A veteran illustrator imparts practical advice for the working creative with candid humor
New York Times and New Yorker illustrator Raymond Biesenger has over twenty years of experience as a self-employed creative. You might say he’s been through it from chasing down a concert promoter for payment on a fifty-dollar Megadeth poster design, to a regular stint at Monocle, to confronting a government agency for stylistic theft. Biesinger’s ingenuity for solving the most unexpected issues extends far beyond his primary task of filling the page.
Sure, everything an aspiring creative needs to know might be at their fingertips. But the question of what to do when their work has been exploited remains. In 9 Times My Work Has Been Ripped Off, Biesenger undertakes the challenge of answering that ever-present question by revisiting some of the most unforgettable—and at times—irrationally absurd moments in his career with a wink and an encouraging nudge. 9 Times… proves time and time again that creative problems will more often than not require creative solutions.
This portable, and elegantly illustrated guide to navigating and maneuvering the least glamorous aspects of the creative industry is a future classic suitable for everybody from the earnest novice to the seasoned professional.
This gem of a book is required reading for aspiring and practising illustrators and other creative types that consider themselves to be under or adjacent to the umbrella of graphic design.
As someone who has worked with copyright issues for more than a decade, it’s exceedingly rare for me to read a book written by a non-lawyer that gets into the copyright weeds without wanting to throw that book across the room at least once. This book didn’t get thrown. Biesinger provides a rare mix of common sense, real world practice, and careful analysis of legal basics related to copyright law and its application in the (commercial) visual arts.
The cover and title attracted me to this book, the subject matter of which I am totally unfamiliar. But oddly I was drawn in and fascinated by the tribulations of “creatives” in the business of marketing their work and ultimately themselves. Relatable and funny. Even if one is not interested in the subject matter the art work contained therein is worth the read. I truly enjoyed it.
Biesinger is a successful graphic illustrator. He has a distinctive blocky, almost cartoonish, style. He favors black and white pieces. He has done illustrations for a wide variety of prominent publications.
As the title indicates, this book describes 9 times when his work was ripped off. He is not unusual because his work has been ripped off so often. That happens to most illustrators. He is unusual because in most of these instances, he has ended up getting paid.
The basic problem is that illustrators get paid by individual customers to publish an illustration only for specific uses. It is very common for the customer to use the illustration for uses they haven't paid for. It is also common for users to simply steal an existing piece of art and uses it for their own purposes.
The first problem is that the illustrator often doesn't know that their work has been ripped off. In most of Biesinger's examples he only finds out because a friend or an internet follower alerts him to it.
The second problem is that the legal system does not work well in these situations. The individual unpaid fee for a single illicit use will usually be less than $5,000. Sometimes it is only hundreds of dollars. Hiring a lawyer to send a complaint letter and then file a lawsuit will typically cost more than that. It is wildly expensive to fund a contested copyright case. The law has several fuzzy lines, like fair use or the difference between a work stolen from an artist versus one "inspired" by an artist. Even if an artist succeeds, it can be impossible to collect a judgment from a defendant in a foreign jurisdiction or a bankrupt defendant.
The third problem is that it is important to an artist to control where and how their work is used, not just because of the financial loss. Artist work carefully to establish themselves in particular markets with a specific identity. They can't let a stranger take over their image in the market.
Biesinger has found strategies to overcome these barriers. Large prestigious defendants can be threatened with public embarrassment for ripping off an independent single artist. The internet makes the threat of exposure credible. Frequently it is ad agencies who rip off art. They can be threatened with exposure to their clients who want nothing to do with exposure to claims of fraud or theft. Some illegal users do not understand what is wrong with what they are doing. They can be convinced that they have an obligation to pay.
The stories are all interesting. A concert promoter uses one of Biesinger's pieces to promote his concerts. An art store starts selling unauthorized posters of his work. A government agency starts a national campaign based on his art after being told by a customer who licensed a single use that they had a full license.
Biesinger is an excellent storyteller. He is passionate about the importance of artists paying attention to the business end of their profession. He explains how he prepares a presentation with illustrations for his first meeting with a defendant he has targeted. His aim is to show them that he understands his legal rights, and that they have no valid legal defense for what they did. His goal is to start the negotiations from that point. He usually succeeds.
He ends on a somber note by discussing the challenges that AI is presenting to independent illustrators.
