RESERVED rips off Rockie Nolan (updated!)
June 9th, 2010 by rockie_nolan
My name is Rockie Nolan. I am a nineteen year old photographer living in the United States.
I was recently informed by one of my followers on deviantART who noticed the large clothing company RESERVED (based in Poland) selling a t-shirt with my image printed on it.
found at a location in Poland
The image is a self-portrait I took this time about a year ago (yes, I am a girl… I just have a boy’s name)
Original self-portrait by Rockie Nolan
I’m not sure what I find more offensive, the fact that they blatantly took my image without my permission or the hideous bedazzling they have added to an already idiotic phrase.
Curiously enough, they do not have the shirt in question listed on the site despite the fact that multiple people have found the shirt in their local stores. Someone else pointed out that another shirt from Reserved features stolen illustrations as well. I had to email the company that owns the company because the Reserved website is too flashy and their contact box does not yet work, but I have not yet heard back from them.
AN UPDATE:
Yesterday (july 14th) I received an email from the company’s attorney.
“We appreciate the value of our own IP rights, and respect IP rights of the other creators. Unfortunately one of our contractor must have taken the shortcut and used your work as its own. Please accept our apologies for it, and be assured that it happened without LPP’s knowledge and acceptance. In return for the inconvience occured to you, we would like to offer you cooperation, and license some of your work found at devianart. Enclosed please find photos that we are interested in using as printed designs. We may pay you $150 per each, which is regular price we pay for licensing such photos. ”
So basically, instead of taking care of the theft they’d rather rectify the situation by using more of my pictures in the future? While that is flattering, that in no way covers the fact that they stole my image.
For those who commented on me being “a teenager looking for a big payout” that is not the case. I am an artist and I am only seeking a rightful compensation for the illegal production of my work. I am not asking for anything outrageous, only compensation and to teach these companies that they must take caution with copyright.
I will update this when I hear from them again.
Thanks for your support! It is because of this site that they even contacted me in the first place!
(243 votes, average: 4.64 out of 5)
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Where’s the original?
fuur reals. how we know thats stolen? That photo looks 100 years old. STOOPS!
self portrait? looks like a little girl to me.
The original is right here: http://nerdynotdirty.deviantart.com/art/orchid-127277488
Uploaded June 2009.
@ fugg u…
yeah…. I am a girl. I just have a boy’s name…
also, sorry about the missing original. not sure why it didn’t post in the first place, but it is now shown.
What’s with the rude comments? Check her pics on Deviant, there are others from the same shoot.
I’m from Poland and I’m sorry they did this to you. Have you tried to contact them and explain the situation?
Could we please have a moderator to remove the idiots and ban their IP addresses? Please?
Damn. That really sucks. I am on DA too and they are having more and more of this it seems. I hope you get it all sorted out in the end.
BTW, I once knew a girl named Rocky. It is a fairly unisex name.
I think it is fair to say… Keep your stuff off of Deviant Art!!
Almost 1 out of every 2 cases here seem to involve them.
This is a clear rip, but take solace in the fact that all your photography is amazing! I don’t think you need sites like Deviant Art to go places. You will be just fine.
Get an email campaign against this company, and hopefully this will take hold in Eastern Europe and affect their customer base there.
Love the name, and this sucks.
Wow, not only did they steal your photo, but they stole a photo of YOU. That’s seriously dirty, hopefully you’re able to get this dealt with somehow.
I wonder how many of their other designs are rip-offs…
Yeah, that’s pretty blatant.
Do they have assets in the US? If so you may be able to sue here. Id be happy to discuss you options with you. Kevin@kmwlawoffice.com
-Kevin
Get a lawyer NOW. You send a cease and desist and in international affairs, if you can get the police/feds in the other countries to stop them, they have to either destroy the stolen merch or give it to you.
Yes, you shoud do something. Not only is it an unauthorized use of your work, but they are printing and publishing an image of you, in Germany that’s not allowed.
Cute photo BTW.
If you do post your images on Deviant Art (or any sites like this) I would highly recommend placing watermarks on your images, and making sure that you place it over the main subject (over the face, eyes, etc).
@Jenn honestly, most people do not take the time to look at work if it’s got a huge watermark. It completely cheapens the work. I’m not positive that they even stole it from dA as it was on my website as well as some fashion blogs that I know the company follows. If I had a watermark, I’m sure many people would not take the time to look at the work. Anyone could just make a derivative work of it if they really wanted. I understand the risk of doing such things, but it is only because of websites like dA that I have had the opportunities I have, so I’ll accept the risk and just hope that followers continue to keep an eye out for things like this!
Thanks for the support all!
Welcome to the club. Shitty companies in far away countries with poor track records of caring for copyright rip us off, then we get screwed because there’s no way to stop them and no one there cares.
Been there, done that. The asshats are still selling my things.
Hi, I’m from Poland and I shame of the Reserved company.You should to demand your copyrights. How could they… If i can help you in some way, just write. Here are thelephone number and adress to the LPP- the company, which products Resereved clothes.
tel. +48 58 76 96 905-908
adress:
LPP
UL. Łąkowa 39/44
80-769 Gdańsk
Poland
PS Sorry for my english, it’s not good. Your pictures are awansome <3
Reserved replied to Rockie on their facebok profile:
“Hi Rockie. First of all – we didn’t get any of your emails -sorry.
If we did, we definitely would respond to them ASAP.
Reserved brand uses sevices of a few tens of print designers. Each one assure us about the settlements of copyrights of their work. Apparently one of them was dishonest and take credit of someone else’s creativity. Please be sure … Zobacz więcejthat nonetheless we take a responsibility for this kind of acts. We are very sorry for this incident. Please accept our apologise. Our Legal Departament will contact you with the settlement of this case. In a minute you’ll get a private message from our representative and he’ll ask you for details.”
Tom – I agree that the moderator should ” remove the idiots and ban their IP addresses?” – not just for our sake but for the future of this site . Sometimes it is a bit hard to differentiate between idiots and those that are simply ill informed – but we should at least get rid of the offensive posts. As has been mentioned here before, if idiots start to proliferate, people will just get tired of having to scroll through meaningless trash that is being posted, either to offend, or to satisfy some child-like urge to gain attention. People will eventually post elsewhere and this would be a shame, as YTWWN is a great site and and often a great resource. There are several serial offenders, who seem to be operating around the cognitive level of an adolescent chimpanzee – can’t name them as this will merely encourage them – but, yep, at least stop the offensive posts – let them deal with their inadequacies elsewhere. The site will be better off for it.
I’m from PL and I will keep my fingers crossed for you! Good luck!
@Miranda
>Shitty companies in far away countries with poor track records >of caring for copyright rip us off, then we get screwed because >there’s no way to stop them and no one there cares.
I was actually going to reply and say that this is a fairly large company with western business standards, but I see 3 posts up that they have apologized already, which kind of makes the point that I was about to make.
Believe it or not, some of them “far away countries” ain’t that bad in dealing with copyrights.
hi,
I’m from Poland, and I think this is great advertising campaign for Reserved company:)
do you know why?
because it doesn’t matter if they talk good things or bad things about you (Reserved) – the only thing that matters is they keep talking
Sue these morons.
Okay, now I have checked Rocky’s devianart profile and see that the Legal Department of Reserved tried to settle this in quite a laughable manner. I take back everything I wrote before
.
I am a photographer as well. From Poland. I really feel for you as I too had my photos stolen several times. If you need any assistance pelase contact me throuh pawel(at)chrzanowsk.art.pl.
Regards
Hi, I live in Gdańsk, Poland, the headquarter of LPP. I think you shouldn’t accept any out-of-court settlemet from them. LPP is one of the biggest clothing companies in Poland, if not THE biggest one. Those guys sleep on moneybags. Trust me. Here’s some links for you so that you know who you’re dealing with:
http://tinyurl.com/2wbrmnv
http://tinyurl.com/3xlk6yy
I can only imagine how small their compensation offer will be.
Are they having a laugh, or what. Go girl, don’t let them get away with it.
Good luck,
Kris
Blame jews and polish telecom for providing you internet bitch.
Eeeerm… So where’s this company based? Poland or Eastern Europe? Or did I miss european border shifting?
@ Rockie, it’s a shame! You should get a descent compensation from either LPP or the Agency that stole your picture! They probably bought a CD with hundreds of pictures for under $200… in my opinion it is the Agency that’s at fault. I doubt a large concern like LPP, who buys prints all the time would take such a risk.
@ Krzysztof, forgive me but your comment is ridiculous – I just saw a link on FB and people (from Poland) are outraged! I’m a Communication Specialist and I assure you this is BAD PR for LPP!
@qus, you should keep your mouth shut until you learn geography of the World.
@Rockie, good luck, hire a lawyer and sue LPP.
Greetings from Poland, sorry for this.
qus –> Where do You think is Poland, in USSR?
Here is info in polish newspaper:
http://wyborcza.biz/biznes/1,100896,8016144,Amerykanka_oskarza_Reserved_o_kradziez_zdjecia.html
Hi, well – did you read Submission Policy?
3. License To Use Artist Materials. As and when Artist Materials are uploaded to the deviantART Site(s), Artist grants to deviantART a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
Hmm…
Greetings from Poland, I’m sorry for this situation
Your story has been covered by wyborcza.biz, one of the largest business news sites in Poland: http://wyborcza.biz/biznes/1,100896,8016144,Amerykanka_oskarza_Reserved_o_kradziez_zdjecia.html
The article says that they tried to contact with company’s spokesman, but he/she is on vacation right now.
