What follows is a
post to the "Advocacy/Action"
section of the website of AICA USA, the
U.S. branch of the International Association
of Critics of Art, of which I'm a long-time
member and former Executive Vice-President.
As of this date -- April 2, 2002 -- the
situation remains unresolved. You'll find
the original post, along with subsequent
responses to this matter from members of
the U. S. division of the International
Association of Critics of Art (AICA-USA),
in the "Advocacy/Action" section
of the AICA-USA website, www.aicausa.org.
Updates will be posted both at that site
and here as the case unfolds.
-- A. D. C.
October 9, 2001
AICA USA
New York, NY 10022
To my colleagues:
In late July of 2001,
in the process of doing a web search, I
discovered that the Paul Kopeikin Gallery
of Los Angeles, which specializes in photography,
had posted two of my essays at its website
-- www.paulkopeikingallery.com
-- without authorization from me. (I hold
the copyright and all subsidiary rights
to all my own work.) It was not possible
to determine when the material had been
posted by him initially, but internal evidence
suggested that the infringement dated back
roughly two years.
Further investigation
disclosed that Kopeikin had in fact published
online at his site a book-length anthology
of pirated material: over 50 essays by 37
authors, lifted in their entirety from some
two dozen publications without licensing
the necessary rights. You'll find the lists
and full citations below.
I notified Kopeikin
that I'd uncovered this wholesale violation
of the copyrights of myself, many of my
colleagues, and numerous publications for
which we provide content, ordered him to
cease and desist in my own case, warned
him of the consequences of his theft of
intellectual property, and initiated billing
for these first Web publications of my work.
I received in return an astonishingly insulting
and abusive email. This correspondence you'll
find reproduced below. (He has since threatened
to sue me if I discuss this matter with
anyone, a notion my lawyer finds laughable.)
I then launched a
one-person campaign to strip his site of
this illicit content. Toward that end, I
found online the addresses of all the publications
from whose pages he'd taken his site's bootleg
content, and notified their Rights &
Permissions departments of these violations.
(Among his sources: the New York Times,
the L.A. Times, ARTnews, Artforum,
and Art in America.) I also notified
those writers he victimized whose email
addresses I could locate. He soon began
hearing from them.
Next, I filed a complaint
with AIPAD (the Association of International
Photography Art Dealers), to which Kopeikin
belongs. There I've brought formal charges
of theft of intellectual property, violation
of copyright, and ethical misconduct against
him. An AIPAD committee will meet and weigh
those charges this month.
I've put the task
of collecting my fees for these unlicensed
usages in the hands of the National Writers
Union, whose excellent Grievance Committee
has obtained over a million dollars' worth
of compensation for authors in such situations.
And I've notified AICA-USA of the matter,
in the hope that this organization will
issue a public condemnation of this massive
act of piracy, which harms us as individual
writers, harms the publications in which
our work appears, and affronts the art community
as a whole.
Kopeikin removed my
material from his site at the end of July.
Not until shortly after Labor Day did he
strip the site of all that stolen content
-- a tacit admission that he had no legal
right to post any of it. But he refuses
to negotiate payment with me or any of the
other authors who have billed him, and has
in fact now taken to presenting himself
as the injured party, somehow victimized
by me.
I urge the following
courses of action:
-
Review the lists
of authors, publications, and articles
below to see if you or anyone you know
appears on them. Please pass the word
along. (Remember that I've already notified
the publications, but they may not have
notified the authors -- who, in many
cases, are the actual copyright holders.)
I can provide hard-copy printouts of
the material he posted at the site,
complete with his gallery's URL and
other identifying annotations, if any
author needs proof of the violations.
-
Write, email,
or call individually to let Kopeikin
know what you think of his violation
of authors' rights. His contact information:
Paul Kopeikin, Paul Kopeikin Gallery,
138 North La Brea Avenue Los Angeles,
California 90036; tel 213.937.0765,
fax 213.937.5974; email pkgallery@earthlink.net.
-
Let Robert Atkins
of AICA-USA's Advocacy and Action Committee
know that you support AICA-USA's sending
to Kopeikin, publishing in its own newsletter,
and posting at its own website a public
statement of censure for this blatant
and large-scale act of cybertheft.
Collegially yours,
A. D. Coleman
P.S. Because the question came up while
talking with several of you who called to
offer support, I should add that I have
neither a personal nor a professional relationship
of any kind with Paul Kopeikin, recently
or in the past. I seem to recall meeting
him briefly at some professional event --
Photo S.F. or the annual AIPAD "Photography
Show" in New York, perhaps. But, so
far as I know, we've never had even a casual
conversation.
Hence I have no
explanation whatever for the over-the-top
animus manifested in his final letter
to me, and can only assure you all that
(so far as I'm aware, anyhow) there's
no back-story of personal and/or professional
interaction as its basis.
