Sunday, November 10, 2013

The UGLY Reality: Kudan Augmented Reality

yes, that ever so humble little spin painting
often attributed to Damien Hirst 
that I did in 2010 and posted on my blog
was used for commercial use by Kudan.
Several weeks ago I found my spin art on Kudan's website banner, a specialist agency that creates Augmented Reality Apps for advertizing etc. Thought it was rather clever

and wanted to try and give them a chance to work something out before I went public. 
It was used in 2012 as part of their publicity campaign and downloadable demo app. 

  demo app at ITunes
and the markers that go with the app
Not just on iTunes, and youtube,  but also advertized on vimeo, pinterest, facebook, twitter, and all these sites.

Distimo ,appszoom, cnet,,firdir,realreal research blog,

With link to pdf file AND image

The results of the communications via my attorney and attempt to be paid a licencing fee for continued use, or a past usage licencing fee and removal of my images  have gone nowhere. In fact I was told that I should think myself lucky that they wanted to use MY work,  other artists appreciate the exposure, although it begs the question what exposure when I wasn't credited and no links to my website, or email?
I did not give Kudan or anyone else the right to download my image from google image search and use it.
 Google image search states "images may be subject to copyright", and frankly given the history of this PARTICULAR image finding me would NOT be hard with a reverse image search.
I just uploaded a screenshot of their pdf marker page and got 24 hits for Damien Hirst, and my blog post from 2010 comes up first.

About Augmented Reality

Doesn't matter if your image is registered with the US Copyright Office if a company decides to download your image from google search there is nothing you can do about it unless you have thousands of dollars to pursue a copyright infringement case, or can find a lawyer on contingency (good luck with that one),  or have the popular following and  media blitz support like Lisa Congdon.

Just for those who can't seem to grasp this
There is only ONE person who can photograph this particular spin art and that is me.
It was never displayed in a public place
The only way anyone can have access to the image is if they downloaded my photo of it from my now deleted flickr page or my blog in 2010
back in the house
Nov 2013

and NO
I never got paid or credited. 

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