I’d be glad to help you in any way I can – if you need some information, contacts or anything related to this problem – let me know
Hehe qus… do you know what google is? Before you’ll leave a reply, you shood think about it.
Rockie you shood send suit for payment to polish judgment.
Good luck!
HI,
Im from Poland too and the Reserved its not only selling in Poland.
This is ripped of, its probably not the reserved fault but some of polish designers who didn’t think about any consequences stealing your picture.
You should get a layer, because Poland in in the UE it will be easier to get any recompenses for you. The company is big so you can try to get big.
Good luck!
mat
And Where do You think is Poland?
Becouse I know that Poland is in CENTRAL Europe – not in Eastern.
@qus wrote “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
@Rocky – they should have asked your permission, true. But stop acting like some kind of ancient tragedy has happened. LPP is a serious company, you will have your money back without any problem. Save some dignity, act like an artis not a pissed of teenager in search for huge compensation. Good luck to you!
It’s allready in Polish press. You should get a law firm to represent you. I know about a case, when one guy from USA went to court in America against some Polish guy (living in Poland), he won and the Polish guy had to pay him compensation, because of some international law agreement between Poland and USA. Hope you will get them!!
Tom
marketing,marketing and marketing
ładna to nie jesteś
Just FYI, the company sells in Poland AND in Eastern Europe as it was written in the articles you quoted. L2r.
@Miranda
Well, I hated the comment about far away countries. The world is not limited to the West. The Western nations BTW were stealing and robbing other nations and regions throughout their histories. So please, stop such colonial comments. Such disgusting things happen all over the world and this web site is dedicated to fight them.
@psi& Rocky
As for the Reserved, they probably have a contract with the designer of the T-shirt with Rocky’s image where he/she assures that they hold the copyrights or the rights to use the image in question. That’s why, I guess, they are not willing to pay you a lot though the sum is laughable (even taking into account that the average salary in Poland is much lower than in the US, I make around $700 a month and I’m a teacher). If I’m right, it is the designer that you should sue not the company.
Still, sorry that this happened to you and your beautiful photo and that this happened in Poland.
Take care, hope you get this sorted out.
ps. czemu mnie się takie rzeczy nie przytrafiają
wszyscy przeżywają, jaka to krzywda się stała, a ja to bym marzyła o tym, żeby ktoś zerżnął ode mnie, a potem bym sobie iryski odpalała od 100-złotówek 
a tu wszyscy przezywają, że taka tragedia ;P
In short words: suuuuuch a tragedy and everybody feels sorry for Rockie. Stop feeling sorry for someone who is about to get rich and famous
Happy! That’s what you should be! 
I’m also Polish.
I am ashamed for my countrymen who are so easy to spit on our own, a Polish company. sorry in a way that the company made a mistake. I think that this is the fault of the designer not the company.
Fingers crossed for you and your struggle with LPP.
From Poland.
Grand Theft Photo!!
To tylko ściema, reklama reserved a wielu frajerów daje się nabrać.
You have right on your side and that’s very good that you fight on it.
I’m pretty sure that it is not a first time that they (I mean company, not only polish one) do such a thing. I’m also sure that is a company fault. They do like it, that they take something and then they blame designer… but they should give a job to some competent designer not a cheater who is taking others job and write on it his own name (thats at first point theirs fault).
There is a lot of examples of such a copying without even notice to the owner about that fact, and then some company or public person use someone else job as a his own… I hate it.
Hope that you will win and they will pay you …this may help other people to win such a cases.
…will keep my fingers crossed for this:)
@Miranda
Just to let you know that this happens everywhere. Check this out:
http://www.leblogdebetty.com/2010/05/22/zara-we-have-a-problem/
http://www.misspandora.fr/zara-we-have-a-problem-la-suite/?lang=en
(Zara is a Spanish brand)
ridiculous, if you put your art in such social community site as Deviant Art then you give your rights (otherwise there are techniques of posting images with protected rights)
so you loose
dajcie spokój już z tymi wpisami. wszystcy wiemy że polak polakowi wilkiem i zżera was na samą myśl że jakaś 19-latka z US-raju może dowalić rodakowi. shame on you.
well, i’m just courius from where did they took your pic.. probably from some stupid web site like facebook.. etc.
In the future please think before you put your pic in that kind of pages, or more likley protect you things.
But anyways good luck.
Wykop Kurwa!
tak przepraszajmy amerykanów za wszystko, jestesmy dobrzy w tym, a oni i tak mają nas gdzies! norrmalnie mi wstyd za wasze posty wyzej.
@anonymous firstly, there is no proof that they found the image on deviantART since it was posted to my main website as well. Also, you are incorrect. Posting to dA does NOT give up your rights. I am still the creator of the image and I still hold the copyright. It doesn’t work like that. Sorry, I do NOT lose.
Go get them, girl!
Haha I love how everyone flames qus for what is an obvious sarcasm. What he “cannot understand” is why being from Poland means being “based in Eastern Europe” – the Europe’s centre is right inside Poland
Also wikipedia lists Poland as Central European country:
http://en.wikipedia.org/wiki/Central_Europe
So kudos for GoLearnGeographyYouAmericansFlamers for not getting that
Also my sympathies to the author – what happened to you is unacceptable.
ooops. fight for your right Rockie.
greetings from Poland
dawaj z nimi do sadu i 1mln dol odszkodowania
a to dranie
nice, I’m going to buy one
Dear Mrs. Rockie,
my name is Michael, and I’m a lawyer from Poland. I’m cooperating with 2 law firms that may help you with solving that case.
Polish copyright law guarantees you some compensation for illegal usage of your pictures on Polish territory.
I would be happy to discuss with you about this case.
Do not hesitate to contact with me.
Michael Kibil
m.kibil@gmail.com
HI IM FROM POLAND AND WE, POOR FARMERS, EAT MUD AND DIRT
MY HOUSE CONSISTS OF A BATHROOM
I’LL NEVER AFFORD A RESERVED TSHIRT, EVEN A SHITTY ONE JUST LIKE THAT
ME AND MY FAMILY ARE LIVING SH*T, PLEASE TREAD ON US.
[cool][czesc]
The way they tried to apologize is really appalling. They know very well how much they can be sued for, and it is well above $150 for each photo. How much do you think they are making from those shirts?
First, they take your photo, then instead of apologizing the right way and discontinuing the shirt (have they even done that?) they ask to purchase the license to them for their mass production? That’s terrible.
I completely respect you as an artist and would be more than offended and outraged by the way this large company is trying to take advantage. That is such bullshit.
WYKOP EFEKT KURWA
@Michael Kibil
He, he, he… Everywhere the same 
Lawyers
No i dobrze się stało. Mam nadzieję, że nic z odszkodowania nie będzie, nie będę ci też, koleżanko z Zachodu, włazić w Twój blady ass, jak to robią Poljaki wyżej.
Hi there,
Just got your story from an online edition of one of the major Polish daily newspapers. Can’t believe that Reserved has done it… I normally buy their products, as I like them. I will stop doing so, and encourage all my friends to boycott them as well.
Very best regards, and wishing you best of luck in sorting these guys out!
Roman
More punish, punish tits or ass,
a photo is licensed under creative commons? Rather, so have the right, bravo Polish
Hi, your case has just been published in one of the polish biggest newspaper: http://wyborcza.biz/biznes/1,100896,8016144,Amerykanka_oskarza_Reserved_o_kradziez_zdjecia.html
I hope it will be a lesson for Reserved when more people get to know that they have stolen their designs…
Rockie, are you Jude? It explains your behavior.
Wykop kurwa (bo wczesniej nie bylo) ]:->
Reserved sells really low quality clothes made almost only in China, Bangladesh and so on…
It’s not only a pity, that they have stolen your picture(s) to use on really poor quality products but what they offer you know (150$) is a joke !! This t-shirt costs about 15$ and they are tens of thousands of it in Reserved stores in Poland and other countries…
In ONE store in Warsaw I found a dozen pieces of this t-shirt, so just imagine !!
Rockie: your work and pictures are worth much more than the few bucks they offer you now ! Get a lawyer and sue them !!
Sue them and make big money ; ]
I must admit, the entire matter is pretty outrageous. The “compensation” that Reserved offered is a joke – they should at least offer you public apologies and a few thousand dollars as payback.
The poor English of their response doesn’t really speak well of the company’s public relations department. As a Pole, I’m a ashamed that a Polish company uses such “shortcuts” when dealing with intellectual property. I hope you do follow the advice of some people here and give them legal trouble – that way, they won’t get the impression that they can buy themselves out of such situations with pocket change.
Żądamy zniesienia wiz do USA! Inaczej będziemy kradli wszystkie wasze zdjęcia
Just sue them for thousands, that is your right! I would not agree for 150$ a license. Tshirt prize is 10$
Take care, fingers crossed
Hi, I’m Polish designer and support you 100% in what you are doing. Their approach to the issue is absolutely appalling. How come that big, reputable company doesn’t request from contractors to prove that they have copyrights to the images they use?! What kind of contactors they have!!!
Hi, nevertheless nationalities.
Companies and people should be punished for stealing and not obeying international laws.
So I think you should go to court.
150 dollars proposition is a joke, they made hundreds of thousands, and by the law there is your share in this amount, doesn’t matter if its a big company or a single person, the law is law and courts don’t care of the status of the thief.
It is a very strict law regarding infringement of copyrights so you will have no problems with proving anything if the original is yours.
Good luck!
Keep fighting with IP bandits!
oh i have forgot to mention, you have never agreed to alter you artwork by their graphic designer, claim compensation for it !
