Originally published by Peggy Keene.
Learning from Artist Jödicke and Copyright Infringement in Social Media
Artist Jonas Jödicke recently found himself in a social media firestorm after confronting musical artist Aaron Carter on Twitter over Carter’s alleged unauthorized use of his artwork.
In this blog we have written at length about the struggles between artists and copyright infringement, such as an artist’s struggle against copyright infringers that recreated her work in other mediums. [View “Cease-and-Desist Letters are Important Tools in an Artist’s Arsenal”.] This post will discuss the part social media plays, why inaction can be detrimental, and the legal options artists have against copyright infringement of their works.
Jödicke Used Social Media as a Means of Copyright Policing
What we see between Jödicke and Carter is a common scenario: lesser known artist takes on more well-known celebrity over alleged copyright infringement. But because the more famous artist has (arguably) more clout, the alleged infringement is dismissed by the more famous artist. In this case, Aaron Carter has 626,000+ followers and the enviable “verified” checkmark by his name while Jödicke has 34,000+ followers without the checkmark.
Similar battles of artist versus quasi-celebrity have also appeared on other social media platforms. For instance, Naomie Olindo, a reality television starlet that appears on Bravo’s show “Southern Charm” was called out on Instagram over copyright infringement by artist Nick Rypkema over a mural that Olindo painted in her restaurant Saltwater Cowboys. Rypkema claims that Olindo blatantly copied his work, using the same subject matter and color palette, essentially recreating his work without his authorization.
What happened between Carter/Jödicke and Olindo/Rypkema was basically the same: the lesser known artists call out the “celebrity,” and the celebrities basically respond by saying the artists should be grateful for the free publicity. And to be fair, it is not hard to believe that both the celebrities were unaware of the true source of the artworks in question, as both Carter and Olindo originally claimed when confronted by the original creators of the works.
How Social Media Plays a Part in Whether Artists Fully Assert Their Rights
In these cases, the Internet and social media play an important part, affecting the artists both positively and negatively. While artists like Jödicke and Rypkema undoubtedly enjoy increased reach for their works, the Internet also makes it easier for sharing of the works to result in lack of proper attribution of their works and copyright infringement. And while these social media fights spring up over unauthorized copying of their works, it would be naïve to ignore the fact that both Jödicke and Rypkema have gained followers and some amount of fame from these disputes.
And while the artists have taken the celebrities to task via Twitter and Instagram, they can go one step further. Simply relying on “calling out” unauthorized use of their works via social media platforms is not enough.
Not Taking Action on Known Infringement Could Cause a Loss of Rights
In an interview with Forbes, Jödicke says he has become “numb” to copyright infringement because it happens so often. In fact, Jödicke actually mentions that he walked away from an earlier dispute that he had with Madonna, over unauthorized use, simply because he did not want the drama. And looking back, he acknowledges that this was a mistake because he believes it allows celebrities to ignore the rights of artists.
While that’s a valid point on its own, experienced legal counsel might advise that artists walking away from ownership and rights disputes could be considered by a court as giving up the rights to such works. Therefore, it is important that artists understand their options for enforcement of their intellectual property rights in their works, to make informed decisions on what type of action to take when infringement occurs.
Understanding IP Rights and When to Obtain Legal Counsel
Artists like Jödicke and Rypkema should consider consulting with or retaining legal counsel. Copyright attorneys can help educate artists about intellectual property rights and can assist with creating monitoring programs for unauthorized use. Moreover, legal counsel can send cease and desist letters to third party infringers at a moment’s notice, with more authority than what’s received with a mere calling out on social media.
While Carter laughed off the dispute with Jödicke by telling Jödicke that he would see him in “small claims court,” such dismissal by Carter could prove to be a mistake. Carter appears to have used the work of Jödicke to promote his merchandise store. As this store was promoted online and engages in electronic sales all over the United States, it is not a stretch to believe that Carter could face claims under federal law.
As both technology in social media and the copyright laws change, it’s important to understand what’s needed to be prepared for protecting IP rights. For example, it has recently become a requirement that before a copyright claim can be made in federal court, the subject work must have federal copyright registration protection. So, artists with repeat infringement issues should consider copyright registration protection of at least their most important works.
Key Takeaways from the Jödicke Story and Copyright Infringement in Social Media
Artists that experience repeat unauthorized use of their works should not rely on merely policing their works via social media. Instead, artists should be aware of their intellectual property rights and have an understanding of the legal options they can take, such as:
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rights granted by U.S. copyright registration;
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cease-and-desist letters on attorney letterhead;
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experienced legal counsel that can provide advice and assist with monitoring and enforcement; and
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intellectual property counsel to represent them in litigation.
software & copyrights
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