Résumé Ethical Difficulty

[Alessandra Kelley]

I would like to ask people's opinions on a problem I'm having about an item for my résumé.

A painting of mine appeared, full color and almost three inches high, on the front page of a section of a Major Metropolitan Newspaper. Neither I nor my painting were named or mentioned in the article, a full-page spread on an exhibit I was in. The photograph was not simply of my painting, but also of the curator and the artwork above mine, both of which were identified.

While I would dearly love to put a Major Metropolitan Newspaper on my résumé, it doesn't seem quite honest to do it simply because my work showed in passing. It is a beautiful reproduction, though. See, I'm conflicted.

What are people's opinions? Is this a legitimate item for my résumé?

[RobM]

Why not. They have breached both your copyright and moral right. Personally I would bill them for repro right!!
Rob

[Alessandra Kelley]

Wow. That is so far from what I was thinking that it came like a shock. Looking back at my message, I realize it could sound griping, but I didn't mean it that way at all. I just intended to lay out the facts, lawyer-like. However, Mr. Milliken, you sure have gotten me thinking. . . not that the paper really owes me anything, but rather that my art in their paper is not simply to my own advantage.

Frankly, when I saw my work in color in the paper, I only thought how cool that was. To be fair to them, they did a good job of identifying the artists and works which had special pictures taken of them. My work just happened to be below a work associated with a major sports star, and it seemed to me only natural that the artist, sports star, and curator in that photo should be identified, but my work, which was in the composition but not important to it, not.

One day I hope to be more deliberately published. In the meantime, maybe I will cite that appearance in my résumé.

[PhilS]

Alessandra,
Interesting question! You obviously couldn't say "Featured in (major newspaper)..." or even "reviewed by..." but I would definitely keep a copy of the article for my records. Maybe mount it on a board, with the newspaper banner and date mounted above. (It sounds like just being included in that show was an achievement.)
Publicity is a funny thing. I heard once that getting reviewed in the New York Times is the Holy Grail for writers. It doesn't matter if it is a good review or a bad one (though obviously a good one is preferrable...) The important thing is to have your name put out there into circulation.
Get as much mileage out of the article as you can. Nothing wrong with clipping it out and including it in your resume. I agree with Rob, if your painting was shown prominently, it should have been identified.
Phil

[K. Lee]

If you had the "clout" and or time for possible conflict, I'd do as RobM says, said. Its a tough one, was it off-hand, negligent, or simple fraud when an artist makes something and is not credited. I'm sure most times it could hurt the artist.

Although some time has passed, if you were satisfied that they were not harmful, I'd write a letter to their managemant, fascimile or something with binding, saying I want to use the image or the like seeking credit, and include that if doing so in a polite way that doing so was not offensible, objectionable to use as personal info, ie. possible inclusion in portfolio or resume.

What typically happens to me when I feel disowned is I hold a grunge for a couple of days and nothing more, but sometimes I speak up.


Lee

[Bert Congdon]

Alessandra, I completely agree with Rob. Use it to your hearts content. It is illegal to reproduce any piece of art or photograph without permission. I ran into this a lot when I was in the photography business. A local newspaper wanted my work all the time, free of course. They used many of my pictures, but never once did they use the copright symbol with the year and my name which I insisted on, and theynever rerurned my photos, but held them in their files. When they publish without the copyright symbol, year and name, if you don't contest it, it is in the public domain, you lose the copyright. The publisher claimed I was coverred by his copyright that appeared in the front of the paper. Sorry, it doesn't work that way. The one that really ticked off was a fabulous color picture of an old man saluting the flag as it went by in the Veterans Day parade. He was famous as the "flag man" because he used to drive a school bus with the flag hanging in the bus, and the kids had to say the pledge or they couldn't ride his bus. It is my favorite picture, and I gave him a copy. Well, the newspaper did an article on him, and in the interview they asked him if he had a picture, and he gave them that pictture. Next issue, there was MY picture on the front page in color. No mention of me. From then on, no picture ever left my place without two stamps on the back. One was the copyright; the otther was "NOT FOR PUBLICATION."

But there is another angle to this. You allowed it to be hung in a public place. It hung on public display with your permission. It's like a movie star being photographed with out permission, and then getting pasted on the cover of son sleezy tabloid. Legal? Yes. There are two things at play here. The publisher is home free if it's news or if he or she is in a public place. I don't think you could win a suit, but go right ahead with using the publicity.

[miss pixel]

Hi, I empathise with your situation, I know what I am saying isnt exactly the same, but I had work copied without me knowing about it until too late. I had completed a wooden sculpture for a client and unbeknownst, someone had stolen my idea and made the same design but in stone. I only got to know about it when a picture appeared in the local newspaper because it had won a prize! I was naturally very upset and angry with this person, as they had taken all the credit and there was no mention of my input! I looked into taking legal action but it was too expensive to do anything about it. I suggest that you contact the newspaper and make yourself known and ask that they print an apology or re-print the article with your name added.

[RobM]

Hi Miss P
Something worth joining is Design and Artists Copyright Society...it is free.
Even if you don't join, their web site has interesting facts about copyright.

http://www.dacs.org.uk/

Rob

[miss pixel]

thanks for that Rob, I will give it a try.

[Alessandra Kelley]

Eh, I suppose I could kick up a fuss, but given that the paper in question is from, what, 2003, it may be moot by now.

[miss pixel]

If its relevant, it might be worth sending them a note reminding them of it and saying how you feel. I dont know if you already know this technique but If you still feel angry/resentful etc there is a way of clearing it: You tell them the facts (only) as they happened and then how you feel and then say what you need from them (respect, an apology, acknowledgment etc) and then acknowledge your own mistakes (e.g 'sometimes I can make mistakes with names etc). Even if they dont reply or remedy the mistake, it dosent matter because you are doing this for you and not them. This process can enable you to let go of any residual negative feelings.

[Alessandra Kelley]

Oh! I'm sorry, Miss Pixel, I misunderstood you.

I'm not angry about this, and I never was. I was more wondering how to treat what I considered an inadvertent piece of publicity. Or at the worst a news photo where my art appeared in the background.

It sounds like your situation was much more serious and upsetting. I would be livid if my designs were being ripped off.

[miss pixel]

I was extremely livid, especially as my work took nearly 4 years to plan and complete. Using the technique above is how I learned to deal with it and I am now much more careful about copyright and intellectual property. I am sorry, I thought you were sounding a bit irritated/agrieved from your message.

[jpohl]

I used to have the same problem but I have to laugh about it... I kept seeing images I was working on or had in mind being exhibited before I could completed them by a virtuoso painter and a friend who was much faster than me. (He'd dash off several pieces a night before a show.) Of course at the time we had common influences, but in one case I swear the guy was psychic... nobody had seen what I was working on.. but there it was... in his work the same image and compostion... down to the number of apples, direction of apple cores and lighting... I called our paintings the "psychic apples" thereafter.

For another spooky/funny but entirely true incident here's a blog entry I wrote some time back:

http://www.spaceabovethecouch.com/date/2005/06/

Sometimes I think there are forces floating around in the universe and it is not for us to understand.