Showing posts with label art scams. Show all posts
Showing posts with label art scams. Show all posts

Thursday, January 9, 2014

Profiting from Copyright Infringement

The never-ending battle continues.

I have just filed four notices of copyright infringement with Youtube. The first notice has already resulted in the taking down of a copy of one of my plein air painting videos that had been uploaded to another account.

(UPDATE: Seven videos from three near-identical accounts. All copies now removed. UPDATE Jan 29: It appears the offending channels have been deleted.)



Yesterday afternoon I was showing a friend some of my videos on Youtube but I noticed that infringing copies on two other channels were often the first ones to come up in the Youtube search results. This is, to put it mildly, annoying.

Taking a look at the two offending channels, each of which contains over 200 videos, it was soon clear to me that these were not fans celebrating the work of their favourite artists. Their content includes all types of "paint" from watercolour to house paint and the "About" information consists of nothing more than long lists of paint-related key words.

It appears to me that the channels in question are monetised, which means they receive payment every time a video on their channel is viewed. I suspect the channels are there solely to attract viewers, presumably to profit from views, and that the account holder has little interest in the material reproduced on the site.

When someone steals your content, they also steal your viewers. If your own channel is is monetised, then the copyright offender is also stealing your money.

Most importantly, perhaps, is that the original author misses out on interacting with viewers. Comments and questions asked on copyright-offending channels usually go unanswered as the channel owner is unlikely to care or even be in a position to answer questions. Likes and dislikes are important ways for an author to gauge viewer interest and guide future projects, but they do not get this information if the content is viewed and rated elsewhere.


If you find interesting-looking videos on Youtube, check who has posted it and, if they don't appear to be the author, take a look around Youtube and see if you can find the person who owns that video content. Then view the videos on the authors' Youtube sites instead.

How to lodge a Copyright Complaint on Youtube:

If you are an author who feels their video copyright has been infringed, lodge a complaint with Youtube.


Click on the flag symbol under the offending video and a list of options will appear. Choose "Infringes my rights" then choose "Infringes my copyright" from the next list to appear. Press submit.

From the next window, choose the option to submit a copyright complaint and another browser window/tab will open up where you can fill out all the relevant information including the web address of the offending videos and the address of your original. You can include multiple complaints on one form by choosing "Add another video".

Copyright complaints are legal claims to ownership and there can be penalties for lodging false claims, so you will also have to fill out some personal details plus make a declaration that you own the content and are making the complaint in good faith. Hit the submit button and you will receive emails from Youtube advising you of the status of the complaint. Hopefully the offending video will be removed within 24 hours.

If enough complaints are received, I understand Youtube is likely to delete an entire channel. If a channel exists only to profit from other people's work, without credit or agreement, then this would be a good outcome.

Thursday, April 4, 2013

Of objects, juxtaposition and making a mark

When I began this blog I resolved to stay away from controversial issues. But it's not in my nature to bite my lip. The dam might finally have busted.

Consider this a follow-up to my article on controversy in art. It is, in that regard, my second contribution to the controversy which was invited at the City of Albany's Great Southern Art Award.

I've never been much of a fan of the pompous, pseudo-intellectual gobbledegook known as "art speak", or what has now apparently been re-branded as "International Art English", a label which itself reads like nonsense.

As a pursuit with a long history and many different approaches, media and techniques, there's no doubt that art needs its own subset of the language. Genre labels such as impressionism and expressionism make sense in conversations about the art world. Terms like intaglio, chiaroscuro and plein air, while possibly sounding elitist to "outsiders", are a useful shorthand in communication between artists.

But art speak is something different. It doesn't appear to be about communication so much as obfuscation. At its worst, art speak comes across as decidedly elitist – almost as if the very point of using it is to elevate the perpetrator above the supposedly ignorant masses. The in-crowd and wannabes nod knowingly as the art critic waxes lyrical about a blank canvas, while the masses wonder if the artist will ever get around to starting the piece.

What is art speak?

I used to joke that you weren't a real art judge or art critic if you couldn't wedge the word juxtaposition into your commentary on some work.

Juxtaposing is nothing special, it just means to set things side-by-side. Good artists use careful juxtaposition to their advantage all the time, but while it's a legitimate tool in the artist's arsenal, outside of a certain corner of the art world who really uses it in public commentary?

Before I delve into examples of art speak, there are two particularly annoying snippets of it that drive me bananas.

The first is the apparent dismissal of artworks, even great works, as mere "objects". You might hear a critic refer to a particular painting as "a wonderful object", but is it really flattery? An object is essentially something that exists, something that has form, something tangible. So damned-near everything is an object in one sense or another. How is it remotely useful to describe an exhibition of beautiful paintings or sculptures as a collection of objects? It is pointlessly obtuse and no more instructive than calling them "things" or "stuff".

Next cab off the rank is the redefinition of painting to be simply "mark making". What is that even supposed to mean? Am I supposed to feel better knowing that when I'm tearing my hair out trying to get a painting to work that I am only making marks? Frankly, I'm insulted by it.

