the revenues made on the paintings to the rightful owners, she said.

ItB次元官网网址檚 going to cost her somewhere around $10,000. That includes revenue and her out-of-pocket expenses. B次元官网网址淓ach person is anywhere from under $1,000 to under $5,000.B次元官网网址

In the wake of the incident Heron has educated herself on copyright material, including a long conversation with a photographer from the board of the Canadian Association of Professional Image Creators (CAPIC).

In six years, HeronB次元官网网址檚 produced more than 1,000 of her own digital paintings and the copyright infringement applies to seven, she said.

In two cases, she found nature photos online that were unattributed and used them. That was also a mistake, as they were reposted from magazines, including one from National Geographic. SheB次元官网网址檚 since been in touch with both rights holders, she said.

From her site, Heron has sold art calendars and digital paintings, which are mostly based on her own photos since 2011. Since 2012 sheB次元官网网址檚 made a scenic West Coast calendar for Victoria of her digital paintings. The photos are mostly hers and she has permission to use those that are not. SheB次元官网网址檚 done the same for the Okanangan and the Kootenays since 2013, and uses artists specific to that area with all rights secured, she said.

B次元官网网址淚n my head I had permission, but it was really dumb to assume,B次元官网网址 Heron said. B次元官网网址淚 had initial permission to create a digital photo for the calendar, and then I took that further without going back and checking with them.B次元官网网址

reporter@saanichnews.com





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