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Thanks for the kind words about the artwork, Jack. I created that illustration back in 2001 as a private work of fan art. Oddly enough, I only found out about this CD -- and its inclusion of my work -- a few hours ago, after a friend told me congratulations. The artwork was used without my knowledge or permission. Needless to say, I'm a bit surprised, and I emailed Intrada asking for an explanation. I'm prepared to view this as an honest oversight on their part, as my artwork has been in circulation online for quite some time. Mistakes can be made, especially when it concerns the internet, and I just hope they'll get back to me and help resolve this fairly and justly.
The full artwork can be found on my site, www.adammcdaniel.com. Here's a thumbnail: http://adammcdaniel.com/Gateway%20to%20NIMH%202013%20thumb.jpg
Intrada intended no slight in using your artwork, Adam. It was an honest mistake on the part of their long time art director, yours truly---who just heard about it this morning when we checked our e-mail. After designing 700 albums, this is a first. Give me a call and we'll set things right.
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Posted: |
Nov 5, 2015 - 12:45 PM
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By: |
riotengine
(Member)
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(sniff-sniff-sniff).....I smell a lawsuit!
I think you're joking. I would certainly think that this can be resolved without resorting to a lawsuit (which would likely cost more than can be made), and Mr. McDaniel is taking pains to express himself reasonably.
It's surprising, though, that Intrada would use artwork that didn't come from the studio.
I'm prepared to give them the benefit of the doubt, as I've heard only positive things about their staff and business practices. Some years ago, THE HOLLYWOOD REPORTER used that same artwork in a story about a live-action remake that was being developed of "NIMH"...and they said they had honestly mistaken it for a genuine film promotion.
Truth be told, I'm quite flattered that they used the work! I'm just disappointed that I only found out about it months after the fact, without any credit, payment, etc., etc. But I do think it was an honest mistake on their part, and not the result of anything intentionally deceptive. Heck, I'm still gonna buy their soundtracks.
Adam. I'm an artist also. The people at Intrada are good guys. I'm sure they will get this all worked out. 
Greg Espinoza
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Adam. I'm an artist also. The people at Intrada are good guys. I'm sure they will get this all worked out.
Greg Espinoza
Greg, they are very good guys, and long story short, we worked it all out extremely amicably. It was an honest oversight, and I'm delighted and honored to have my work featured in this release.
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Posted: |
Nov 5, 2015 - 3:04 PM
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By: |
Solium
(Member)
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But Andy Warhol can sell his original paintings without a licensing agreement from Disney.
The works have already been licensed. There are no original Disney paintings by Warhol that weren't licensed.
From the book "Cutting Across Media":
"The better-known artists who have incorporated Disney characters into their works of art – Roy Lichtenstein, Andy Warhol and Keith Haring, for instance – avoided legal obstacles by purchasing licenses from the company. With few exceptions, Warhol was very cautious and regularly sought licensing and business partnership agreements before making art that appropriated from corporate sources."
I wish I could find the articles I read on this. I'm pretty sure he started out selling unlicensed paintings. For example his Campbell's Soup cans paintings. Edit: Seems Campbell's didn't sue until after his death when the estate started to sell prints. I didn't know he went the licensing route later on. Makes sense to avoid constant legal battles.
But that dos'e not take away from my earlier statements. An artist owns the copyright to their creation regardless if the subject matter falls under another copyright. If I drew a picture of Darth Vader and put it online, Disney cannot legally reproduce my painting of Darth Vader without my permission. And if it was a painting on canvas, a one off so to speak, I could sell that painting without a license from Disney.
Edit: A lot of factors are in play. I can't copy a copyrighted photo exactly in making my painting. And the more derivative the art, the less of a case Disney (or anyone else) would have. Disney can always sue, but its a grey area, not black and white. They wouldn't automatically win.
The plaintiff would also have to prove damages, either loss of income or harm to their property. Does the one painting I sold hurt them financially? No. If I sold a painting of Mickey Mouse shooting up could Disney sue over damaging of their brand? Yes, and they would probably win.
An artist is selling unlicensed paintings of Tiger Woods. Woods sued and lost the case.
http://www.rcfp.org/browse-media-law-resources/news/appeals-court-allows-artist-sell-painting-tiger-woods
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Well, this has taken a fascinating turn.  I just assumed that the Mrs. Brisby pic was some unseen-by-me piece of official marketing art, because it was so spot-on. Glad to hear that the rights issues are being ironed out.
Mea culpa - I feel terrible about this, in retrospect. I was chomping at the bit then I first learned of this yesterday afternoon, and when I couldn't get an *immediate* response to some phone calls and an email, I impulsively jumped the gun and posted on this forum. I realize it's wasn't fair of me to do so without giving Intrada an opportunity to respond. I'm terribly sorry for any embarrassment this may have caused, and if anyone should have an egg on their face, it should be me.
Long story short, everything worked out just fine, and very amicably. I'm absolutely thrilled and honored to have my work included in this release. The front cover repurposes the film's original poster, and rightly so -- for nothing could best the illustration by the late, great Tim Hildebrandt.
Special thanks to the guys at Intrada for a job well done, and for being so amicable. Thanks, too, to everyone who shared their kind words of support and enthusiasm about my artwork.
But don't buy the soundtrack for the packaging...buy it for ***THE MUSIC***, which remains my personal favorite among all of Jerry Goldsmith's work. I can't wait to get my copy.
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Adam, I know this incident brought you to the board, but I hope you stick around! It's nice to have you.
Thanks so much. I just hope all this talk about the artwork (my own fault, I know) won't distract people from focusing on THE MUSIC, which is what this forum is really about. I own the previous TOR and Varese Sarabande scores, but am dying to hear the previously unreleased music.
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