Theft is Not a Misunderstanding

October 29th, 2010

Music record labels are notorious for their loose morals and ethics - and, lets face it, being all-round douchebags. But there are some labels that are a little more douchey than others. I had one of my photographs stolen by the music label Global Underground for one of their recent releases and its been fun dealing with them - or not, as you will see.


Original shot on my photography photoblog.
GU_are_scum_gstringz.jpg
The cover art for GU release with my photo used illegally as cover art.

Here’s what happened. On September 10 the above release went on sale and I was surprised to see my shot used for its cover art. I immediately sent an email to a couple of artists that have had their works released on GU to let GU know of this illegal copyright infringement. I was assured that GU had been contacted and knew of the situation. Days went by without a word from GU. I was adamant that I will not lower myself to contact them, for after all they stole my work. couple of more nods from friends to them I finally get this response from Bonnie O’Hara, GU’s Label Manager:

from Bonnie O’Hara <-----@globalunderground.co.uk>
to: faisal sultan | friskyRadio
date Wed, Sep 22, 2010 at 10:44 AM
subject RE: Sultan Shot

Hi Faisal

First of all massive apologies from all of us here for this misunderstanding. Our designer Chris is based in Taipei, and when he received the batch of pics for Trafik’s single he wrongly assumed they were for him to use across any release.

Fully understand if this has pissed you off. Rest assured it was not intentional. The matter has only came to light after we saw comments on Twitter and realised the mistake.

If you would prefer we would be happy to change the shot to something else – just say the word.

Once again, apologies for any inconvenience – let us know what you would like us to do.

Best,
Bonnie

I love how they throw their designer under the bus. Nice managerial work!

She asked me what I wanted them to do - So I did. My response:

from Faisal Sultan
to Bonnie O’Hara <-----@globalunderground.co.uk>
date Tue, Sep 28, 2010 at 12:00 PM
subject Re: Sultan Shot
mailed-by gmail.com

My usual rate is $400 for licensing my work for non-exclusive use. Invoice attached.

f.

This was the last correspondence. My email remains unacknowledged, the invoice unpaid. The shot is still being used. So to my fellow artists - this is GU. This is how they treat artists. Dont think for a second that just because you make music and I do photography Im less of an “artist” and therefore less deserving of credit.

Photography is not my profession. I dont make a living out of my work. Photography is immensely personal to me. Im not a talented person (far from it) and the fact that I have this singular passion that Im actually proud to share with the world is deeply satisfying. Im also a very private person and the fact that I even chose to share this personal thing with the world takes a bit of courage. That is why this blatant theft is not only a theft of a photo, but its a theft of something I hold dear. That is why I have taken this more personally than some others would.

To be clear - other labels have used my work with my authorization. Ive given them my work for free in some cases because like I said, I dont do it for the money. FADE records recently licensed this shot for their release Audio Tour 3. Buy it now to support them!

This is also not the first time my work has been stolen by record labels in the industry and probably wont be the last. Last year, Liquid Inc used one of my shots for their cover art - but the label owner Hector, to his credit, fessed up, acknowledged responsibility paid me the licensing fees immediately, which is more than I can say for a so-called industry giant like Global Underground.

The reason why I sent them an invoice for payment: I am a firm believer in all artists being paid for their work. Like I said, I hardly need the money - yet I always charge licensing fees for use of my work in a gesture of solidarity for my fellow photographers that make a living out of their art. Too often amateur photographers short-change the community by giving their work for free in exchange “for credit.” While it might feel good to them to see their name under a shot used in a newspaper article or a magazine, it wont pay the bills of the struggling photographer. Im well aware that when I ask for fees for licensing my work, people go elsewhere to another photographer who is willing to give them their work for free. Thats fine by me. But I stand firm on principal.

You dont become a leader in an industry by being the oldest, or biggest. You become a leader by doing the right thing.

