For creatives living in Phnom Penh-
A bit of update on what happened since I posted about this incident where I learned that my artwork was scanned and enlarged and displayed without my consent at one of the new venues opened by the Temple Group.
First, the good-
a) Three of the six unauthorized artworks were taken down.
b) Two artists whose works were also scanned and who I know got paid, though less than what they asked for
c) Through my week in Siem Reap, the owner kept in touch with me and was quite apologetic and sincere that he did not know about the copyright issues.
Now the 'bad'.
For the remaining three artwork, he had requested that I not ask for them to be replaced with reprints in the proper resolution. As I was in Siem Reap at that time, I said I would have to check to see if those remaining ones were of good quality. But I did give a rough estimate that they might cost him $200 each because that's the typical rate for limited edition artprints of that size that I usually charge my premium buyers. And over and over again, I had stressed that if we can't agree to a price, he can take them down - which I would very much prefer as a matter of principle.
When I returned to Phnom Penh, I tried twice to arrange for a meeting with him but it wasn't successful. So I went down to the bar and looked at the artwork and decided under the dim light, they were of a decent quality.
Taking into account that he had already invested some money in the installation and printing, I concluded that $150 per piece is a reasonable rate. And since he had settled with two artists for roughly the same amount per work, it should be enough to suggest that I am only billing him an amount that's fair and that I'm not taking advantage of his honest mistake - if I were to give him the benefit of doubt.
To my surprise, when he called me this afternoon, the first thing he asked for was my business registration particulars. The reason being that his 'lawyer' wants to check exactly if I really do have copyright to the work as claimed. I refused to give my particulars because firstly the copright is under my name and not my business. And secondly because I do not think my business details has anything to do with it.
When I asked why he needed to check the copyright, he said that that was because he cannot have artists always coming up to him to demand for compensation.
I told him what I know about copyright law in Cambodia, since I had to know about such things in case events such as this happens. I informed him that he needs to assume that any work sold in the shops are copyrighted and if he wants to modify or reproduce them in anyway, he needs to seek permission from the artist.
I repeated that I completely understand his predicament but I cannot simply have someone assume that unauthorized use of copyrighted work is ok because this isn't fair to those who are willing or have forked out money to pay.
After a while, it got pretty exhausting because at no point did he offer any counter-proposal (which I had suggested right at the beginning when I found out) for example, to sell my artprints at his bar or cafe. I understood that he had settled for a small payment with another artist and in exchange for the reduced payment, allow her to sell her works on consignment in the cafe where scanned and reprinted copies of her work were displayed.
And these are all the terms I was willing to consider because I would rather do business and have a friend than not. But all I got was him repeating the strange request for my business particulars to show his lawyer.
After some consideration, I have decided that I had offered quite a bit of compromise as I have a lot of respect for someone who worked his way up to become very successful, but if I were to basically just say, ok you know, it's not worth the trouble to press this further, you can keep the artwork, it would have repurcussions for the Phnom Penh art community that has been very supportive of each other so far.
And so I informed him that I do not want his money - that had never been the point - and I would like for him to take down the remaining artwork by next Thursday.
I still believe that he's acting from a position of unawareness about copyright law, so I had gave him the number of my contact in the intellectual property deparment for his lawyer to call, and who had been advising me in the last few years about copyright protection.
I think I have demonstrated through my conversations with him online and offline that the reason why I had to go through so much stress and anxiety to do what I did had nothing to with wanting to take advantage of a situation. But I do it because I need people to respect the work that artists put it and someone who trruly respects artists and their work need to demonstrate that respect better.
Otherwise artists suffer.
Here's hoping for a more positive outcome that what occured this afternoon - meaning the three remaining unauthorized reprints of my artwork be taken down. — at ប្រាសាទ by Temple Est 2002.
Is the Temple Group illegally reproducing copyrighted artwork and screwing over local artists?
Is the Temple Group illegally reproducing copyrighted artwork and screwing over local artists?
It certainly looks like it based on a post online:
- Steve Zodiac
- Suspicious
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Pictures or it didn't happen.
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- Orichá
- I have some social problems
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What I don't understand, at all, is why this guy tolerated, even for one second, some stranger "scanning" his artwork without his knowledge, and then putting them on display and for sale, too... He writes... "...about this incident where I learned that my artwork was scanned and displayed..."Copyright wrote: ↑Fri Jul 02, 2021 12:35 amIt certainly looks like it based on a post online:
For creatives living in Phnom Penh-
A bit of update on what happened since I posted about this incident where I learned that my artwork was scanned and enlarged and displayed without my consent at one of the new venues opened by the Temple Group.
First, the good-
a) Three of the six unauthorized artworks were taken down.
~~~
Here's hoping for a more positive outcome that what occured this afternoon - meaning the three remaining unauthorized reprints of my artwork be taken down. — at ប្រាសាទ by Temple Est 2002.
He is wasting his time trying to bargain with a thief. But, I guess his attempt to negotiate shows just how desperate artists can get, when it comes to trying to sell their pieces. How sad... If I was him, I would simply just go to the stranger's gallery and take down the pieces myself, and throw them in the trash...
"Storytelling reveals meaning without committing the error of defining it."
...Hannah Arendt
...Hannah Arendt
Who is Temple Group? Who are the owners?
What do they own and run in Phnom Penh and where?
I guess they are the people who opened Temple Bar in Siem Reap quite a long time ago, more or less across the street from Angkor What Bar?
I can certainly believe some artists might make outrageous claims against legitimate businesses. However, on the surface, this doesn't seem to be the case here. If the artist in the complaint is the undisputed creator of the work, the amount he is seeking does sound reasonable, and, if $150 is too much for Temple group to afford during a pandemic that hurts everyone (that is, if the owners drive old Dailim 100cc motos and not a nice cars) then the artist is happy to negotiate a lower price point, or find some other happy arrangement. They should pay, get it out of the 'press', and move on. Artists are customers too.
What do they own and run in Phnom Penh and where?
I guess they are the people who opened Temple Bar in Siem Reap quite a long time ago, more or less across the street from Angkor What Bar?
I can certainly believe some artists might make outrageous claims against legitimate businesses. However, on the surface, this doesn't seem to be the case here. If the artist in the complaint is the undisputed creator of the work, the amount he is seeking does sound reasonable, and, if $150 is too much for Temple group to afford during a pandemic that hurts everyone (that is, if the owners drive old Dailim 100cc motos and not a nice cars) then the artist is happy to negotiate a lower price point, or find some other happy arrangement. They should pay, get it out of the 'press', and move on. Artists are customers too.
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