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Correspondence
with Paul Kopeikin, July 2001
Subject: Meatyard
essay
Date: 7/26/01 11:26 PM
To: Paul Kopeikin Gallery, pkgallery@earthlink.net
Dear Paul:
I just came across
my 1998 essay on Ralph Eugene Meatyard,
posted at your website -- www.paulkopeikingallery.com/artists/meatyard/p-meatyard-photo98.htm.
Its print appearance you've credited to
Photo Techniques. Can I ask when you first
posted this at your site, where you got
the text file (unless you had it keyed in
from the printed version), and where and
how and from whom you obtained permission
to post this?
Regards,
Allan Coleman
******************************************
Subject: Cratsley review
Date: 7/26/01 11:25 PM
To: Paul Kopeikin Gallery, pkgallery@earthlink.net
Paul Kopeikin
Paul Kopeikin Gallery
Dear Paul:
I've now come across
my 1998 essay on Bruce Cratsley, posted
at your website -- www.paulkopeikingallery.com/artists/cratsley/p-cratsley-visuallit.htm.
Its print appearance you've credited to
Photography in New York. Can I ask when
you first posted this at your site, where
you got the text file (unless you had it
keyed in from the printed version), and
where and how and from whom you obtained
permission to post this?
Regards,
Allan Coleman
*******************************************
Subject: <no subject>
Date: 7/30/01 5:19 PM
Received: 7/31/01 9:13 AM
From: pkgallery, pkgallery@earthlink.net
To: coda, adc@nearbycafe.com
Paul Kopeikin Gallery, Los Angeles
Allan;
Hello. I just got
back from Photo San Francisco which was
an okay fair. Nothing exciting. In regard
to your e-mails I have no idea where I got
the text file or when I posted either of
the two items you mention. Obviously if
I did not receive permission from you I
must not have permission. Regardless, I
am happy to have my web person remove them
as soon as I can arrange it if that is ultimately
what you are asking me to do.
- Paul
*******************************************
Subject: Web rights to essays
Date: 7/31/01 9:52 AM
To: pkgallery, pkgallery@earthlink.net
Dear Paul:
Having posted these
two essays at your site for some length
of time, you've preempted first web publication
rights. Whether or not you remove those
texts at this point, you therefore have
to pay for those usages. A simple analogy:
You borrowed my car without permission and
drove it around town for some period of
time without my kinowledge or consent, using
up my tankful of premium gas in the process.
This situation does not resolve simply because
I have discovered what you've done and you've
offered to return my car. I'm sure, as a
businessman, you recognize the fiscal obligations
here. If not, I'm quite certain your legal
counsel will bring you up to speed.
Beyond paying for
the unauthorized usage to date, if you wish
to continue to post this material at your
site then we can negotiate a license.
The fees and penalties
involved will to some extent be based on
the length of this usage -- hence the importance
of discovering when you put it online. This
material didn't magically manifest itself
on your site. Whoever determines the content
at your site apparently authorized its placement
there. As I gather you didn't even try to
license its use from the two publishers
involved (and since I know you didn't approach
me for permissions), you paid someone to
re-key it in from the published texts to
computer files. Your webmaster then took
those digital files and designed the posted
pages in html. Hard to believe you have
no way of finding out when and how this
happened; if so, you're running a peculiarly
slipshod operation.
Incidentally, on the
assumption that the other essays at your
site appear there on the same basis as mine
(that is, simply stolen outright from print
sources), a word of advice: You've engaged
in widespread copyright violation against
numerous authors. You and your accountant
and your legal counsel should immediately
initiate good-faith reparation and compensation
efforts with the writers involved -- or
else prepare yourselves to deal with other
irate authors, because I'm sure I won't
be the last.
Yours,
Allan Coleman
*******************************************
Subject: <no subject>
Date: 7/31/01 12:43 PM
Received: 7/31/01 2:12 PM
From: pkgallery, pkgallery@earthlink.net
To: coda, adc@nearbycafe.com
Paul Kopeikin Gallery, Los Angeles
Alan;
Having read only the
first sentence of your e-mail confirms what
was obvious from your first e-mail; that
you want money. I have understood for some
time that money is your preoccupation, perhaps
even getting in the way of your writing.
I feel sorry for you. If doing what you
do doesn't pay enough may I suggest another
line of work that might allow you a bit
more self respect.
Meanwhile, I suggest
you have your attorney contact me since
my philanthropy in regard to you extends
only as far as buying books I will probably
never read.
Once again, I will
remove all reference to you and/or your
writings on my site as soon as possible.
In regard to paying you for their past presence
when they were in all likelihood never read,
well, I'll let you use your creativity to
imagine what I have to say to that.
I'm sure you'll find
somewhere to write badly of or ignore something
regarding me and/or my Gallery. I will consider
that your payment in full.