Good News: Relatively short book but an interesting POV of a Montreal based Canadian illustrator and his informal guide how to prevent being exploited "ripped off" artistically. Great illustrations BTW....in the book!
Good News: Drawing talent is one thing, takes time to build your "style" as an illustrator. R. Biesinger gives us a look at what he has to do to NOT be ripped off. If this happened to me it would keep me up at night! Practical tips are good to know and how he has tried to regain control of his style.
Personal: As R. Biesinger says on pg 202: "...AI has graduated from a theoretical to an actual menace when it comes to ripping off creatives". The conclusion of the book hit a very small nerve in me. Book bloggers see AI scraping their reviews to educate the AI models. That feels and is unfair....(author mentions 261 of his images have been feed to AI models). A small book review usually just my opinion is peanuts in comparison to the beautiful art that Raymond Biesinger creates. #InterestingRead
"I simply do not consider AI an ethical co-worker," (204).
Before the conclusion, where Biesinger briefly mentions AI, he's badly bruised. I like the book's brief biographical sketches where you don't seem to know what he means by "he's well-off," and "he needs money." The good and bad aren't parsed so much as moved-through. He's ripped off by governments foreign and domestic (Canadian), firms, friends, internet denizens, companies, and whatever. But it's never a fair shake. "Practically, this means there is no design-oriented 911 for us to call… Our work is not a Benin bronze or Elgin marble— the United Nations won't be taking up our cause any time soon. All too often, the legal system is floating high above us, uselessly out of reach. In its absence, we need to get creative," (44)
I remember getting a bootleg Adobe Illustrator from a friend on a CD in college and then trying to rip off Saul Bass. Failing with impunity. But Biesinger plays on failure-as-the-way. He is all bluster and postcards, sometimes, and sometimes, it works. And hearing the stories of the fight make the fight worth fighting, and show the universality of the fight: "Three things are at work here: the skills these forest defenders attained and sharpened, the defenders' willingness to engage in drawn-out conflict to achieve their goals, and how the defenders leveraged their reputation to achieve practical effects. … make a point of defending ourselves frequently and build a reputation for being expensive to tangle with …." (200)
AI is discussed very briefly at the end, but its wild how easy it is to rip off creatives using stuff like Mid journey. Even I've experimented with replicating some of the classic poster advertisements using AI for my own ads.
I really enjoyed this guide/memoir. Some of his advice can be applied to any situation where you're wronged by a stronger party. I really wish Biesinger had spilled the tea and named names... but he takes the high road here. Also, I assume most of the ad agencies that ripped him off have closed their doors or spun up under new corps. Ultimately I think there's a disconnect between creatives that actually care about their work and sycophantic corporations who just want to make money. The law unfortunately doesn't help the creatives in a meaningful way.
If stress is fueled by uncertainty, there's a lot more to working in the creative field other than generating fun, visual ideas. I'm lucky that I have a full-time, stable job in the field. When I've freelanced, I see now that project managing on an informal basis can be naive. The stories about what Raymond wanted to say and what he wished he hadn't said were entertaining. His illustration style is popular and is mimicked or outright stolen which lead to some interesting detective work.
It's a weird spot to be in, pursuing a lasting career in the tail end of a dying industry.This book might not be relevant in 5 years, but I enjoyed sharing in the collective irritation of being ripped off and a hatred for AI.
This isn't my usual reading fare, and I have no idea how it came to be on my holds list at the library, but here we are. I'd say this was a 3.5 star, but I'll round up. It was funny, it was clever, and it was interesting.
Who knew a book about protecting your work and dealing with copyright infringement could be so entertaining. Love the pure cheekiness of some of the responses Biesinger sent out.
Quick fun read from an illustrator who can actually make a living out of their art and the spiteful reasons why he would jump hoops to get money owed to him, even as low as $50. What I took from this:
1.Make friends so they can be your eyes (and ears) to finding ripped off work in the wild 2. Usage rights is where you can make money and get ripped off the most 3. What to do if you can’t afford to go the legal route: peacock (name drop other clients, throw big words around), loop your “lawyer” into the conversation, establish financial and emotional value (intellectual property, branding, values/ ethical choice), threaten to post about it on social media and if all else fails, consider it a loss because it’s not worth the time and cost otherwise. 4. This book as a defense resource may be moot since AI is the biggest infringer and decimating the creative industry.
This entire review has been hidden because of spoilers.