Online copyright infringement is a growing concern for visual artists. The fact is, anytime you put your art online, it’s at risk of being copied or stolen.

Even though my work has been infringed upon many times, I still believe the benefits of sharing art online outweigh the risks. Fortunately, there are ways to minimize exposure. Here’s an interesting story of how I once stopped a copycat artist on Facebook, or so I thought!

How I Stopped a Copycat Artist on Facebook (Or so I thought!)

One day on Facebook, I was reading some flattering comments about one of my paintings from a Facebook “friend” who called himself Beni Mellal from Mexico. Out of curiosity, I decided to check out Beni’s paintings.

copyright infringement, copyright law, art law, facebook art

Much to my surprise, shock, and horror, I realized that Beni was a copycat artist — stealing my work!

His painting album proudly displayed exact copies of my original oil paintings, complete with his own signature in the lower left-hand corner. To make matters worse, his followers were leaving glowing comments, praising his “beautiful artwork.”

Below is my original painting, and above is the copycat version by “Beni Mellal”:

Below is my original painting, and above is the finished copycat version signed, “Beni Mellal”…

“On Edge,” ©2007 Lori McNee

and here’s another example…

Hummingbird & White Orchids ©2010 LMcNee
“Hummingbird & White Orchids,” ©2009 Lori McNee

…and yet another copy by Beni.flying hummingbird and orchids with vase still life

The Shock and the Plan

Once the initial shock wore off, I decided to take action. I’m not a lawyer nor well-versed in art law, so I reached out to several respected artists and art bloggers for advice.

My artist friend Marc Hanson was the first to respond:

“You know he’s doing those for sale. That setup is caked with paint — I bet he turns these out, frames ’em up, and sells them immediately. He’s a worker, a factory from the looks of it.
I’d go public — post this on Facebook and your blog. Then write about it and ask other artists to share their experiences. Take a bite out of these folks.”

How I stopped the Copycat Artist

Here’s what I did next:

  1. Downloaded the incriminating images from Beni’s Facebook album.
  2. Went public with a Facebook post titled “Beware of Copycat Artist!” The title and images grabbed the art community’s attention and sparked a lively conversation.
  3. Encouraged discussion — the comments were fascinating, helpful, and educational. (You can read many of them in the original post.)

A few memorable comments:

  • James Baldwin: “Isn’t Beni Mellal a city in Morocco? Maybe this guy is using a pseudonym.”
  • Steve Farrow: “He’s from Morocco. He signs his work ‘Boukhani.’”
  • Ted W. Bishop: “There’s some HTML code that prevents right-click copying. Doesn’t solve everything, but it helps.”
  • Chantal Desharnais: “A watermark can be easily removed in Photoshop.”
  1. Reported him to Facebook’s Help Center and filled out their copyright infringement form.
    (Today it’s even easier to register and protect your artwork online!)

What I Learned About Copyright Law

Shortly after, Clint Watson from Fine Art Views contacted me. I mentioned this situation, saying:

“This is one reason some artists still fear putting their work online — they’re afraid of theft.”

Clint later published an article inspired by our conversation titled “Don’t Fear the Copycat.”

He also suggested I speak with art law expert Bill Frazer, which I did. Here’s what Bill shared:

  • Once an original piece of art is completed, it’s automatically protected under the current copyright treaty law.
  • Always sign your artwork with your name, the copyright symbol, and the year — for example, ©2010 Lori McNee.
  • Include copyright information on or below any published image of your artwork online.
  • Upload only low-resolution images (72 dpi) to the internet.
  • Add copyright information on each page of your website or blog.
  • You don’t need to formally register a painting to be protected — but you can’t pursue legal damages unless it’s officially registered.
  • Watermarks can deter casual theft, though serious infringers can remove them.
  • Filing a lawsuit can be expensive and time-consuming.
  • The U.S. Customs Office helps stop large-scale art plagiarists operating overseas.
  • You can even register your artwork after a copyright has been infringed.

For more information, Bill recommends visiting the U.S. Copyright Office or contacting him directly at artlaw@mtintouch.net.

The Outcome

The next day, “Beni Mellal” vanished from Facebook! So, thank you to all the artists and friends who helped shut down this copycat, at least for now.

“Taking something from one man and making it worse is plagiarism.”

~George A. Moore

Or maybe I should coin a new phrase:

“Plagiarism is the sincerest form of flattery.” 😉

PS:

Be sure to read the helpful and professional comments on this article for more insight into copyright protection.

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