14 Comments


  1. 1 Daniel Oct 29th, 2010 at 12:02 pm

    Really glad you’ve sent them an invoice. Chase it up after 30 days, if they still ignore, say you’ll use the power of social media to drum up interest

  2. 2 Hisham khan Oct 29th, 2010 at 1:55 pm

    Please sue them.

  3. 3 Mark Oct 29th, 2010 at 6:32 pm

    Too bad people think they can take stuff for free. Sorry to hear this Faisal

  4. 4 Joe Fernandes Oct 29th, 2010 at 8:06 pm

    You are so right! Do not let these junks rip you off!!!

  5. 5 RobertB Oct 30th, 2010 at 7:49 am

    I’m using imagerights.com. It’s free to register. They went after a couple of commercial web sites that used two of my images. They were unable to collected any money, but the web sites removed the images immediately, and eventually disappeared; I guess because of poor business practices. Image Rights rock. Their usual fee for a free registration account is 50% of all money recovered from offending parties. To me, it’s not the money, though it would be nice to get some, it’s the principle. Use of images for artist credit and exposure does not work. If an image is good enough to use commercially, it is good enough to pay for. I’m not against lending images for worthy causes, but artists who allow their images to be used for artist credit or exposure by commercial institutions, who can well pay for their use, do themselves nor the community any favour, and the use does not result in exposure, credit, nor future renumeration. The attitude that is prevalent at many agencies seems to be that if you are an unknown artist, you don’t deserve to be paid for your work like, say Annie Leibovitz does. If your images is good enough to be used in place of a Leibovitz, than it is good enough to pay for.

  6. 6 papigiulio Oct 30th, 2010 at 9:43 am

    fuck man, 400 dollars is nothing. You shouldve asked more, and THEY should just pay it, cunts!

  7. 7 rigo Oct 30th, 2010 at 10:13 am

    interesting piece of info…
    fact: nobody produces/creates anything for free. it takes creativity, form, wisdom and most of all time….everyone will agree….time is money……and even then, its not the money, its simply the fact that they recognize, and they still do it….GU? = FAIL…boo dood

  8. 8 Céline Oct 30th, 2010 at 9:24 pm

    I am shocked ! You should sue them and get the money you deserve ! I cannot believe they think changing the photo (and probably stealing another one) will make everything better ! Good luck !

  9. 9 rian Nov 3rd, 2010 at 7:32 pm

    now that sucks.. i hope karma bites them in the ass.. real hard.. :)

  10. 10 I'm not telling Nov 3rd, 2010 at 8:39 pm

    Faisal,

    This is certainly a sleezy move, but many people don’t know what’s happened to GU. Bonnie O’Hara is (or at least was) an intern. There’s one other guy who works in the office and was also an intern. They’re both quite young and this gig is all down to work experience working for Ministry of Sound (since that’s Global Underground’s parent company). James as far as I’m aware has next to little involvement with the company anymore. Their offices are now based in London via Ministry of Sound HQ instead of Newcastle and they’re a shade of their former selves.

    I would chase this up with Ministry of Sound’s legal department - because ultimately that’s where this will end up. You may as well go to the source. If you can easily prove copyright, which I assume you can, this is a no-brainer case closed and shut. I would provide a cease and desist letter along with said invoice. Find out who represents Ministry of Sound legally. I’m sure with your contacts it wouldn’t prove too difficult.

  11. 11 Darin Epsilon Nov 27th, 2010 at 5:29 pm

    You did the right thing. What a load of phooey from the GU staff.

  12. 12 mooch Dec 19th, 2010 at 8:51 pm

    Is there no legal come-back on this Faisal? Would be keen to hear how this pans out.

  1. 1 Theft is Not a Misunderstanding « Two Wolves Pingback on Oct 31st, 2010 at 5:59 am
  2. 2 The Music Circus | Respect | #2 « Two Wolves Pingback on Nov 9th, 2010 at 8:44 pm

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