How does "mark making" differentiate art from any of the other myriad reasons why things, or objects, are painted, stained, coloured or otherwise defaced? Is a fingerprint taken by the police a piece of art? Is the original print the police discovered on a broken safe also art? What about the red wine stain on the carpet from the last office party – is that art too? From my perspective, painting is no more about mere mark making than music is about "sound making" or race-car driving is about "moving around". Not all movement is racing, not all sound is music and not all marks are art. The mark-making label is meaningless. It's gibberish.

In my opinion, the terms, "object" and "mark-making", diminish the efforts of artists and appear to be used so as to open the art world up to people who otherwise demonstrate very little artistic skill or expertise. As a result, Rothko's blurry brown rectangles are heralded as great art alongside, or more likely above, skillful, beautifully lit portraits by Rembrandt – they are, after all, both objective examples of marks that were made.

And that brings me to the most pervasively annoying forms of art speak - the artist statement and the art critique.

James Gurney showed us a very simple Artist Statement Generator in 2009. Used correctly, it will give you gems like:

"My recent work is an exploration of the irreducible act of mark-making which delves into the connectedness of the real and the abstract by mediating clichés through a retro-nostalgic lens."

Simply beautiful, and so descriptive - oh, and "mark making!" Despite housing just 64 possible combinations of output, that boilerplate statement table really knows its stuff.

And of course, where there's an Artist Statement Generator there must surely be an Art Critique Phrase Generator. This handy little web-based tool will have you bamboozling the suburban class quicker than you can say...

"With regard to the issue of content, the disjunctive perturbation of the purity of line makes resonant the distinctive formal juxtapositions."

There you have it - "juxtaposition". It must be good.

With just 50 critique fragments to chose from (offering 100,000 possible combinations), this automated process delivers statements that are indistinguishable from the real thing. And because art speak critiques are so often entirely meaningless, the results of either the robot or the human art critic can be applied to almost any artwork, without even seeing it.

One of the favourite tools of the art speaker is self contradiction. They will begin their statement with one observation about an appreciated artwork, then suggest that this first observation demonstrates a contradictory idea. For example, an elite art critic might look at a splodge of paint on a torn piece of carpet and explain that "its apparent simplicity perfectly illustrates the complexity of the urban experience". It's simple, but it isn't really and its simplicity exposes its complexity. Or something.

I think we're supposed to be impressed by the idea that the critic is able to recognise the complex ideas embedded in what the rest of us might just see as a splodge of paint on a torn piece of carpet. In reality, such nonsensical remarks are like Forer statements in as much as they appear to say something specific while saying nothing useful. A similar technique is adopted in the writing of horoscopes.

To illustrate my point still further, here are a few snippets from the judges' comments at the "controversial" Great Southern Art Award. Remember, these are real comments, read out and posted at a community award, and not made up by me, and not the results of a java-scripted joke website.

Please note that I am not passing judgement on the artworks themselves, many of which I admire for various reasons, and I imagine some of the award recipients were as bemused by the art speak as I was. 
  • We enjoyed the use of hand written notes suggesting thoughts that give a strong sense of spontaneity.
  • It has a sketchbook-like quality but with the depth and surface quality of a resolved work.
  • This work speaks of process and the meticulous labour that has made it successful.
  • An intriguing observation of a luscious surface, captured perfectly the layering of paint to evoke a painterly effect. 
  • This work has simple abstract forms that suggest complex seascapes and landscapes, hidden in what appears to be an uncomplicated process.
  • Hidden within layers, other worlds reveal themselves and surprise the viewer. 
  • The successful depiction of these observations is revealed upon closer inspection and the more time spent with these works makes for a more rewarding experience. 
  • We enjoy the hands-on approach to pushing the material into another form.
  • Leaving the work unframed makes the work more accessible.  
  • This work is brave in its simplicity.  
  • Removing the reflection of one’s self speaks volumes.
I think my favourites are those that exemplify the self-contradiction rule in art speak – "a sketchbook-like quality but with the depth and surface quality of a resolved work" and "simple abstract forms that suggest complex seascapes...hidden in...an uncomplicated process. ". But making an artwork more accessible by not framing it is pretty good too. I try to make my paintings "accessible" by hanging them where people can see them.

Now, it could be argued that I have cherry-picked these and published them out of context, and it's a charge I'll wear. But I was there when the full statements were read out and, even in context and without cherry picking, they were still art speak and still largely meaningless.

Several of the statements, like "the hands-on approach", are so generic they make no real sense even when you stand before the works they're apparently describing. Apart, perhaps, from entries in the photography section, I'm pretty sure hands were well and truly involved in making of almost all the artworks on display in that exhibition.

Next time you read an art critique or judge's comments, see if you can really understand what they're saying or if their comments are like Jabberwocky, and you just feel like you know what they mean.

Thursday, March 7, 2013

Art and scams don't mix!

I received an email today asking about one of the artworks displayed on my old website gallery.

Hi there,
My name is Richard,im from phoenix,was browsing through the internet and my eyes caught this particular work(Emu Beach Path),will like to have it for my new apartment probably this month.please let me know if the piece is available and if yes let me have the detailed price and more information about it. i will be waiting to read from you.
Regards.


