For information on artwork usage, read this first: fav.me/d5hd2z1 .
Visit and "Like" my Official Art page on Facebook at www.facebook.com/GhoulishArt and you can get involved in contests and be eligible for giveaways of original art and prints and be among the first to know of future projects.
Musician, artist, writer, makeup effects artist and a horror film expert based in Upstate New York. I also do a great deal of work in photo restoration and graphic arts and I've worked on different films in various capacities, including "Vicious Sweet" (providing additional special effects for zombie sequences), "She Kills" (as an actor) and the upcoming "Necro-Zombies From Outer Space" (as an actor). I've also been enlisted as the graphic designer for the awesome New York Motorhead tribute Stone Dead Forever. As a writer, I've received awards from the Kennedy Center for the Performing Arts and the Comstock Writers Group and am in the process of authoring an exhaustive encyclopedia of horror films. I'm currently preparing to begin character design work for the upcoming Quest for Infamy fantasy RPG video game, in addition to providing artwork for numerous bands, including the Iron Maiden tribute Powerslave and the Motorhead tribute Stone Dead Forever, both based in New York State.
Artistically, I am influenced by the work of Caravaggio, John Godward, William-Adolphe Bougeureau, Jim Lee, Neal Adams, Stephen Gammell and many others.
On DeviantArt, I am a contributor for . Check out the group and join for some great art. Additionally . For Stock material, check out the "STOCK" folder in my gallery by clicking on the "Gallery" tab at the top of the page.
When I'm working on any of these projects, I listen to any of the following: 69 Eyes, Divinity Destroyed, Nightwish, The Band, The Misfits, Christian Death, The Doors, Therion, Motorhead, Frank Zappa... and much, much more.
When not working on artwork, I can be found working with my band Suit of Sorrows. You can find out more information at www.facebook.com/suitofsorrows and follow our projects, recordings, show announcements, updates, and more.
Copyright Act defines "derivative work" in 17 U.S.C. § 101:
"A "derivative work" is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work"."
"Whenever you rely on the PD status of a work, it is important to make sure that the particular version you want to use is actually in the public domain. Later versions or adaptations (e.g., translations, revisions, annotated and illustrated editions) of PD works MAY BE PROTECTED BY A SEPARATE COPYRIGHT. Copyright in later versions or adaptations, relates to the fresh layer of creative material added by the second author." (CopyLaw.com)
"The key factor is not the user, but the nature of the material, how it is being used, and whether the new use adversely affects the value of the original work. Since even a nonprofit educational use can undermine the value of a copyrighted work, such organizations are not immune from copyright infringement suits." (CopyLaw.com)
Russell v. Price, 612 F.2d 1123, 1128 (9th Cir.1979)
"Thus we reaffirm ... the well-established doctrine that a derivative copyright protects only the new material contained in the derivative work, not the matter derived from the underlying work. Thus, although the derivative work may enter the public domain, the matter contained therein which derives from a work still covered by statutory copyright is not dedicated to the public. The established doctrine prevents unauthorized copying or other infringing use of the underlying work or any part of that work contained in the derivative product so long as the underlying work itself remains copyrighted."
There it is CLEARLY established that Lovecraft's material may be in the public domain, but DERIVATIVE WORKS are not. Since Lovecraft was not an artist, any depiction of any of Lovecraft's creatures is considered "derivative". Derivative works retain their copyright. The DMCA act itself clearly states that Copyright attaches as soon as the original work is created, and applies to both published and unpublished works.
Now, I have cited quite clearly the US Copyright Act (LAW 1)
The 9th Circuit Court of Appeals (UPHELD)
And the DMCA.
Clearly, this website chooses ignorance.
I have withdrawn permission from the H.P. Lovecraft Wiki (lovecraft.wikia.com/) to use my artwork. Several months back they posted my material without permission, resulting in my filing a DMCA complaint. The administrators of this page subsequently contacted me and in regards to that material requested a sort of "do over" as it were. Being a reasonable person, I consented to allow them to use my material moving forward with permission.
However, it's clear in recent days that the contributors to this "community" seem to think that if you are a contributor to the Lovecraft mythos, you give up all right to your creations, that your artwork can be taken and re-posted wherever regardless of whether or not it hurts the creator financially. I have been accused of misrepresenting myself, not signing my artwork (!) as well not crediting Lovecraft (!) by a contributor who clearly believes that they are entitled to steal material from creators. Since there is such a complete failure on the part of the administrators to correct the fallacies of these contributors, I feel that it is quite likely my work and other artist's work will be used without permission by this page.
All of my pieces are signed and it is stated that permission is not granted to re-upload said images to other websites. Furthermore, I don't think anyone could EVER look at my pages or artwork and claim I fail to credit H. P. Lovecraft (or even other artists's whose work inspired pieces of art). Further, most of these pages include ORIGINAL elements (including symbols, script and more) created EXCLUSIVELY by me.
Share your opinions by following this link, please, so we can prevent other creators from having their works stolen and distributed freely:
Moving forward, I may end up simply removing all of the pieces from DA or defacing them with a watermark, which defeats the purpose of uploading them. It's disgusting to me that people can enjoy art while having no respect for the creators of the art that they enjoy.