Copyright infringement and a bizarre claim
You'd think that Cheryl Pillsbury would have learned something from her involvement with the Lanaia Lee/
Of Atlantis fiasco, particularly where copyright-related matters are concerned. Wait - what am I saying? Of course she hasn't learned anything! This is Cheryl Pillsbury we're talking about!
A couple of days ago I e-mailed Pillsbury to ask if she'd obtained permission to use the approximately two dozen paintings and photographs she used to pad out
The Dark Realm. Her reply couldn't have been more succinct:
I got those from a free website.
This 'free website' obviously wasn't fussy about the quality of the material it published - some of the images are so pixillated and compressed it was impossible to trace their origin. If only Pillsbury had used the magic of Google Image Search or TinEye she could easily have found most of the the originals on DeviantART and elsewhere and asked the artists for permission to use their work:
Spring Petals by Natascha Roosli:
http://kyena.deviantart.com/gallery/?offset=24
Spring Spirit by Stephanie Pui-Mun:
http://puimun.deviantart.com/art/Spring-Spirit-208491363
Butterfly Notebook by SkyBlueLunaSea:
http://www.deviantart.com/morelikethis/337610759
Path Through the Woods by Matthew Nixon:
http://needanewname.deviantart.com/gallery/
Moondance by Chael Gunnell:
http://chael.deviantart.com/gallery/?catpath=/&offset=96
Mystic Mushroom by RachaelRose:
http://www.deviantart.com/morelikethis/164522337
Feast of Fools font by Nate Piekos – probably taken from here:
http://macmerc.com/blambot-serves-up-a-feast-of-flesh-the-free-font-for-october/
Photo of a waterfall by Pedro Terrinha:
http://smashingpicture.com/photographer-pedro-terrinha/
Mr Terrinha’s response to the theft of his work:
“Thank you very much for letting me know ! It's quite sad this type of abuse, specially when it's so easy to send a private message on deviantart ! ”
The Witches Cats by ArwensGrace:
http://arwensgrace.deviantart.com/gallery/?offset=192
Dark Dress by Carsten Junger:
http://pixelmixtur.deviantart.com/gallery/
Nymph by Paul Hector Theofanous:
http://paulhectort.deviantart.com/art/Nymph-314098652
The Magician at Dawn by Alex Greenshpun:
http://alexgphoto.deviantart.com/gallery/?offset=24
Fruit Dragon by Augusto Kapronczai:
http://augustok.deviantart.com/gallery/
An internet trawl also provided Pillsbury with the material she needed for Hallowe'en recipes:
Slime Soup (photographer unknown) – probably from
http://www.expatica.com/es/lifestyle_leisure/blogs_photos/halloween-hapjes-45481_9861.html but it first appeared in Nigella Lawson's
Feast
Brain Cupcakes by Eric Staudenmaier – probably from
http://www.epicurious.com/recipes/food/photo/Brain-Cupcakes-232941
Green Gobble ‘ems (photographer unknown):
http://www.foodnetwork.com/recipes/...ble-ems-garlic-bread-chunks-recipe/index.html
Ghoulish Glazed Meatballs – a Mr Food recipe reproduced word for word complete with a copyrighted photo:
http://www.mrfood.com/Beef/Ghoulish-Glazed-Meatballs#
Ghoul Aid by “Aunt Paula”:
http://www.food.com/recipe/ghoul-aid-71378
Owl Eyes – a recipe by LoriInIndiana with a photo by GourmetStamper, reproduced word for word from:
http://www.food.com/recipe/owls-eyes-80661
Pillsbury can't plead ignorance of copyright law here. From the 'Carla Michelle Olson - Photography' page on the AG Press website (my bolding):
I am supplying my photos to your potential authors for their book covers or photography to be used in their books for payment through my website which is processed by Pay Pal.
Please refer them to the Order Page before completing their book if they are interested in one or more of my photos.
No copies of photos or usage of photos with no payment is permitted as they are copywritten and I do own the rights to the photos...
You also stated,
my name would be mentioned in the books that are completed if the authors use the photography...
I am happy to be your supplier of gorgeous photography which the authors are aware that
I am running a business and they would need to pay for the photos for their usage.
http://www.agpress.8m.net/contact_2.html
Does Pillsbury think that the artists and photographers she ripped off would be any more likely than Ms Olson to give away their work for no payment or credit? She isn't just reproducing images on a website, she's using them in a magazine for which she charges $5 a copy.
Even more incredibly, Pearson and Pearson, the law firm whose name and address appears on the first page of
The Dark Realm, are
Intellectual Property, Patent, Trademark and
Copyright Attorneys
http://www.pearson-pearson.com/index.html
But wait...there's more!
I also asked Pillsbury if she'd obtained permission from Marvel Entertainment to use stills from various
X-Men films. After all, she did warn readers that:
Marvel Entertainment owns the mutant characters
please respect their copy-right laws
Her single-sentence reply knocked me for six:
Marvel I have a contract for this and to write Gambit books for free for the kids.
WHAT? Marvel Entertainment, which is probably second only to Disney for the zeal with which it protects its characters, allowed the barely-literate owner of a vanity press to write books 'for the kids' featuring Gambit of the X-Men? Even 'for free'? I found this claim incredible in every sense of the word and brought it to Marvel's attention.
I don't want to fall foul of AW's 'respect your fellow writer' rule, but let's have a look at some of the Amazon blurbs that Pillsbury, as the owner of AG Press, provided for her own books.