Hey, that’s really not fair what Reserved did to you ;/ I’m from poland and seriously – I’m 100% with you, Reserved acted like assholes. I used to buy their clothes, now I don’t know what to do – maybe you’re not the only person they robbed? Maybe there are others but they don’t know that their projects were used without asking.
Stealing and calling it a “mistake” is idiotic and reserved should have acted differently.
I’m really sorry, that something like that was done by polish company ;/
best regards, keep on fighting for your rights! hoping, you’ll soon be rich
I love the slogan – ENGRISH FTW (some companies are convinced that slapping any slogan in English will do).
But seriously, GL with a court case… Let me just inform you that courts in Poland are different than those in the US, we don’t litigate about everything like you moronic Americans do. take the 150 bucks and be happy.
Greetings from Poland. Look, don’t take any money from them below 5k USD per photo. This company is an asshole and they should deal about that in more proffesional way. If You need cooperation or translation of Polish from some documents, contact me.
Marcin
150 bucks???
They’ve already made tens of thousand selling your t-shirt with your photo…
GREETINGS FROM POLAND
WE STEAL FOR A LIVING ON A DAILY BASIS
MY MOTHER COULD’N AFFORD ABORTION SO SHE SENT ME TO A SECT
WE ARE SO POOR
RESERVED IS SO POOR
I MADE SOME DESIGNS FOR RESERVED USING MS PAINT
THEY PAID ME WITH OLD YELLOW TOENAILS
Just do what you think you should do and don’t read the comments any more. Unfortunately, when my countrymen joined the discussion it suddenly deteriorated.
I like Reserved and I like your picture. I hope you will reach an agreement.
Greetings from Poland, wherever people imagine it is
Hej wykopowe kurwy! Zamknijcie mordy, odejdźcie od kompa i wygrajcie życie.
[...] “Shitty companies in far away countries with poor track records“… [...]
Shame on you, polish people!!!
Generally- I’m Polish, but in this terrible and shocking situation, we are all Americans:(
Dear,
LPP (the company who owes Reserved and few other trademarks) is not manufacturing clothes. They are buing containers of clothes and selling under their trademark. This t-shirt could have been manufactured in Hong Kong as well as in Tijuana and the subcontractor is the side to blame (they have modified your work and signed papers as IP rights owners for LPP). As a matter of fact I think that manufacturers details should be revealed by LPP and you should sue their asses.
Yes, I’m Polish. No, I’m not working for LPP : ) Good luck Rockie!
BTW. Great photo.
Hi,
House (owned by the same company) used my photo from sxc.hu, too. I was surpised to see that. Please contact me
http://www.sxc.hu/photo/1129972
http://www.sklep.house.pl/odziez-meska_777/t-shirt_850/t-shirt-meski_31795.html/s/pcreateddate
@barbra: Sama się wstydź tępa, niewykształcona babo. Jak głupim trzeba być, żeby na postawie jednej firmy oceniać cały kraj? To w takim razie całe zasrane USA to mordercy małych arabów i ogólnie największe chuje na świecie. I pisze to specjalnie po polsku, żebyś musiała mendo ruszyć swoje grube dupsko i odpaliła jakiegoś tłumacza na pewno jesteś ciekawa co napisałem. A jak to prowokacja jakiegoś wykopka to mówię chuj ci w pachy.
ME CHINESE I MAKE THIS T-SHIRT
ME SORRY
ME DO NOT HAVING OTHER PHOTOGRAPHY
ME PAY YOU RICE
MANY RICE
PLEASE GINGER LADY FORGIVE
F**k capitalismy Keep my finger cros
@joel isn’t your image on a royalty free stock site, making it totally legal for them to use it?
thanks for the support from the rest!
You stole my name, firecrotch.
barbra, please don’t extrapolate for the whole population. I’m not saying that all the Americans sent bombers over Hiroshima, voted for Bush etc.
rucam psa jak sra [cool]
I’m Polish and I think it’s just unacceptable what the company did to you. Hope it will pay a price for that!!!!!! Bastards!!!
Hi Rockie,
I’m not sure whether I am more embarrassed by Reserved’s theft or by that they have nerve to offer you 150$ for each of you work including the stolen one.
First of all, get a lawyer and sue them. You did a great job and you deserve not only a good payment for your piece but also apologizes. The sincere one and by Reserved’s response I can tell they will not get one till they will have to pay. Everybody should respects each other rights so does enterprises.
And second of all, one of major polish news webs wrote today about your case so I’m certain that Reserved will be more serious about it since now on.
Good luck and don’t give up.
PEACE!
Caroline
@ rockie
“SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!” – xchng
poor thing
I feel bad about this situation, but … DON’t blame Poles – why should you ?
and Poles .. don’t apologize for someone (why should you ?:P – it’s so silly). Nevertheless you should sue them and get your money back ! Good luck
Disregard what I posted above, I’m a dumb bitch :3
No worry girl. You will have all your loss refunded by our sore. As you probably noticed many of Poles leave here a comment and apologize for Poland.
Within a hours presidend of Poland should announce natonal sorow in Poland for what reserved company did. All stupid fuxk from Poland say sorry.
@astro yes! I see that now, silly me. They all have terrible practices and must learn a lesson.
HAHAHA
This situation is hilarious!!! Some stupid Poles apolpgizing, others Poles feel sorry and others Poles are telling to those I’m mentioned earlier not to apologize
hahahah
sorry, we have no president now. We shoot his plane down [cuz he wuz stealin' me artworkz]
Good luck Rockie, hope you’ll win this battle
offciial minimal prices (not a compenstation)
http://www.zpaf.pl/pl/content/prawa_aut/15.php
Druki na tekstyliach i inne zadrukowane materiały
(przeznaczone do wprowadzenia do obrotu)
Nakład do:
2 000 - 769
5 000 – 1025
10 000 - 1282
25 000 1538
każde następne 25 000 313
they’re bloody copycats. I am sure that was not the first case.
[...] jednak jeszcze ciekawiej bo autorka zdjęcia napisała na blogu, że znalazła się już kolejna osoba której zdjęcie zostało użyte przez Reserved. AKPC_IDS += "29559,"; [...]
Rockie, you say that you just want to get a rightful compensation- that is the USD 150 that they offer you, this is what they pay artists for using their work. What else do you want?
I think you should be happy that someone wants to use your photos and thanks to that you already gained some recognition. I’m sure this has more then compensated for all the damages (I still can’t figure out entirely what kind of damages that could be).
Unless you just smell some potential big bucks, but I’m sure you’re more then that, you’re an artist who cares about art and not money, right?
Good luck,
Pieter
How curious that this is a self-portrait. no witnesses to you taking the picture, then…
@Rockie,
You should sue the guy who had stolen your photo not the company. I’m sure when selling your photo as his own he/she signed contract with LPP where there was some kind of ‘this artwork/photo was made by me’ clause. Don’t you think?
BTW nice free advert for you and LPP.
@ All ‘I feel for you’ Poles
I feel for you, really
This is stupid , what Reserved did, but why you are negative for all poles, only peps from reserved did that… wtf…
IN THIS MOMENT, WE’RE ALL AMERICANS…
Greetings from pl!
We here also don’t like breaking the rules, especially copyright rules (it’s at last but not least our life base), what we shall present in our article about Your case: http://www.creamteam.biz/blog/index.php/2010/jak-reserved-lpp-zrobil-reklame-polska/ (unfortunately in polish, sorry).
We dislike that stupid words from company, not based, in general, on polish copyright acts.
We dislike especially, like You, that idea, co-operate now with somebody, who used yesterday Your work without Your permission… I try to find, where is trust in that business option, where was mind of that person, who wrote You that words.
LPP, the owner of Reserved brand is one of the biggest cloth producers in Poland. Your picture will now be printed on some dozens thosands t-shirts and sold for 10$ every. If I were you I would have not accepted these 150$ they propose you as a relief for stealing. I’d threten them I sue them.
Here you go:
LPP S.A.
ul. Lakowa 39/44
80-769 Gdansk
Poland
(http://www.lpp.com.pl/kontakt.htm)
On the other hand let’s not make an international scandal because of the situation
Poles are whose to blame. Why they founded such an evil company?! We have to sent our Marines there to give them democracy!
@Pieter If I allowed them to do that it would completely undermine the fact that they STOLE the image and only promote them to continue these ill-practices. I am an artist who cares about art, but I also care about the art of other’s and I want to teach these companies a lesson. That would be a slap on the hand and they would only continue to do this.
@Rockie
Didn’t they bought the photo from someone who claimed it’s his/her artwork?
@Jo if you take a look at http://www.rockienolan.com you will see that I have taken many other self-portraits. I have the archives from this shoot including the original and outtakes and will show them to anyone who is involved legally and needs to see them.
ask yourself this question. would i prefer that this whole thing never happened? of course you wouldn’t, this gives you the opportunity to milk some money (maybe o lot) and makes you extatic, doesn’t it. law should be chanched to prevent leeches like this surfacing. you sholuld be rightly compensated for your work, but according to its value. the thief should be punished by having to donate money to charity etc, but not by rewarding you thousands just because it was stupid enough and you see a chance to get rich easy (maybe not rich but definitely truing to exploit and abuse the situation. shame.
Blame Canada!
@lombardino how on earth have I exploited this situation? I posted this article in the first place in hopes to shed light on art theft (you know, the entire point of this blog….) and warn other artists of the theft so they could check the website out for themselves and see if their image could be found too. (In fact, someone else’s was and they will be contacting the company soon.) The news sites which have linked to this did not even inform me they were doing so. I am not “milking” anyone, I am simply asking for what is legally mine and informing other’s of their ill practices.
