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Re: Use of paleoart in scientific publications.

Mr. Paul,

Please, read the copyright statements - usually, all rights are
transferred to either the publisher or a society. Take, e.g., your own
paper in Cretaceous Research on iguanodont taxonomy: (c) is with
Elsevier, not you. Your 1984 JVP segnoaurs paper? (c) SVP, not you.
There are ways to retain copyright, and journals are usually willing
to let you keep it for illustrations, if you give a reason.

So before making absurd demands and lecturing people on copyrights,
check up on what you did when you signed your agreement with your
publishers. Either they screwed you and forgot to put a notice in that
you retain copyright, or you do not hold copyright to the published(!)
version of the figures.

I understand that you hate to have your way of making a living
targeted by thieves, but the broad demands you make, such as
copyrighting a pose, are just megalomaniac. And this wholesale
approach of your makes your demands sound like a desperate attempt to
grab money. [sarcasm] However, the quality of your "reconstructions"
is not what you claim it is - maybe you CAN actually get a copyright
on the "crushed-ankle" posture? That one, at least is original, and
one certainly never adopted by any dinosaur. [/sarcasm]

Another point: I tried to talk to you about your drawings, twice, in
person, at meetings. Both times you were highly impolite, snubbing me,
in once case actually turning away from me without a word when I
merely said "Good day Mr. Paul! Nice to meet you, I'd like to talk to
you about your drawings of Plateosaurus". I was quite willing to ask
you - despite you no longer holding copyrights - about re-using your
figures. Would have saved me a lot of trouble re-drawing them from the
publications. But your total lack of social skills at these occasions
stopped me from giving you any courtesy. I could have gone to the
various publishers of your Plateosaurus sketches - instead, I decided
to use the legal loophole of "re-drawing" - but then, I didn't intend
to (nor did I ever do) make money off your work.

Heinrich Mallison

On Sat, Mar 12, 2011 at 4:06 PM,  <GSP1954@aol.com> wrote:
> Let's be clear about something. If someone wants to directly use an image
> from a technical paper in their own technical paper then professional
> courtesy alone says first contact the person who owns the rights. That many 
> may not
> object that others use their illustrations for such purposes in subsequent
> papers does not means it is OK to assume that the image owner does not
> object. You might be wrong. If the image owner is fine with others using their
> image without permission (perhaps because they derive institutional income and
> don't care about income from their illustrations) is their business, that
> others are not fine with this (perhaps because they are self funded) is
> egually legit. The situation gets more complicated when using original images 
> to
> produce derivative illustrations for a new technical publication. Perhaps
> some criteria can be discussed and set up on a paleoart website. Or maybe
> there are already some rules detailed somewhere.
> A basic point I am trying to get across is that scientists who have access
> to grants should in the future be more alert to seeing that part of the
> grant funds can be used to acquire illustrations for the paper, including
> previously published images they wish to include. And while on the subject, 
> there
> is more advice about requesting to use someones art for a technical paper
> when such money is available.
> Say you do have some money to pay for images for your upcoming paper. Don't
> detail to the artist the images you are requesting and only tell her or him
> you have some nonspecific money (especially don't say you don't have much
> money without saying exactly how little, that just makes us artists groan).
> It can be awkward if when the artists replies with a cost estimate it turns
> out you don't have sufficient funds. Instead, tell the artist in the initial
> contact what you can offer for what are are requesting. Say you have a
> certain amount of money on hand that you can  and want a specific number of
> skeletal restorations. Then the artist can respond as they feel appropriate. 
> This
> process would be made much easier if a standard pricing list were available
> at a paleoart site. The site can also include a helpful section advising
> scientists on how to approach artists for images.
> G Paul</HTML>