Whose problem is it, the publisher or graphic artist?

Question

I have seen a cover on a book almost identical with that designed for me for a forthcoming publication.

As to copyright, is it the publisher's problem or the graphic artist's?

I am responsible for paying the graphic artist. Should I do so? I paid him half on account. Can I get it back?

It is self-publishing, in the sense that it is not a big publishing house. I have had no trouble in the past, but have not used this artist.

It is only the artist's fees which are the subject of a special arrangement, and this one was recommended by the publisher.

None of the answers fits my particular case, but thanks to all who responded.

Answer 1

Did you request an original design when you gave him the order. Is that specified in writing? Does the artist retain the copyright to the design or do you? Do you even have a contract or agreement?

I don't think it would be the publisher's problem, you tcontracted with the graphic artist directly.

Has the cover been printed? Prepared for printing?Color Seperations made? In process or waht. If not have the publisher stop the production. Make the graphic artist design you a different and unique cover.

Answer 2

If the artist can produce a sketch that predates the published picture, you need to pay him–presuming this artist and the other have no contact with each other. You had better not publish a picture that is a close copy for your own sake.

If the artist can't produce an earlier sketch, you can try to get your deposit back, telling him you expected original work, but you may have trouble proving he copied the other cover. In that case, I wouln't hire him again.

Either way, there is no good solution.

If you use his work, and have to pay a judgment as publisher for a copyright violation, you then have a case to bring against him, but I doubt if you'd recover your costs.

Too bad!

Answer 3

I assume you are self publishing since you mention paying the artist. Actually you would be surprised at how common that is. Self published books are notorious for having terrible covers.

Is the graphic artist a sub contractor for the publisher? If so I would contact the publisher immediately and tell them you do NOT approve the cover and want it changed at once. Don't sign off on a galley or anything until it is done.

This is another problem with self publishing - they use low quality artists who produce covers that all look the same. I am sure this cost you a great deal of money. Call and complain - make sure you get names and keep following up on it. I have heard this story so often - that self published authors HATE their covers.

I don't have that problem with traditional publishing. We have a fantastic artist who sends us drawings and they get approved or not. Many changes have been made with absolutely no issue.

Pax- C

Answer 4

Have you spoken to him? Sometimes things fester in our subconscious, and come out after years...it might just be a mistake, show him the other book cover and give him a chance to redeem himself.

Did you sign a contract? Did he sell you the rights?

http://en.wikipedia.org/wiki/Copyright

Answer 5

Have you asked the graphic artist to make changes to make it different than the other book? Give him a chance to fix it.