Rockie, do you do nude shots? :3
Your post is already on wykop.pl a polish rip-off (what a coincidence…) of digg.com
ameryka to jest kraj, dziewczyna ma 19 lat i juz robi zdjecia
jaki oni maja unikalny system edukacyjny, ze ksztalca takich geniuszy
no coz, w polsce nie ma takich jajoglowych, zeby miec zdjecie musimy je zajebac
@blame lol!:P
offciial minimal prices (not a compenstation)
ZPAF – minimal payments tables: http://www.zpaf.pl/pl/content/prawa_aut/tabele.php
table about minimal payments for prints on textiles: http://www.zpaf.pl/pl/content/prawa_aut/15.php
Druki na tekstyliach i inne zadrukowane materiały
(przeznaczone do wprowadzenia do obrotu)
(prints on textiles and other goods, purposed to trade)
Nakład do:
>> print run to – minimal payment (3,33PLN ~= 1USD)
2 000 - 769 PLN ~= 231USD – so reserved offer less than minimal
5 000 – 1025 PLN
10 000 - 1282 PLN
25 000 - 1538 PLN
każde następne 25 000 – 313 PLN
ps: sorry for my bad english
They can pay You 150$ when they contact You and want to buy Your photo… but when they STEAL photo, You can demand from them 150 and aditional one or two zeros (15000$) and DO NOT ACCEPT such a joke 150$, especialy when they sell one shirt for 10$. Even if You don’t want such an amount, You can give cash for example for orphans or greenpeace or whatever. Sadly, in my country, people have to learn about copyright law trough big compensations.
btw. They are already deep in shit, tha case has shown in some mainstream media http://wyborcza.biz/biznes/1,100896,8016144,Amerykanka_oskarza_Reserved_o_kradziez_zdjecia.html
Good luck with fighting with those thieves!
P!
@blame
A couple of GIs are already here
Good luck to you Rockie. Don’t bother responding or explaining to critics, they simply don’t get it.
You’ve done the right thing, and thanks to the publicity you might actually get this issue resolves and find some form of compensation.
And holy shocking when it comes to some of the polish comments. Hopefully it’s just because of the reach of the post due to the newspaper article, and lowest common denominator.
But still, aside for the obvious troll/joke posts…what a weird mixture of paranoia of attack, nationalism, and general hatred. Especially the “Jude” one….yikes…time passes and so little changes
myślę, że chwila jest odpowiednia, więc pozwólcie, że zaintonuję:
- Przybieżeli do Betlejem pa-ste-rze… (podchwytujcie!)
@qaz, yeah and don’t trip up on recently discovered gas deposits. It’s just coincidence. Just remember that democracy is most important.
Rockie, I totally understand that art theft etc should be fought with, no doubt about it. I think all of us agree on that one. But please bear in mind that if you really want to keep your photos private and only private then don’t post them anywhere! You’re a young artist who should be happy someone wants to use your photos and promote them free-of-charge.
Instead I sense that you just want to use this opportunity to cash in, which in my opinion is the end game for an artist.
Show us how great you are and make them devote the money to a charity. Will you do this? Something tells me that this ain’t gonna happen…
PS.
Please! A damage that this particular picture was supposed to be on a cover of a book? A DAMAGE?? Common, be creative, take a new one, think of a different photo for that cover! You’re an artist! Spare us a pity… Other thing is that if you really wanted this to be on a cover, then you should not have post it publicly. Or is it that came to your mind after discussing it with your lawyers?
Pat says “They can pay You 150$ when they contact You and want to buy Your photo… ”
Polish copyright haves a minimal payments,
but as compensation she can’t in polish court get 100x, maybe 10x.. maybe
and case sometimes can extend many years
so after all i have hope, you don’t resign to fight for your rights.
You are absolutely right Rockie to do what you do. Don’t let companies exploit people who publish their work on the Internet just because they want to produce their shitty clothes even cheaper.
To be frank with you – maybe that was a destiny of this pic, I, and lots of other people as it seems, would never look at it for longer than 3 seconds if not because of the reserved story that got now attached to it.
Now, I am forgetting the story and looking at it a bit longer and I can see why someone might like it. It still not my cup of tea but good job girl. Keep them coming.
You are famous Rockie! Another article:
http://www.trojmiasto.pl/wiadomosci/Kontrowersyjne-zdjecie-na-koszulce-Reserved-n39596.html
Last year, they made a profit of 121 millions PLN (~= 36 millions USD). They’ve got money.
@pieter I would take you more serioiusly if you were not so focused on insulting me. I never said I wanted my images to be private but I think we can all agree that there is a big difference between my image being posted online and my image being used for profit.
I do not have a lawyer yet but if I do hire one, I’m sure I will have to give them all of the money from the settlement.
Giving the money to charity sounds like a wonderful idea, but I doubt that it will pan out that way considering legal fees and the fact that I am a college student who could not pay for that. I’m sure an attorney will make all the money while I get little to nothing, so stop trying to guilt trip me for being “greedy” when I will probably not be receiving money for this.
I have plenty of self-promotion and they are hardly promoting me “free of charge” by stealing my picture and claiming it as their own. Yes, I am getting some sort of backwards recognition from this (by people like you who seek to harass me and try to make me seem like the bad person for wanting compensation for what the LAW says is right) but if I had not been informed of their theft, they would have never credited me. Don’t try to fluff them up to be “promoting” young artists.
I am done discussing this with you since you obviously do not respect the legal aspect of image theft and the fact that they have disregarded my copyright.
good luck with this fight Rockie, im keeping my finger crossed for You :*
as far as i know, ur not famous (really, who on DA is?), ur neither a professional photographer nor have ur own company so idk why u expect more than 150 for a photo? they wanna buy rights to it and it’s not more expensive than that.
and keep ur stuff away from the internet if u don’t want it to be stolen.
it’s hilarious
hugs from PL
dlaczego ją przepraszacie? czy cała Polska jest winna tej sytuacji? ludzie, ogarnijcie się
[...] odpowiedź z przeprosinami i propozycją pokojowego rozwiązania sprawy. Przytaczam odpowiedź za blogiem pokrzywdzonej… We appreciate the value of our own IP rights, and respect IP rights of the other creators. [...]
LPP
2009 Sales – 2,003,095,000 it’s about 750′000′000 USD
You can get a LOT OF money from that LPP theft. Ask them for at least 1MIO USD.
I’m a polish lawyer. If you want to start legal action in Poland against Reserved write to me: marcin.majdan@mmajdan.pl.
I can help you if it’s not only marketing event.
Greetings from Poland.
Jajca jak berety hehe
Nie wiem o co chodzi,
ale głosujcie na JKM!
@ula: if someone rape you should he pay you as you were prostitute?
Why people think it is ok to steal something? It’s so fu**ing common here. I would understand 5000$ as compensation AND buy some other photos for some higher price.
I really hope you will sue them. Maybe you should look for some organization or lawyer who would work only for part of money you will win?
@nickers exactly! I did not claim to be famous, I did not ever expect this type of turnout either. If you look at this blog, a typical comment amount is about 10 or so…
Anyway, fame has nothing to do with it. If a 10 year old takes a picture with her camera of something, she owns the copyright to it and regardless of establishment, if something is stolen from her, she deserves to be compensated, just as anyone does who faces copyright infringement.
Also, I’ve had plenty of people contact me through the internet LEGALLY. The internet is not the problem here. Unlawful companies who feel they can get away with anything are to blame.
Rockie, my apologies if I insulted you. That was not my intention.
I’m just giving you a reality check, that’s it. Let me stress that again- what they did was wrong and foremost stupid (I guess they have not read “Royalties for dummies”). Period. Will they pay for it, probably. Will it change something, hopefully. But try to look at yourself from a 3rd person’s perspective. So much tears and sweat over a picture? Common, really, it looks like someone did something horrible to your family. I wish you all the best in your pursuit of the justice, but bear in mind that this is just a trivial case and be happy that because of it, some totally strange people from a different continent had a look at your picture and admired it. This is your win, this is your prize.
In terms of legal matters, you won’t have to pay out of your pocket for the lawyers, they will have a bite on the successful outcome of this case. Giving it to charity won’t cost you a dime either, so don’t worry about it. All the fees will need to be paid by LPP, that’s how the court rulings normally work. So please, be so kind and show them who’s less interested in making just easy money and go for the charity girl! I would be in heaven if that happened, as that would prove to me that some folks in this country have still a back bone and balls not to jump on every bloody opportunity to make quick bucks. I believe in your purity in this sense.
By the way- nice photos =)
Once Tim O’Reily said something like that – artist’s problem is not piracy, its oblivion.
So, don’t be a kid, sell them more pictures, but negotiate your name on every shirt. Now you have some leverage. So, you’ll got some publicity. You won’t become known artist, if you sue your customers.
Well, they do buy designs from hundreds of designers. They for sure sign papers – that designer owns the rights. So, I rather believe them, that that was not their fault. It is company with something like $700 million sales and usually their cloth collection is changed every 2 weeks. So they do not bother to steal your picture. And I can understand, that they pay something like $150 for a picture which is sold on some shirts for 2 weeks. It is more money in Poland than in US, but still, how much do you expect for stock photo from unknown artist?
Hi Rockie
I think that you’ve just missed your opportunity to have your art printed in thousands of copies.
The picture itself is just fine but in my opinion it looks better being converted into the one printed on the T-shirts.
You are so right that a sentence printed along is crap.