Feel free to e-mail
or contact me in any way you wish, but be
aware that they will be ignored. As far
as I am now concerned you do not exist.
- Paul
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Authors
infringed by Paul Kopeikin Gallery:
The number next to
each author’s name represents the number
of published essays by that author (and
credited to that author, though without
notice of copyright or reprint permission)
which appeared at the Kopeikin site.
Judith Bell-1
Phillip Bergen-1
David Bonetti-2
Jo B. 0.-1
Scarlet Cheng-1
Caitlin Cleary-1
A. D. Coleman-2
Holland Cotter-1
Jerry Cullum-1
Peter Frank-1
Ken Gonzales-Day-1
Andy Grundberg-1
Regina Hackett-1
Charles Hagen-1
William Jenkins-1
Patricia C. Johnson-2
Susan Kandel-3
Christopher Knight-1
David Levi Strauss-2
Margarett Loke-1
Thomas McGovern-1
Kristine McKenna-2
Holly Myers-1
Richard Nilsen-1
Joyce Carol Oates-1
Leah Ollman-5
Shawn O'Sullivan-1
David Pagel-3
Richard Pitnick-1
Peter Pochna-1
John Rapki-1
David Steinberg-1
Miles Unger-1
Vanessa VanderZanden-1
Donna Dorian Wall-1
Richard B. Woodward-1
Jody Zellen-1
William Zimmer-1
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Publications
infringed by Paul Kopeikin Gallery:
The number next to
each periodical’s name represents the
number of essays originally published in
that periodical (and credited to it, though
without notice of copyright or reprint permission)
which appeared at the Kopeikin site.
Action Asia-1
American Photo-1
Aperture-1
Arizona Republic-1
Artforum-2
Art Issues-1
Artnews-1
ArtScene-1
ArtWeek-3
B&W-4
Daily Bruin-1
DoubleTake-1
Houston Chronicle-2
L.A Weekly-2
Los Angeles Times-15
Maine Sunday Telegram-1
Nashville Scene-1
New York Times-7
Photography in New York-1
Photo Techniques-1
San Francisco Examiner-2
Seattle Post-Intelligencer-1
Seattle Times-1
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Pirated
material at www.paulkopeikingallery.com
as of July 31, 2001
The texts listed
below were all found by A. D. Coleman
and other witnesses posted at www.paulkopeikingallery.com/f-artists.htm
as of July 31, 2001. This represents a
total of 53 essays by 37 authors, drawn
from 24 publications.
Notably, it says on this page at the site,
"All of the images found by following
the links below are copyrighted by the
respective artists." Apparently,
Kopeikin doesn't believe that copyright
protection extends to texts.
Kate Breakey:
Houston Chronicle, Thursday, April 2,
1998, Death be proud for creatures, by
Patricia C. Johnson, and The Arizona Republic
(no date given), Photos confront mystery
of death, by Richard Nilsen
Keith Carter:
The Los Angeles Times, Tuesday, August
9, 1994, Poet of the Ordinary, By Kristine
McKenna, and Ordinary Magic: Interview
with Keith Carter by Jo B. 0. (no citation
-- from one of the books?)
Mark Citret:
Los Angeles Times, Monday, May 29, 1995,
Eschewing the Spectacular, By Susan Kandel;
and B&W Magazine, Fall 1999, Mark
Citret, no author indicated
Linda Connor
San Francisco Examiner, Tuesday, December
15, 1992, Capturing the spirit of places
and people, Two exhibits of modern--not
post-modern--photography, by David Bonetti;
and Artweek, December, 17, 1992, Journeys
to the East, Linda Connor at SFMOMA and
Steven Brock at Michael Shapiro Gallery,
by John Rapki
Bruce Cratsley:
The New York Times, Friday, July 3, 1998,
Bruce Cratsley, 53, Photographer of Still
Lifes and Gay Life, By Holland Cotter
James Whitlow Delano:
B&W Magazine, Issue 8, August 2000,
Spotlight James Whitlow Delano, By Shawn
O'Sullivan; The Los Angeles Times, Friday,
January 2, 1998, by Susan Kandel; and
Action Asia, December/January 1996, Edition
6, Vol. 4, Camera Obscura by Susan Kandel
Steve Fitch:
The New York Times, Sunday, August 2,
1998, Distinctive Ways of Looking at the
Modern West, by William Zimmer; and The
Daily Bruin, Fitch documents abandoned
frontier ruins, saves memories of an era,
by Vanessa VanderZanden
Dave Fokos:
The Houston Chronicle, July 15, 2000,
Double Vision, by Patricia C. Johnson
Lee Friedlander:
New York Times, March 12, 1989, Views
From the Territories By a Visionary Snapshooter,