Arthyn by Cheryl Pillsbury
Arthyn, son of the Gods sent to preserve the earth from his evil brother; good seed vs. bad seed, a dark witch trying to conquer, will Arthyn succeed and still maintain his purity. A professor, a man who lved him through pictures now has the man hoiw will he handle this?
About the Author
Cheryl, author of several books, famous for her vampires now brings her mystical, magickal series from the Gods and Goddesses, their powers and stories which are endless, start collecting them, you not put them down.
Kathryn by Cheryl Pillsbury
Thrilling romance between the chosen female and a noble vampire which they find love not destruction will their love survive or fall to the slayer?
About the Author
Cheryl Pillsbury'; author of several books brings the third book in her vampiure series with a twist; romance between a human woman and male vampire, will they truly love or fall to the horros of nature?
Nathan: The Chosen by Cheryl Pillsbury
About the Author
Cheryl Pillsbury 51, author of several books brings you her first book in her vampires series. I have a huge passion for vampires, Anne Rice is one I greatly admire. I loive writing stories, placing the reader there and they experience the story for themselves.
(
Anne Rice is a vampire. Remember, you read it here first!)
And the mind boggles at a publisher so desperate for reviews they thought this damning-with-faint-praise gem, of Pillsbury's own
Amie and the Purple Butterfly, was worth featuring:
The book is full of colorful pictures that are both eye-catching and imaginative.
With that said, I must confess that this reader found the book to be lacking in something. When I read the first page and flipped to the next, I had to go back and check to see if a page was missing.. The story did not flow smoothly from one section of passage to the next. The writer s incorrect use of punctuation in several parts of the story made it undesirable for a more seasoned reader with knowledge of such things, but a younger reader would find it quite enjoyable. The pictures alone are enough to capture a young reader s interest and keep it throughout the story. My opinion... Although not exactly perfectly written, Amie and the Purple Butterfly is a cute story of love and friendship filled with colorful artwork and a few vibrantly descriptive passages. In a five star rating system, I would give it a tentative three. –Aretha
http://www.amazon.com/dp/B002VBWEGO/?tag=absowrit-20
Can't you just imagine someone from Marvel reading this and thinking "Yep, this is just the person we need to write books about Gambit!"
Incidentally, at first I was puzzled by the choice of Gambit as a central character in a series of children's books. Then I remembered that in the
Wolverine:Origins film Gambit was played by Taylor Kitsch, an
actor on whom Pillsbury - if the palpitating poetic and pictorial tributes to him in
The Dark Realm are anything to go by - seems to have an industrial-strength crush. It sounds like a weird form of fanfic by proxy, and given that Pillsbury wrote
Forever Knight fanfic it probably is.
AG's prices seem to have gone down since the company was launched:
FLAT RATE PACKAGE: $300.00
6 FREE COPIES 12 FREE BOOKMARKS
The pack age includes your Design layout, ISBN, bar code, proof copy, marketing and VIP announcing your book plus a radio spot, preview and review of the book.
All packages include VIP (Victory International Promotions) they will assist you in promoting, marketing your book. If you wish to continue with them, there will be a charge for their services. Check out there prices and deals.
**************************************************************************
Illustrations: $30 for Black & White $50 for Color 25 for 2x2
Covers: $400 Front $600Wrap
******************************************************************************
Editing: $0.010 per word, flate rate
******************************************************************************
Logo: $300 Website: $300
$50 fee for editing changes after formatted
$30 proof-reading
$45.00 reviews
http://www.agpress.8m.net/about.html
The Submissions page suggests that AG also accepts books on merit:
Create a story
If you have a story to tell and wish to share it with an audience of imaginations...
Allow 2 weeks for a reply. We will send you an e-mail with further instructions, if we decide to accept the manuscript.
http://www.agpress.8m.net/about_1.html
However, I suspect that AG makes its money by selling dubious "marketing tools":
Transcription: $2.00 per page
Poetry: $25 per poem and words to pages
Author Copies: 40% discount, plus tax and shipping
250 Business Cards: $29.95 (plus tax and shipping)
20 piece Letterhead Set: $39.95 (plus tax and shipping)
Logo Design: $200 (One-third deposit required, plus tax and shipping)
Video Clip $100 plus cost of pictures (plus tax and delivery)
Flyers: $0.05 blk/wht-- $0.10 per flyer
50 4x6 Cards w/cover $25.99 (plus tax and shipping)
Website Design $300.00 (one third down required)
Bookmarks: $75.00 for 100
Promo Package $69.95 (50 Business Cards, 25 4X6 Promo Cards, 20 Bookmarks, 6 copies of
book)
http://www.agpress.8m.net/about_2.html
I get the impression that Pillsbury doesn't know what an advance is:
Author Advances:
The author receives 40% of royalties and AG Press receives 60%. The author receives 40% off the book price when purchasing copies of their own books, plus 6.25% tax and shipping, pending the author's request.
http://www.agpress.8m.net/about_1.html
So, publishing with AG Press could still be a pricey proposition if you want anyone other than your family and friends to know that your book exists. But that's OK because:
We hand-craft our books, the machines we have are computers and printers. We have people that come in and actually fold the pages to the book, clip them and place sticks along the spine. The paper is eco-friendly and it comes from Staples, also the cover stock and laminating sheets...
Each book is someone’s dream, vision, and each one should be treated as such. It may take four to six weeks to finish a simple stack of books but know you are receiving and sharing a product that was made by hand with pride, tender care and love for sharing a story.
Finally, according to the AG Press newsletter one of their forthcoming books is by a fifteen year old. I wonder how much she - or her parents - paid for the privilege of being a published author?