I agree, that Reserved took a p*ss offering you $150 a picture.
As a compensation they should have offered you 600$ a picture and I think you both could get along fine.
But this is a price you could easily pay for being known as an artist.
Instead you’ll be known as a problem – causing girl.
Good luck to you Rockie
@kruuk
I would have considered accepting $150 at the beginning, but now they must pay the price for stealing (whether it is their fault or the fault of the designer they hired)
As I’ve said before, allowing them to get away like that would only encourage future theft as that money is pocket change to them. If it really hits them hard they will then make SURE all of their designers are working legally and artists will not worry about this.
I am not being a kid, I am being an artist who expects big companies to respect the law pertaining to artists and their rights.
Also, who said they sold it for two weeks? just because it was found that long ago does not mean it’s not been even longer. They have been selling dozens of these at multiple locations for tons of money. That is unacceptable, it’s theft and they need to learn.
Hello,
in Poland many companys works like this!
And LPP explanation is not truth! They prepare & create all materials “in company” so they have to take full responsibility for this!
read this:
“2010-06-01
LPP SA Management Board informs that consolidated sales revenues achieved in May 2010 by LPP SA amounted to approximately 156 million polish zloty (around 74.000.000 US dollars) and were higher than the total revenue achieved in May 2009 by the LPP SA GK and GK Artman SA 3%.”
Hi Rockie. You just CAN’T let it go. No matter whether it was done in Poland, China or Mars, the fact is a work has been STOLEN. Sue their asses!
@Pieter. Why do you assume Rockie’s bad intentions? Instead maybe you should be taking care your own work (IF you CREATE anything at all)…
BTW the copy on the t-shirt is really crap. Who designs this?!
@Pieter
Are you communist, demagogue or what?
“So please, be so kind and show them who’s less interested in making just easy money and go for the charity girl!”
LOL!
Rockie made photo – she could sell it, but in this case it was stolen
Someone used it to earn money…
So if she will get money – this money will be because of stealing her photo. Because she made some work and it was stolen.
And IT’S NOT YOUR F… BUSINESS WHAT SHE WILL DO WITH THAT MONEY
If you earn some money (by doing legal job)
then nobody would say “Hey! Give it to charity!”
Understood?
If it’s too complicated for you – then go to North Korea
Wayo, Polish, Xorcerce
Thank you for your reasonable input into this! I appreciate the support.
Surely You can sue them, and get a lot of money. Some time ago, I’ve read a story of some advert campain, that used stolen family image without permission. The family got about million dolars, so sue them. Fight for recompensate, LPP is huge brand, hope You will get the money You deserve.
As far as I understood the reply of Reserved, they bought the pictures from some agency or person, who claimed that the photo is theirs. What do you expect, that the company this big will check all the pics they are getting? Stop accusing Reserved, they are suffering more image damage than the girl is suffering because her photo was (omg!) STOLEN.
hmmm I sent you a fee infos and nothing…
ok again: contact
mgr Lukasz Redziniak
ul. Książęca 4, 00-498 Warszawa
http://www.deweyballantine.com
all the best
ok. something wrong with posts.
and all of them speaks fluently –
Check here – lawyers database (in Poland lawyer are cheaper than in US many, many times
- http://adwokaci.biz/index.php?lang=en
all the best again
@Xorcerce – don’t drag North Koreans into this. I seriously doubt you know anything more about them than what you learnt about them from media. Do you know any of them personally? Do you really think that communism turns people into some kind of subhumans that are not really worth being alive. In this case Poles should be eliminated as they are post communism product and that is probably what makes them animal-like – not being aware of LAW and COPYRIGHTS.
I have enough of this propaganda shit while watching World Cup and all sports commentators taking a massive piss out of North Koreans cuz nothing else is funny. It is exactly this type of ignorance that made Rockie’s piccy got on the, what was this company name – aah reserved, t-shirt – just mirrored…
Hi,
it is terrible that company like Reserved steal works. I’m from Poland and as I hear in our country it is easy to win in court with problem like yours.
Good luck
This company is well known thief…please go to court with that case…
And other case…
It’s not a common photo and “normal” stealing
Why?
Because someone:
1) stole Rockie photo
2) use picture of herself without her permission
// I wouldn’t like to see my face on i.e. 1000 t-shirts without my permission //
So it’s DOUBLE CRIME:
STEAL PHOTO + USE SOMEONE PICTURE WITHOUT PERMISSION
And to all people who justify Reserved:
It’s their business to check all copyrights
They made big money = they have to check all copyrights
(especially when photos are not so expensive)
And it’s not Rockie problem that this stealing will make bad PR for Reserved
And it’s not Rockie fault that her photo was stolen (!)
And it’s obvious that thief should pay (!)
And she has RIGHT for compensation
Summing up: good luck Rockie
Keep it up. Im from Poland but stealing is stealing and what’s yours is yours.
Xorcerce I think you’re exaggerating.
First of all Rockie is not an acknowledged artist. She only says she is the one.
This way everyone could be an artist.
This way we would not have Mozart tunes in mind after those ages.
Being the artist the one may be acclaimed of as a result of public acknowledgement.
Not, that she made a self-portrait and what the hell some Polish company STOLE IT FROM ME!!!
Be good
LOL
@Jay
“Poles should be eliminated as they are post communism product and that is probably what makes them animal-like – not being aware of LAW and COPYRIGHTS.”
Don’t be ridiculous. Actually, this blog is a proof how many people in western countries are not aware of LAW and COPYRIGHTS. So don’t generalize.
Your comment is very offensive.
John Kennedy said: “We are all Berliners.”
Barack Obama said: “We are all Polish.”
Polish People said: “We are all Americans.”
Hi Rockie.
The biggest and most influantial Polish daily wrote about the Reserved case today on its business pages: http://wyborcza.biz/biznes/1,100896,8016144,Amerykanka_oskarza_Reserved_o_kradziez_zdjecia.html
I’m in Warsaw, Poland and my specialty is strategic communications. If you need any PR assistance just let me know. With media / consumers pressure they might reconsider their strategy of guilt transfer (it’s not us, it’s them ugly contractors) and their financial offer which today is nothing more than ridiculous alms. And last but not least it’s not important wheter you’re an artist or city clerk. The only thing that really matters is that they’ve stolen from you.
Cheerz,
Janek
Rockie, you are no artist. Easy off, cool down, don’t make an idiot out of yourself.
You’re not an artist!
This picture is fine but as I wrote before – it looks better converted.
Have your chance (it maybe your last one) to have your so-called art printed in thousands and have it in your CV ’cause you’re gonna need it.
GOOD LUCK.
This Polish photographer has her photo stolen two times – by English “New Look” and “Chinese Smartdevices”:
http://www.photoblog.pl/zenibyfajnie/66890869
[...] przez polską firmę odzieżową i umieszczeniu go na swoich koszulkach napisał również serwis You thought we wouldn’t notice, a za nim można przeczytać na wielu polskich serwisach internetowych w tym także na portalu [...]
Hi,
I seriously doubt this particular company bothered to steal something that was worth between 100-200$. They most likely bought something from some agency in good faith. Tbh it looks like not only their PR is on holidays but all legal departmen aswell… Unless its actually weird marketing campaing…
Still, nice photo
Rockie, keep fighting for your rights to this photo. I wouldn’t like to see my face on hundreds of t-shirts either and for most of all it is thieft. So you are 100% right and there is not much more to say. All you need is a lawyer, I think is easy case to win.
By the way, I’m polish too.
Good luck!
So it is what USA will use as an argument to begin exploration of the gas shale?
@emi – nicely taken out of context – good try
@Marius
“First of all Rockie is not an acknowledged artist.”
“Easy off, cool down, don’t make an idiot out of yourself.”
“You’re not an artist!”
did you learn this tactics on crisis communications seminars?
ROTFL
if not, then propably you have to understand that
stealing is stealing
przestańcie pieprzyć głupoty na forum.
- nie podawajcie co chwile adresu spółki LPP ) przeciez wystarczy przeczytać tekst i wiedzieć,że się z nią już skontaktowano)
- nie włażcie w tyłek amerykanom bo oni mają Was serdecznie w dupie a pisząc po angielsku używając translatora tylko ośmieszacie siebie i polskę o której większość z nich nie ma zielonego pojęcia gdzie leży i jaki ma ustrój ( co można poczytać powyżej)
Litości!!
bardzo fajny pomysl na promocje marki
Hey,
I think that what may seem stupid and idiotic, can be well prepaired marketing action. Even if they willl have to pay thousands of dollars 4u it may be the cheapest campain they’ve ever made. Don’t forget that there is huge PR machine on the other side. This 150$ is funny, and indicates they want the story to be well known. First there was some news in Polish media about your blogue, but, please tel me how did you know about that?
I know such companies. Nothing is made without the strategy. I’ve worked in a huge one. There is no coincidences. So could you tell me how did yopu know that?
That’s not a nice story. ;/ I liked Reserved before and know I’m so sorry for you that they did this to you. I hope that the case will close soon and Reserved will pay you as much as you want.
By the way – I love this photo. Going to watch more… (It looks like it will make you more famous with the photos…
First, write them, that they must stop selling this product at this moment (I can check in nearby shop if they really stopped if you wish). Then it’s up to you if you wish to make contract with them or not to make any agreement (and I assume this option can be better) sue them for $150 for you and another $15.000 for charity.
If they don’t stop selling immediately (which I bet means serious loses for them), they are in very bad situation.
And those minimal payments are:
1. minimal,
2. used under normal circumstances (if they ask for your permissions first and then offer price).
so I believe you can get about 10 times more than this.