by Andy Grundberg; and Los Angeles Times,
October 8, 1998, Watching TV with Friedlander;
Studying Biggs' Miniatures, by David Pagel
John Goodman:
Double Take, Fall 1997, Times Square Gym,
by Joyce Carol Oates
John Gutmann:
The New York Times, Obituaries, Wednesday,
June 17, 1998, by Margarett Loke
Karen Halverson:
Los Angeles Times, Sunday, June 17, 2001,
The Wide, Wide West (Then and Now), by
Scarlet Cheng
Len Jenshel and Diane Cook:
Seattle Times, November 10, 2000, Photographers
capture the beautiful, weird, humorous
world of Aquariums, By Caitlin Cleary;
and The Los Angeles Times, December 26th,
1996, by David Pagel; and The Los Angeles
Times, December 1, 1996, Finding a Vent
for Their Creativity, by Kristine McKenna
Nicholas Kahn and Richard Selesnick:
Art Issues, January/February 2000, Nicholas
Kahn and Richard Selesnick, By Ken Gonzales-Day;
The New York Times, February 6, 2000,
Tales of Intrigue for a Museum of Unnatural
History, By Miles Unger; and Los Angeles
Times, November 12, 1999, A Provocative
Trek Into Pseudo-History, by Leah Ollman;
Art in America, November 1997, Kahn/ Selesnick
at Monique Knowlton, by Grady T. Turner;
ARTnews, Summer 1998, Nicholas Kahn and
Richard Selesnick, by Miles Unger; and
The New York Times, November 27, 1998,
Kahn/Selesnick, 'The Circular River: Panoramic
Photographs, Siberian Expeditions 1944-1946',
by Ken Johnson
Mark Klett:
ArtWeek, December 19, 1991, New Romantics:
Mark Klett at Kopeikin Gallery, by Phillip
Bergen; The Los Angeles Times, December
26, 1991, by David Pagel; The Los Angeles
Times, September 3, 1999, How One Man
Leaves His Mark on the Planet -- In his
highly personal photographs, Mark Klett
records our impact on the environment,
and its on us. by Leah Ollman; and American
Photo, March, 1988, Touring Arizona: Mark
Klett, by William Jenkins.
Philip Knoll:
Los Angeles Times, Friday, April 27, 2001,
Cartoonish Dark Side, by Holly Myers;
and LA Weekly, May 11- 17, 2001, Arts
Pick of the Week, by Peter Frank
Helen Levitt:
ArtForum, October 1997, Helen Levitt,
by David Levi Strauss; and Los Angeles
Times, January 12, 1994, Epiphanies Out
of the Corner of Helen Levitt's Eye, By
Christopher Knight
Robert Lyons:
Seattle Post-Intelligencer, January 5,
1999, by Regina Hackett
Ralph Eugene Meatyard:
Los Angeles Times, October 1, 1999, A
Place where the Material and Spiritual
Worlds Meet, by Leah Ollman; and Artforum,
September 1998, Ralph Eugene Meatyard,
by David Levi Strauss
Rocky Schenck:
Los Angeles Times, February, 1998, Poetic
Photos: Rocky Schenck, by Leah Ollman;
ArtWeek, April 1998, Rocky Schenck at
Paul Kopeikin Gallery, by Thomas McGovern;
and Aperture, 1994, Interview with Rocky
Schenck
Jack Spencer:
ARTnews, Summer 2000, Jack Spencer, By
Jerry Cullum; Los Angeles Times, March
31, 2000, Southern Exposures, By Leah
Ollman; B&W Magazine, 2000, Spotlight
Jack Spencer By Judith Bell; and Nashville
Scene, September 16, 1999, Down to Earth
– Nashville-based photographer starts
to receive due recognition with striking
Delta series, By Donna Dorian Wall
Jock Sturges:
L.A Weekly, March 6-12. 1998, Light and
Shadows, Photographer Jock Sturges, under
fire-again, Interview by David Steinberg;
and B&W Magazine April, 2001, Jock
Sturges, by Richard Pitnick
Todd Webb:
Maine Sunday Telegram, April 16, 2000,
Acclaimed photographer Todd Webb dies
in Lewiston Saturday at age 94, by Peter
Pochna
Larry Wiese:
Lenswork, August-October, 1998, Larry
Wiese -- apparently an artist's statement
written to accompany a portfolio in this
publication, therefore probably there
by permission.
Garry Winogrand:
ArtScene, June 1995, Garry Winogrand,
by Jody Zellen; San Francisco Examiner,
October, 1994, Winogrand's surrealism
of everyday life, by David Bonetti; and
New York Times, October 28, 1994, Two
Masters of a Medium in Their Early Years,
by Charles Hagen.
And, in Kopeikin’s Newsletter at
the site:
"On Artificial Rarity and Fakery"
By Richard B. Woodward/ New York Times
Photocopies of all these posted essays,
with their individual URLs from the site,
are available from A. D. Coleman.
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