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Re: [dinosaur] Regarding Art Theft

Thi is not an issue of copyright law, it's an issue of treating
creators of content ethically and with respect. If I create a digital
painting and publicize its availability online, that is in now way an
invitation to grab it, use it in a paper, and then put that paper
behind a paywall. What that publisher is doing is taking what is
essentially a product I had put online for sale and/or promotion of my
other art, claimed it as their own and charged for it. Even if the
original art was, by mistake or intentionally, re-uploaded and
modified as Creative Commons, to then charge for it as this journal is
doing is a clear violation of that license.

As you are clearly a proponent of open-source science, it is baffling
to me how you can defend what has happened here. I could sort of see
your argument if this was an open journal, but it's not, and they
didn't even bother to give the artist credit, let alone a cut of the
fee they're currently charging for his work.

--Matt Martyniuk

On Sat, Dec 3, 2016 at 7:46 PM, Ruben Safir <ruben@mrbrklyn.com> wrote:
> On 12/03/2016 07:25 PM, Matt Martyniuk wrote:
>> Artwork is not science, and unauthorized use of copyrighted original artwork 
>> has zero to do with the open science movement. Artists have every right to 
>> charge for their work or at least have the courtesy of being contacted 
>> before it is to be used to illustrate a paper in the scientific literature. 
>> To suggest that an artist should either open source their work or pull it 
>> from the internet, the implication being that if it's on the internet is 
>> should be free, is victim blaming and incredibly insulting. If these 
>> researchers wanted a life restoration for their paper they should have found 
>> an open source image, drawn it themselves, or paid for it.
>> --Matt Martyniuk
> You are philosophically and practically speaking WRONG, but again, this
> is not the correct venue for this conversation.  If you want to discuss
> the merits of copyright law, I'll discuss it with you all day long and
> make you look very silly, but it will have to be in an appropriate forum
> like on NYLXS or EFFs blog site etc ..
> He has a right to charge whatever he wants, BTW.  That is not a
> question.  The issue is if someone can my copies of works of art, and
> under what conditions.
> I'd say yes, they can copy the work in this case, especially when the
> work in question, a rather poorly developed and a poor copy, was posted
> ad hoc on an internet forum for feedback and discussion.  I'm surprised
> it was picked up by a copyright crazy journal without tracking down the
> artist for a cleaner and more developed copy, just to get a piece of
> quality work.  This goes with the idea that I can use the community for
> my private profits, but the article in question is strictly fee for view!
> Oye!
> https://urldefense.proofpoint.com/v2/url?u=https-3A__upload.wikimedia.org_wikipedia_commons_5_53_Rembrandt-5FHarmensz.-5Fvan-5FRijn-5F007.jpg&d=DgIC-g&c=clK7kQUTWtAVEOVIgvi0NU5BOUHhpN0H8p7CSfnc_gI&r=Ry_mO4IFaUmGof_Yl9MyZgecRCKHn5g4z1CYJgFW9SI&m=sc9qY6okwidxfDEto1RIKxfGjWBefkDU3YcuNncZyw0&s=SEnVF18GDujtfQWA6kA2Ej8iCzXILT47K-oi4QXoL7M&e=
> --
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