Good luck!
@Xorcerce
But ART in not ‘art’.
‘did you learn this tactics on crisis communications seminars?
ROTFL
if not, then propably you have to understand that
stealing is stealing’
“We may pay you $150 per each, which is regular price we pay for licensing such photo” – hope it is a joke. I’m from Poland and I’m very sorry that one of biggest company is just a simple thief
why are people even attempting to refute this case? there’s no denying that this photo is ROCKIE’S. there’s no denying that the company STOLE IT. they admitted that it was taken illegally. some people are saying OH IT LOOKS BETTER. OH SHUT UP STOP LOOKING FOR FAME. STOP LOOKING FOR MONEY. so what if that’s all true? even though it’s all wrong, that’s NOT THE POINT. this company/hired designer has DISRESPECTED and VIOLATED Rockie’s rights. That’s criminal and should be handled with punishment and compensation. There’s no use trying to win this case against Rockie because she will undoubtedly triumph.
Głosujcie na Waldemara Pawlaka! Tylko on zaprowadzi nasz kraj do Europy!
Hi,
LPP had almost 2 billions of polish zloty of income last year (1$ is about 3 polish zloties) so don’s hesitate to claim what’s yours.
yes, I’m also from Poland, and we don’tlike thieves.
Hi Rockie,
sorry to hear about that.
Reserved is a retail chain known for China-made crap
and for stealing ideas from creative agencies
(ie. “Thanks, we like your idea but we’ve decided to
do something of our own in the end.”, whereas in the end
the agency sees their ideas thoroughly (ie slightly) ‘morphed.’
Nice pic, though.
Pity you’re not a EU national. It would’ve been easier to sue.
HI Rocky,
i live in Poland and i used to buy Reserved clothes..
I used to…
after that what has happened i decided to resign from shopping at Reserved stores. But what is more important I want to tell You that I’m very sorry for them…
We still have to fight with stereotypes that every man from Poland is a thief or swindler because that’s what people all over the world thinks about people from Poland.
Thanks to Reserved we have start from beginning…
Once again very sorry
D.
Tylko Marek Jurek! Powiedz nie wszystkim dzieciobójcom!
[...] wykonanego przez amerykańską 19-latkę. Oczywiście, jest internet, ludzie mają oczy i mózgi, sprawa się wydała, zrobiło się głośno, a tu jeszcze rzecznik prasowy na urlopie i nie ma się jak bronić [...]
Totally agree with eB.
This is WAR….You must fight…minimum 150000 dolars in one photo. Good lawyer is the 1000% success… to keep one’s fingers crossed!!!!!
Yeah, WAR
kill them allll
one Patriot rocket will be enough!!!!!!!
Hi!
Im from Poland and from this time forward I stop buying RESERVED products.
I just want to encourage you not to give up and fight for what is yours. 150 $ is an offending offer, after theire have stolen your work.
Theves should be punished, I hope more people will start boycoting their clothes.
Good luck and live long and prosper!
JKM na prezydenta !!!!
Jedyny słuszny wybór dla Polski to Kornel Morawiecki!
Jedyny słuszny wybór dla Polski to Kornel Morawiecki! Pamiętajcie: nie ma lepszego kandydata od Kornela.
Jarek by do tego nie dopuścił, nooooooooooooo
I am so sorry Rambo. Good luck !
Fuck, I meant Rockie, sorry
MIKUSIA, I love YOU!
PS. And hate Reserved!
ajm from poland end aj em very unhappy of that situation.
ps. you are very nice and qiu gearl, god photos. i also film director and i love rossane
Nie idź głosować! Gdyby wybory coś zmieniały, dawno byłyby zakazane!
they are selling crap clothes, but they are a big company… get as much you can, like 1 million usd from uglycloathcompanyforloosers
I am Polish and I belive you are a spoiled little american girl who is lazy and is dreaming of money without working for it….I will use your picture in Krakow for few projects and if you do not like it you can sue my ass if you are smart…good luck little b^&*
I’m sorry for this situation-but I don’t think that their designer failed.
In contemporary world companies cooperate with other contractors ,and I think some of them stole your picture.
And if you want to sue you should to talk to the Law Departament of the company…
BTW-I don’t believe you are nineteen…
This is stupid, just answer this goddamn email from Reserved.
$150 is your normal price, however 1) this picture was stolen from me, 2) I’m on this picture and I do not want to be on every tshirt in Poland, 3) This picture was modified, and you do not have permission to do so.
I would like to receive $XXXXX, otherwise we will meet in court.
You look like smart person, act like one, do not waste your time posting stupid comments here.
Rockie,
you wrote:
I do not have a lawyer yet but if I do hire one, I’m sure I will have to give them all of the money from the settlement.
The store is getting bigger and bigger in Poland. I am quite convinced that you may actually find a law firm in Poland who will do the job PRO BONO to get publicity from the case – this sort of advertising would bring them more customers that if they spen thousands on promoting themselves. Good luck
Basia
Rockie,
you wrote:
I do not have a lawyer yet but if I do hire one, I’m sure I will have to give them all of the money from the settlement.
The store is getting bigger and bigger in Poland. I am quite convinced that you may actually find a law firm in Poland who will do the job PRO BONO to get publicity from the case – this sort of advertising would bring them more customers that if they spent thousands on promoting themselves. Good luck
Basia
Jedynie głos oddany na Bogusława Ziętka nie jest głosem zmarnowanym!
Hello Rockie,
I’m a young legal advisor from Poland. I specialize in ICT an IP Law. I’ve conducted many similar cases with success in Poland. I offer you a help in suing the company that breached your rights.
Please, contact me, if you’d like to talk about the issue.
Best Regards,
Rafal Cisek
legal advisor
skype: alfmelmak
rafal.cisek@nowemedia.org.pl
http://www.facebook.com/people/Rafal-Cisek/100000245550751
My references:
- Co-founder of The Research Centre for Legal and Economic Issues of Electronic Communications (CBKE) http://cbke.prawo.uni.wroc.pl/en/index.php?option=com_content&view=article&id=53&Itemid=27
- The owner of http://www.nowemedia.org.pl (nowemedia=newmedia) – the Expert’s site of law and technology
- The author of many on-line and paper articles about IP and ICT Law
- The author of two books about the mentioned issues (one – most popular – is: information goods in electronic commerce)
właśnie się zesrałem
teenager looking for a big payout
He he
)
To się “artystka” pogniewała bo inny “artysta” użył jej fotografii
Szkoda tylko, że LPP się oberwało bo nie jest tu niczemu winne!
Na jej miejscu wziąłbym te 150$ i poszedł na lody bo przed sądem w Polsce to po kilku latach procesów wielkie gówno dostanie.
A wy rodaki-buraki skończcie już z tym samobiczowaniem bo nie macie za co się kajać-bo spieprzył pewnie jakiś kitajec a nie LPP.
Here You have a “Protection of Economic Rights” in Polish Copyright Act on WIPO web site:
http://www.wipo.int/clea/en/text_html.jsp?lang=EN&id=3500
“Art. 79.-1. The creator may require the person who violates his economic rights to put an end to the violation, to return any income received or alternatively to pay twice or, in the event of deliberate violation, three times the amount of the appropriate remuneration applicable at the time of the assertion of his claim; the creator may also demand compensation for prejudice suffered in the event of deliberate violation.
2. Independently of the claims referred to in paragraph 1. the owner of rights may require the person who violates his rights in connection with an economic activity undertaken on behalf of another, or in his own name but for another person, to pay an appropriate sum of money to the fund referred to in Article 111. That sum may not be less than twice the amount of the probable profits of the person concerned.
Art. 80.-1. The court of the place in which the infringer exercises his activity or holds his assets shall be competent to hear the case of the copyright violation; the same court may, before legal proceedings are instituted and not later than three days after the person able to prove a legal interest in the matter has filed a complaint, rule on:
(1) the preservation of evidence, without there being any need to prove the risk of the evidence becoming too difficult or even impossible to produce;
(2) placing the person violating the economic rights under the obligation to communicate such information, and supply such documentary material, as may be specified by the court and may be important in relation to claims referred to in paragraph 1 of Article 79;
(3) the preservation, by means of an appropriate provisional ruling, the validity of the claims assertable in connection with the violation of economic rights, under the pretext that it would be probable that, without such a measure, the owner of rights risks being deprived of the possibility of obtaining satisfaction, even if the provisional ruling is intended to ensure the fulfillment of the said claims.
2. The court may make its ruling on the preservation of evidence or on the safeguarding of claims under paragraph 1(1) to (3) subject to the provision of appropriate security.
3. The court shall rule on the forfeiture to the Treasury of illegally manufactured copies of works.
4. The court may order the forfeiture to the Treasury of objects having served for the unlawful manufacture of copies of works, or of objects by means of which the violation has been committed.
5. At the request of the injured party, the court may order that the objects referred to in paragraph 4 be handed over to him as an advance on damages payable.
6. The objects referred to in paragraph 4 shall be deemed to belong to the person who violated the rights.
7. The court shall consider within a period of seven days any appeals lodged against decisions taken in the cases referred to in paragraph 1(1) to (3).”
Dear Rockie,
report it to the Polish police and ask them to burn all the garment produced using your photo. We had a similar story in our country recently where Disney told the police to destroy thousands of child jackets imported from China because they were using non-original Winnie the Pooh image. It’s doable. After a couple of months they burnt all the jackets. Or at least ask them for a 1 million of dollars or something to this extent. The company is traded on the Polish stock exchange. They WILL pay.