The name of the sender on the email is "Richard _ "  (I won't give the full name used as it matches that of an actual artist and I'm certain he has no involvement in this whatsoever). The message repeats the claim that the sender's name is "Richard" - but the email address is mmmoreef@gmail.com which bears no resemblance to the sender's name

Scams of all kinds happen to be one of my pet hobbies, so at no point was I under any illusion that this was a genuine request. I've seen all this before and this one might just as well have had sirens and flashing lights attached because my brain said "ALERT!" before I'd even finished reading the subject line (which was simply "Artwork").

But people do fall for these scams so I've decided to comment on it as we need to shine a light on these things before someone we know is affected. Once you become involved with these criminals, it can be difficult to stop the process and the outcomes can be tragic.

The first thing I did upon receiving this email was to confirm my suspicions by doing a quick search for part of the text. In this case I copied and pasted "was browsing through the internet and my eyes caught this particular work" into Google and, sure enough, the first results are all scam alerts. If that didn't work, I'd try other snippets or the email address (which also works well in this case).

Scammers don't have the time or education to be particularly creative. They don't need to be because it's just a numbers game. They send out thousands of these emails with virtually the same text and often with the same sender name. Even when they change the supposed name of the sender, the email address is usually still the same and still bears no resemblance to the sender's claimed name. It's not particularly sophisticated but they only need one or two people to bite to make the scam worthwhile.

I should point out that the email I received might seem convincing because it actually does name an Emu Beach Path painting that is on my website. But anyone who's ever used mail merge for addressing letters or envelopes will be familiar with how this process works. In short, the computer fills in a blank space using titles selected from different sites for different email recipients. The computer most likely found all the information for the scammer too. The human scammer has likely never seen my website.

My search today not only confirmed that "Richard" is an inveterate and semi-literate scammer but that he seems to have trouble remembering his own name. Other people have received the exact same email offer from someone supposedly called Michael. Although Michael apparently has trouble spelling his own name in his copy, mistakenly calling himself "Micheal", the emails otherwise contain the very same poorly written text and have the same reply email address.

Whoever "they" are, "Richard" and "Michael" are almost certainly involved in a cheque overpayment scam.

So how does this scam work?
  • The scammer contacts you and offers to buy something.
  • You reply, accept the offer and set a price.
  • The scammer might want to organise freight themselves.
  • The scammer sends you a cheque for far more than your agreed price.
  • The scammer makes an excuse for overpayment.
  • The scammer asks you to return the excess funds by money transfer or...
  • The scammer asks you to transfer the excess funds to the freight company.
  • You refund or forward the overpayment (could be several thousand dollars).
  • You send the artwork.
  • The original cheque bounces.
  • You lose the artwork and several thousand dollars of your own money.
Individual cases may or may not involve a supposed freight company - the freight company is also the scammer by the way - or the overpayment might instead be explained as a mistake. Regardless, there will be some bizarre reason why you now have a cheque for a lot of money and another bizarre excuse for why you need to do something with that excess.

The conversations are likely to be surreal with the scammer explaining how unbelievably hectic their life is and how desperate they are to get this deal done urgently. They might go on to express their delight at dealing with you and their amazement at technology and the internet and sunshine and clouds and whatever else might make them seem sincere. Everything will be incredible and wonderful and you will be the best person in the world as you bring them great joy. They'll probably "bless you" too.

But at some point you will be asked to pay that excess money back.

Now, you could, maybe, cover yourself by doing nothing until the cheque has cleared but you won't win. You're dealing with criminals. At the very least, your own bank might hit you with a bounced cheque fee.

If you receive an offer that you suspect might be a scam you should always do a little "Google research" and if you're still not sure, there are websites like "Stop Art Scams" dedicated to throwing a spotlight on these criminals. And let's not forget that most governments in Australia have some sort of fair trading authority who are there to help with information on scams that are known to be doing the rounds. Some, like WA's ScamNet, even have mailing lists you can sign up to so you can receive regular scam news updates.

One of the simplest rules, it seems to me, is to never send any money to someone, or on behalf of someone, who is supposed to be sending you money.

Oops! I forgot to mention that had "Richard" actually looked at my online gallery, the only place where Emu Beach Path is featured, he would have seen that it was sold. Sorry to disappoint, Richard.

Art Scams

Sunday, October 28, 2012

Spam in art


I'm getting a lot of spam lately from overseas companies selling cheap reproductions of paintings. I've deleted five comments in two days.

The comments are usually repetitious (the same comment is often posted to several articles on one blog and you'll usually find identical comments on other people's blogs), and have nothing to do with the articles they're posted to – showing that the person (or robot) posting the comment has no interest in the blog articles but is simply hoping to direct blog readers to their own site via free advertising. They hope to trade off the blogger's popularity.

If you get these comments on your own blog, can I suggest that you delete them too so as not to encourage the practice?

UPDATE:
Elizabeth Tyler has a bit more to say about these likely art scammers on her blog.