Ripping Off EH Shepard

Handpainting a direct copy does not make it legal to sell another artist’s work. Edward Bear and Christopher Robin © Estate of E.H. Shepard and Egmont UK Ltd. www.egmont.co.uk
The Etsy Thief is Reg123 and is located here: http://www.etsy.com/shop.php?user_id=6506718

Original by EH Shepard:

reg123.etsy.com:

Original by EH Shepard:

reg123.etsy.com:

She also includes “an original drawing” that has some whiteout problems in the corner:

I just think this is shameful to act like you are creating works of art when it’s more like tracing and filling in the lines. Etsy needs to shut them down immediately.

———-

YTWWN SAYS: this is how to make original art based on pooh bear

22 comments

  • Great catch! I forwarded this to their flagged department… and your post came to me from a buddy at Pixar, so I’m sure the parent company will love this…

  • Shepard’s work on the book is in the public domain, and Disney NEVER owned the rights to his work. They redesigned the whole thing and licensed the book as a property to adapt years ago.

    It’s regrettable to see someone recreating these images and claiming them as their own, but unfortunately,that’s what being in the public domain will do for you.

  • She states “My watercolor illustrations are inspired by the original works and creations of E. H. Shepard”. How about that inspiration thing? Style can be inspired, but copy is a copy, not an inspiration.

  • Well, Disney owns the rights to the ‘characters’ until at least 2026, since EH Shepard only died in 1976, so I would assume that his estate and/or publisher would indeed still hold the copyright to any of his artistic works until then, as well. So I don’t get where you get the idea his work would be public domain.

  • I actually work as an artist for Walt Disney Animation Studios and know a little bit about the legal affairs regarding copyrights of Winnie The Pooh and E.H. Shepard’s illustrative works. In 2007 Disney lost a court case of all ownership and rights to everything relating to Winnie The Pooh. It became a bit of a legal scandal because Disney had not been accurately reporting revenue from Winnie the Pooh sales which were somewhere in the range of 1 billion dollars a year. As far as I know copyrights of E.H. Shepards work as of now are public domain which means copying his art is unfortunately not against the law.

  • little me hiding

    From http://www.hundred-acre-woods.ws/faq/chapter2.htm

    “2.7 What’s the copyright status on the stories?

    All the original Pooh stories by A.A. Milne are still under copyright protection. Here’s the explanation from Christopher Franceschelli, president of Dutton Children’s Books.

    ‘Under the copyright laws of the United States, for all works published prior to 1978, copyright protection extends for seventy-five years after the date of first publication. _Winnie-the-Pooh_ was published in 1926, and is therefore protected by copyright until after the turn of the century. There are several elements, e.g. the colored illustrations of the Ernest Shepard drawings, in which copyright protection is extended to well beyond the middle of the next century. In the United Kingdom and in other countries subscribing to the Berne Convention, copyright extends for an even longer period than in the United States.
    Copyright in the text by A.A. Milne and in the illustrations by Ernest Shepard resides jointly or individually in the Trustees of the Pooh Properties, Dutton Children’s Books (a division of Penguin USA) and Methuen Children’s Books (a division of Reed Consumer Books) and all three rights holders are committed to protecting the copyright fully. (The proliferation of various items of Pooh merchandise is not due to the books being out-of-copyright, but rather our recognition that there are indeed many Friends of the Bear who welcome the availability of more Pooh materials, and we have therefore, together with the fourth _Pooh_ rights holder, the Walt Disney Company, created or have licensed several ranges authorized merchandise in both book and non-book form.)
    Therefore, the reproduction of any of A.A. Milne’s text beyond that of fair use (as it is defined under the copyright law) or of the line or color illustrations by Ernest Shepard on the home page or any ancillary pages as they appear there currently or in future without prior and proper permission by the rights holders is a breach of both U.S. and international copyright law.’

    U.S. copyright protection was extended to a period of 95 years for any works still under protection as of October 27, 1998. This means that “Winnie-the-Pooh” will be under copyright protection until October 21, 2021, in the United States.”

    This (if what Peter told is correct) is a bit outdated, but Disney losing the copyrights doesn’t mean the other holders lost them too, does it?

  • My mistake. I was thinking of Peter Pan, which did enter public domain a bit ago. Here’s a classic bit of Disney’s good works in relation to Peter:

    http://copyfight.corante.com/archives/026595.html

  • Unless the copyright owner files a DMCA notice with Etsy nothing will happen. And if it’s out of copyright there’s no much they can do. It’s just a case of this person not having much imagination unfortunately.

  • So if there’s a publisher out there that still owns them the best thing to do is contact them about it so they can report it.

  • Make your own art, dummy

    I have already contacted the legal department at Dutton and I have heard back from them. Nice people.

    P.S. This is a fabulous website. Thanks!

  • “regs123′s Shop Announcement
    I am on vacation in LA. I will be opening shop again shortly
    Thanks :)

    mm-hmm.

  • I saw the shop today and thought that is was wrong so I googled copyrights for Pooh. Just isn’t right to profit from another’s work.

  • Checked the shop today:

    regs123′s Shop Announcement
    To all of my great customers I apologize in advance for the delay in opening my shop. My husband’s grandmother died on Saturday and we are leaving to Seattle for her funeral. It has been a busy summer thus far with vacations, visitors and now a funeral. Thank you for your patience.
    Sign up to be notified when regs123 returns
    You can elect to receive an email notification when this shop is reopened.

    Okay, very sad if grandma did die, but i’m just a little suspicious after the LA vacation.

  • She has also copied The Nightmare Before Christmas and Curious George!

    http://www.etsy.com/shop_sold.php?user_id=6506718&order=&page=3

  • Just checked, and she’s still doing it. Meh! I’m amazed she gets away with it.

    Wonder if she can even actually draw?

  • As of Nov 1, the shop is still active and still selling Pooh illustrations.

    She also has been caught selling copies of the artwork of other Etsy artists. She doesn’t seem to understand that “copying” doesn’t mean photocopying; she thinks that repainting something makes it acceptable to sell.

  • From another site: “In all cases, your first contact is the E.H. Shepard estate’s literary agent at Curtis Brown Ltd: more information, including contact details, can be found on their website, at
    http://www.curtisbrown.co.uk/.

  • 75 yrs until something like art and what not become public domain, right? if i am remembering correctly.

  • Update: Her Etsy account has been deactivated. Good!

  • what a bunch of losers on this site.

  • Sadly, they (or someone very similar) is still at it – see Hometown Creations on Etsy. I wrote to them and reported them to Etsy.

  • Pingback: The Pooh. Who knew? | Fashionnation1on1

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