Best regards
Cezary
@Rafal Cisek
“I’m a young legal advisor from Poland. I specialize in ICT an IP Law. I’ve conducted many similar cases with success in Poland. I offer you a help in suing the company that breached your rights.
Please, contact me, if you’d like to talk about the issue”
HA HA
Człowieku weź się opanuj!
co im zrobisz? palcem pokiwasz? jak skończycie się procesować ona będzie na emeryturze!
hehe
1. I’m from Poland, I’m sorry that Poland exists!!!
2. Poland is in CENTRAL Europe. Officially, we’re not communist anymore.
3. You’re ugly.
Wam Polacky, życzę uświadomienia sobie przynależności narodowej. Gnoicie rodzimą, dobrze prosperującą firmę, tylko dlatego że jakaś, mało urodziwa, laska z Ameryki została oszukana.
@starotrampker
Grając skocznie dzieciąteczku na li-rze!
Sue them, kurwa, sue them, kapitalistyczne ścierwo
Sue them, kurwa, sue them, kapitalistyczne ścierwo
Hello Rockie and greetings from Poland
“We may pay you $150 per each, which is regular price we pay for licensing such photos”
No, this is not regular (i.e. normal) price for stolen IP (even in Poland) and LPP should take responsibility for it’s contractors, both legal and financial. What i’ve read from their letter is simply “blah, blah, blah… take some dimes and we’re clear”. No, you aren’t, and you have all rights to demand fulfillness. Just don’t go to far with your demands
I’ll keep my fingers crossed for you.
Oh, and by the way – LPP, you’ve lost another client. Great publicity :/
Show a bobs
*show a boobs
tusk i komorowski ubieraja sie w reserved
Phi. Ale mi tam zdjęcie….
Well, there already is quite a mass in Polish media- TVN24, biggest Polish news tv, kind of “Polish CNN”, just talked about Your case. And A Your photo and article about it is on the main page of the biggest polish news portal-You’ve got it linked here:
http://www.gazeta.pl/0,0.html
I think You will get a help from polish lawyers easily, because Your case is already well known.
Pamiętajcie, rodacy! Tylko Grzegorz Napieralski może nas godnie reprezentować na arenie międzynarodowej!
Nie oddamy KRUS-u! KRUS prawem każdego rolnika!
przypominamy – europride 2010 w warszawie już za miesiąc! spotykamy się wszyscy 17 lipca na ulicach Warszawy!
My guess is that you will soon receive another e-mail from LPP as a result of the article published in Wyborcza. Seems to me like the person who contacted you first was some middle level LPP employee who didn’t want his CEO to know about the whole case, so s/he offered you a standard prize plus suggested they would buy more of your photos – no need to ask the boss for extra money, no law suit, no hussle. But well… now it’s to late for them. Anyway, I think the whole thing is good for you. Even if you will not get a rightful compensation for the theft, your photos have already attracted a huge audience and this is gonna work for you, I believe. Shameful behavior of some contractor (don’t really think it was sameone inside the company) is quite obvious but this silly situation can turn out good. If I was you, instead for (or besides of) sueing for money, I’d make them replace the T-shirts with new ones with your photo printed on them alongside with the apology for the theft and link to your website. That’s what a smart company should do as the Tees are already quite famous and people would like to wear them. And for you, I guess, promotion is at this particular moment of your career more important that just a money (still, money’s always good).
And about being an artist… I really like the saying: an artist is not something you are, it is something you happen to be from time to time.
Best wishes
Wojtek
@ Eddy,
Eddy did not even know how you’re wrong. The case is evident, and the Copyright Act to the point. In such obvious cases like this are usually three hearing. But in my opinion for such a hearing does not occur because the company will go after the senses and will seek a settlement. In my opinion, the maximum amount that can be achieved is about 10.000zl. (this is about 3.000$)
Branding losses are greater in this case than the 10 thousand zl. And by the way it surprised me that it has committed to escalate the situation.
Nolan, all of Poland keeps fingers crossed for You. Your shirts are already famous, and you will soon.
Kissing
Janka without pubic hair
Hey, I’m from Poland as well, if anybody (In Poland, US or even Bangladesh) stole my picture, what is more, a picture with my face, and print it on thousands of t-shirts, making a good bussines – I would certainly sue them!That’s stealing, and whether you’re an artist or not,nobody has a right to infringe your rights. I really feel pity for all the assholes who do not consider this a crime just because you are not a known photographer worldwide – if you were I bet this would be a serious case, and the company’d beg you with thousands of $ for forgiveness not to loose their image and reputation. Everyone who says that the company is not to blame must be really naive!The company buys and they should know what they buy!check it etc. The whole situation is just rediculous.. don’t waste your time replying in here, many of those people commenting just don’t care about your case – they’re having fun. Contact sb who knows the law, then contact the company – maybe they will make a better offer and then it will be over. Anyway, do not worry too much, your photos’ve became more popular and that’s a positive, you can get a compensation or come to a beneficial agreement and that’s a positive as well. The company should nevertheless be punished for breaking the law!
Good luck and seriously, don’t waste ur time in here.
nice viral campaign. i got tricked
Bests,
Bravo Dupa ryza,ktos w koncu staną w obronie naszego przedsiebiorstwa, a moze i ono jest poszkodowane ?.Haniebne sa oferty polskich hien adwokatow szukajacych srebrnikow.Juz ich widze w czasie okupacji.Na pewno krzyczeliby Sieg Hail !!….,polaczki z malej p
[...] “- Nazywam się Rockie Nolan. Jestem 19-latką mieszkającą w USA. Poinformowano mnie ostatnio, że duża firma odzieżowa Reserved sprzedaje koszulki z moim zdjęciem” – to fragment wpisu z blogu dotyczącego ochrony praw autorskich. [...]
Ciekawa sprawa
Jakim cudem ta laska dowiedziała się o tych koszulkach?
Jakim cudem Wyborcza dowiedziała się o tej sprawie?
To wszystko jest grubymi nićmi szyte!
Oficjalne oświadczenie / Official statement
http://www.facebook.com/Reserved#!/topic.php?uid=109683628097&topic=13636
@Edek z krainy kredek -> http://nerdynotdirty.deviantart.com/ (a poinformowała polka a.k.a. http://julkusiowa.deviantart.com/
)
fuck reserved! if a company that ~GREAT~ *cough cough* doesn’t even bother to make sure the designers have the proper paperwork stating the right to use that image, then clearly they should be charged severely.
take em’ down Rockie!
Hi
I’m from Poland. And I read that LPP would pay you 150 $, maybe it’s joke or mistake , they should pay 15.000 $
Fight with LPP
Marius – Have you seen Rockie’s portfolio? These photos are of exceptional quality. The worst type of “promotion” that Rockie needs is to be blazened all over a cheap t-shirt – this was definitely not a missed opportunity. Her work is way above this level. The fact that this photo was “converted” is a travesty. You say that she “is not an artist” – With respect Marius, I doubt that you know your “stuff”. Book-mark her site and keep an eye on her career – you may learn something.
Problem is that the picture was posted on server that provides pictures to download for free (in fact if the picture is published on this server, the autor loses his copiright and a picture is free for use). The company is trying to do their best. As far as I know, they are trying to find the best way to apologise and to refund any harm that this was to author of the picture. Maybe photographer should think about how the picture get to the web with free pictures. The modern times and old copiright law – that is in short the problem.
Fight with LPP, get at least 10K$, U own all rights and they are making business based on your artwork. Polish young photographers R with U!!!
do you know how Reserved designs most of their clothes? they send employees to London to visit GAP stores, where they photograph selected clothes in changing rooms, bring back the photos and rip off the designs
but if you sue them and get a load of cash from it, the clothes prices are gonna rise. please, think of us – poor customers in Poland
do not care about some stupid rude comments up here Rocky, go fight for your rights!
good luck!
E from Poland
BTW2 I know it’s hard but try not to read these insulting comments – they are mostly kids’ with too much time on their hands. Keep up the good work. xx
Sooo, when will you make your firsth exhibition in Poland?
You are quite popular photographer in Poland now 
T-Shirts are sold out or discontinued already.
I have seen quite a number of people looking for this t-shirt in Reserved store
So, this is just marketing.
Hello,
I’m Pole…
and I’m ashamed of that situation..
150$…??? big laugh…
sue them…!!!
regards
jaa
[...] A US photographer, Rockie Nolan, who posts her work on her website, has discovered that one of her photos was used with minor modifications as a T-shirt print design by Polish clothing brand Reserved. Of course, no one bothered to contact her and ask for permission, much less offer anything in the way of a licensing payment. You can read the entire story here. [...]
HI,
I told you that will keep my fingers crossed for you, and I do, but no only.
One day I found myself on a one picture in some company webside, and I also wroted to them about that, but there was nothing to talk about… just a secretary wrote me back two times. In a first email that those pictures was made by some other company, second that is just a view of a town and it is no matter that I was there.
I know that if I would go to a court (polish court) with this case this company would be discharged. That’s why I love to help you with this case. I’m sure that you will win this case.
For example you can find here http://kfk.blox.pl description of my case and if you going to need it to win this case as a proof of companies dishonesty just contact with me(unfortunately now in polish, but will be in english)
Owe them now is that the whole world heard about you … if they bought the picture would not have heard about you. Get it now, you’ll have a chance to sell their photos too much money. Thanks to this event, you have a straight path to success.
