Band used my image for album artwork

So today i accidentally discovered my own allmusic page. I thought it was referencing a cover i recently have done for a Californian band called Dustwire, but it wasn't. Instead, i am credited for the artwork of the album Endeavors, by the band Orwell. I immediately recognized the image, which they used enterely on the cover, and slightly manipulated on the back cover, but had completely forgotten i had made it, as it was part of a group of works i had displaying on a deviantart page, which doesn't exist anymore. I also don't have those images anymore, as sometimes i will just wipe out a certain phase of my work. Anyway, i went on a little seach, and found out the album is actually being sold on itunes and phisically on amazon. Here are the images of the package, that i managed to track on a blog:

Everything seems fine till here, but i find all this very odd. I can recall having anyone making a comment on the deviantart's image page, saying how he/she was interested in having the image used on a cd cover. I can also recall saying yes, but asking for more details, via email. I can't really recall having a discussion about this with any band.

I just find it weird that suddenly i find that the image was actually used and printed on cds, which were later sold. I admit i might have given them permission (even tho a comment on deviantart isn't actually giving permission), but i don't think this went the right way. I mean, contract and stuff, like i have recently done with the band Dustwire.

I am writing this here before i contact the band, to know what do you guys think about it, as i don't want to start an unnecessary mess with them, because i don't really have any evidence at all. I can't prove the image is mine, as i don't even own it anymore.

I am planning on contacting them and ask them how exactly did they find the image and used it. But if they actually used it without the right permission, what sould i do?

first you should find out exactly what kind of permissions you gave, second bust through some drywall, third, GET PAID

Looks like in this situation you just have to let go.

  On 3/18/2012 at 8:00 PM, chimera slot mom said:

Looks like in this situation you just have to let go.

Indeed. It might be too late. I don't have emails, deviantart account or any other reference. I don't even have the original image!

Like you say: try to get in contact with them asking how they obtained the artwork etc. Saying you're the artist who made it. And see how they respond.

Don't go aggro, unless necessary. You have to keep as many options open as possible. Going aggro burns al bridges to more friendly outcomes. Obviously.

  On 3/18/2012 at 8:04 PM, goDel said:

Like you say: try to get in contact with them asking how they obtained the artwork etc. Saying you're the artist who made it. And see how they respond.

 

Don't go aggro, unless necessary. You have to keep as many options open as possible. Going aggro burns al bridges to more friendly outcomes. Obviously.

You are right. I am goint to contact them to know how they got the image in the first place.

I am surprised to see that they are actually some band.

Good luck.

You've got nothing to loose. You might even get them to mail you their copy of the "originals". Whatever that means on the internet.

just ask for a tshirt or something

  On 3/18/2012 at 8:16 PM, kaen said:

just ask for a tshirt or something

only if it has the artwork on it

Since I have an outstanding memory. I remember you posting about selling an image to a band. I remember it being that image in particular.

  On 3/18/2012 at 8:51 PM, asymmetrical head said:

Since I have an outstanding memory. I remember you posting about selling an image to a band. I remember it being that image in particular.

Indeed you have a great memory. But aren't you sure that the image i posted was this one?

because, like i said earlier in this thread, i don't even have the image used on the Orwell cover anymore...

and i made it about 6 years ago...

YES! I remember a dude walking or standing in a desert like that pic you just posted.

they shitted all over that great image, with those letters...thats all I say

  On 3/18/2012 at 9:08 PM, vganalog said:

they shitted all over that great image, with those letters...thats all I say

Dustwire did the same. I really don't understand metal bands and their artwork choices. It's like they have the sensibility to chose an image that shows their feelings, but then shit all over it with horrible fonts and colors

  On 3/18/2012 at 9:17 PM, ruiagnelo said:

  On 3/18/2012 at 9:08 PM, vganalog said:

they shitted all over that great image, with those letters...thats all I say

 

Dustwire did the same. I really don't understand metal bands and their artwork choices. It's like they have the sensibility to chose an image that shows their feelings, but then shit all over it with horrible fonts and colors

hehe true, the dustwire one at least fits in more nicely.but as a cover, that image would have been just perfect left alone, imo

yeah I would contact them and ask if sales are good maybe they can throw you some dollars. AFAIK not having the original would make it hard to prove you made it, and the court costs would be prohibitive. Nice work though, I think you will have much success licensing your images to bands.

That's pretty cool.

Don't tell them you don't have the original image anymore. Just do it in a way that they will give compromising indications on the answer. Then you can conversate with them at the same level and eventually come to some kind of deal/consensus.

Why isn't your last name Angelo? It would make more sense imo.

I think you have the upper hand here. they do not know you deleted all the originals, so you can threaten them with that fact that you do. threaten to sue and then settle for a fat check before it gets anywhere near court/lawyers. basically get their address and send a selfmade cease and desist letter (templates can be found http://www.google.com/search?aq=1&oq=cease+and+de&sourceid=chrome&ie=UTF-8&q=cease+and+desist+template) i imagine they'll pay you some royalties based on sales rather than pull the cd from sale or get their lawyer involved.

and don't be so vague ("i seem to remember maybe saying yes blah blah") you didnt say yes to shit. sue these fuckers

WHAT IF

There are band members on watmm

  On 3/19/2012 at 1:00 AM, Kanakori said:

WHAT IF

 

There are band members on watmm

if so, they are paying DOUBLE

judging by their miniscule presence on last.fm and the low number of views of this

http://www.youtube.com/watch?v=KNgVSU2LeEY

... i dont think they've made a lot of money and asking for a t-shirt might make you more net profit than asking for royalties.

  On 3/18/2012 at 7:48 PM, ruiagnelo said:

sometimes i will just wipe out a certain phase of my work.

HOW COULD ANYONE DO THIS

  On 3/18/2012 at 7:59 PM, kaen said:

first you should find out exactly what kind of permissions you gave, second bust through some drywall, third, GET PAID

permissions --> drywall --> ??? --> profit.