Yeah… shame on Poland. Poland is to be blamed for this! Oh yeah and we did also make the oil spill more significant.
hi!
copyrights? of course… but what about such pics??
http://www.rockienolan.com/index.php?/photography/mind/
environmental protection? The World Society for the Protection of Animals – WSPA
Hej, hej, hej!
Komorowski jest okej!
I don’t agree with most of you !
If there would be a worldwide known person, we could assume, that the company earned money on the image of the person. Otherwise (as it is in this case) there is no “added value” of the person !
WHat’s more – I don’t believe, that the picture was stolen. There are thousands of similar (or much better !) pictures for free or almost for free ! There are thousands young, beautiful girls who dream about being “reproduced” on the t-shirts worldwide just for free !
In my opinion this is rather a problem of a graphic person, who sold the picture to the company.
It is also possible, that this is a part of the intentional marketing promotion or the person herself has sent the picture to the company (as a graphic) to try to make money on it.
These cases should be also taken into consideration while discussing the issue …
The last thing I would do is to think, that the company would make such a stupid action …
don’t fuck with polish justice. from what i’ve seen on your site you can be sued here for animal harrasment. poor little birds…
Czyżby kolejny genialny pomysł na rozreklamowanie marki??
Hi! According to the Polish law in such a breach you are entitled at least 3x regular fees used for such transactions… which according to tables of Polish Associations of Art Photographers (http://www.zpaf.pl/pl/content/prawa_aut/tabele.php) depends on the number of t-shirts they printed. Estimation of the copyright infringement compensation shall be between 750 USD (2000 t-shirts) -1500 USD (25000 t-shirts).
It does not cover moral rights infringement (Poland is the country, where these rights also apply).
Dear Polish people,
Just a very short message to you – NO ONE CARES if Poland is in the Central Europe or not. Most of the world believes it is in fact Eastern part and trying to show everyone the importance of aknowledging this as not true is somewhat pathetic. Just live with it, it is not a shame, really.
I am a Pole as well and you know what? I am FINE with being from any part of the Europe. I’ve got bigger issues to deal with in life.
As for the incident, I am not ashamed for Poland, all the companies in the world do such things and I just hope you will get as much money as you can, Rockie. This is your right and don’t be bothered by fools saying you’re looking for getting loaded. They are simply jealous.
I am only ashamed for fools from Poland posting mean things about Rockie here and mostly in Polish. Loosers.
Isn’t it a new brilliant idea to advertise a brand?
Go get them girl! 150$ it’s just ridiculous!!!! You can request many many more money from them. It’s large and rich company. Destroy them!
Rocky – I am in Poland (American) and I think you should go after them with all guns blazing. They have admitted stealing your image so it should be a slam-dunk for you unless the image was in the public domain somehow.
If you do sue them I would suggest you do so in the US as the Polish legal system is a mess and a case of this type would take years and years and many trips for you to Poland. (check with your lawyer as to what he/she feels is the best venue)
“Reserved” is a big group over here; in all major and mid sized shopping centers
Nice picture by the way. Well composed.
Best of luck with this
If you can see my email address it would be great to have you provide a status update once in a while.
Tom and Rob !
Why do you want to “destroy” the company ? And (Rob) with “all guns” !?
Do you like to destroy ?!
Do you think, that every company owner is a robber ? Do you want to send to jail all “capitalists” !?
Do you like Marx and Lenin !?
Are you communists !?
I would suggest first to THINK, then to EXPRESS your ideas …
Hi
Just FYI I worked for this company for a while. They’re known from not dealing nice with own employees & copy rights of other companies. Their design process looks like : send the designers & buyers for shopping, take pictures, change something – produce & sell.
I think it is a great chance for you to teach somebody what LAW means.
Good luck
D
Protestuje przeciw umieszczaniu dziewczat z malym biustem na polskich podkoszulkach.
For those who have brought up the pictures of the dead birds, they were all found dead and were collected and preserved by a friend who let me use them for the photographs. If you think that is weird, do a little art history research. Many artists have photographed the dead (even dead people!) It’s not an environmental concern, they all died naturally.
For those who are saying this is a marketing ploy, you are very wrong. I posted this here expecting only the attention of other artists who might have also had their work unknowingly ripped off by the brand. The news companies did not contact me until after they had published and discussed all of this for further comments on the matter. I never thought or hoped it would be this big of an issue at all. I only wanted stores to be more careful and artists to watch out for their work being stolen.
You can see from my other pictures which are self-portraits that the image is obviously of me and if you look on Reserved’s facebook group, you will see they have addressed the issue and admitted one of their designers stole it. It is not even a question of whether or not they stole it, that has already been noted. The matter at hand is when they will resolve this issue and I believe it will be very soon.
I appreciate again those who are supporting me and to those who have nothing better to do than call a young girl childish names on the internet, I pity you.
[...] Relacja zainteresowanej, wyjaśnienia LPP oraz zdjęcia są TUTAJ. [...]
Hi Rockie!
Why not to use the situation to advertise your works and do some promotion? Instead of fighting with Reserved, maybe you can ask them to add your signature under the photo on the t-shirts (and unter the other 6 photos, that they want to use).
This way you can profit as artist from this unpleasent story.
Regards,
Willy
Pozycjonowanie od 39 zł za frazę. Tylko do końca czerwca.
Greets from Poland … Gdansk, actually – that’s where the said company is based. Don’t let them get away with this! Get what’s yours! They’re well known for being lousy and unfair employers and they’re rolling in it too. One of the most successful companies in the area which relies on cheap labour from Asia and paying chickenfeed to their domestic rank and file employees. To offer you 150 bucks for the shot is a joke; some of those LPP people probably spend this much daily on lunch. Will be following your fight. Hang in there!
[...] Tak zaczyna się wpis w blogu youthoughtwewouldntnotice.com [...]
[...] Reserved. Ktoś poinformował 19-letnią amerykankę bawiąca się fotografią, że jej zdjęcie trafiło na koszulki produkowane przez Reserved. Nie miała o tym pojęcia, więc zastanawia się teraz na swoim blogu, co jest gorsze. [...]
Lilo zgadzam sie z Toba ;p
150 dudkow… Zal po prostu, co to za rekompensata…
It´s a photo that was changed though re-colouring and adding text. Thus it was used to produce a new piece of art. Looking at legal regualtions that means your chances of getting anything out of this are rather small. New art equals new copyright, and that copyright is NOT yours but the person´s who used your picture. If anyone tells you otherwise, they are quite frankly after your money. As for using your image in the sense of “you”, your chances are rather small also since you posted the picture online and thus made it aviable for everyone.
I know that most probably peaople will hate me for that comment, but that´s how the industry works. Get used to it and don´t post your stuff online if you don´t want other people to use it as a base for new work. Be happy you got some free advertising out of it.
Aniu, gdzie jesteś? Bardzo się martwimy, wróć do domu. Przenosimy się wkrótce do Lublina, a Ciebie nie ma już dwa lata. Wróć proszę, bardzo Cię kochamy.
zmartwieni,
tata i mama
Inka: You are incorrect. take a peek at the “art laws” link to the side. if you just had to add a crappy filter over something to make it “yours” people would steal famous works that are actually worth great amounts of money, paint over it and call it their own. yes, they could have taken a new photograph that looked exactly like mine but photographed on their own, and that would have been theirs to use freely, but your understanding is incorrect.
People do not hate you for your comment, only laugh at your ignorance towards how Copyright works. I have contacted the company and they have admitted to the wrong doings and are working on making it right.
Thanks for your input.
Hi
I don’t have a time to read all the comments, so may be I will double the information.
Here is the website of LPP in English:
http://www.lpp.com.pl/en/index.htm
They own Reserved and few more labels.
You should sue them for:
1. Use of your picture without your permission and licence.
2. Unauthorized use of your face for commercial purposes.
150$ for the use of the photo on a shirt is a very small amount of money even here in Poland. (I’m a pro photographer working for magazines and ads). Remember: your photo created the product.
LPP is a rich company, they have hundreds of shops across Europe.
Here you can see how many:
http://www.lpp.com.pl/en/onas/ofirmie.htm
They hire for advertising photos the best Polish fashion photographers, and models from the best agencies. This people aren’t cheap, so proposing you a mere 150$ per image is just funny.
Inka’s comment above is not exactly true. Things about which she writes could be correct if the new art will be something like a collage, and your picture will be very small part of it. But that’s not your case.
I had three cases when my pictures where used without my permission and knowledge. They were cropped, turned to B&W, the graphics were added. Each time I received good money after the first letter from my lawyer. The companies didn’t wanted to go to court.
You should negotiate with LPP. They should make an agreement with you. They can’t hide behind “third party graphic company wich worked for us”. After the agreement with you, they will have the right to do regres legal proceedings with this graphic/design company, to cover the cost of the agreement LPP made with you.
Best regards
Lucas
Greetings,
I am based in Poland and we have been following the case since our PR agency works for a variety of top law firms in Poland. Tonight, the most watched business television station, TVN-CNBC, will air an interview with a lawyer regarding this exact case and what the legal procedures are and how international and national laws come into play. It airs at 8pm Poland time. I can give you an update tomorrow regarding the outcome (in English).
You will be able to view the clip from the show after it airs on http://www.tvncnbc.pl.
Cheers!
Rich.
This is nonsense!
The’ve stolen your picture and know they want to “pay” for it?
But have they ever ask you, if you want to sell it?
So what, they can take (steal) whatever they want, and then just “pay” some silly money, IF someone will request compensation?
This is outrageous.
You have right to demand fair recompense – for theft, using your face for brand and – most of all – their insolence.
@richard
Oh yes, that would be wonderful. I would watch it myself but I am assuming it will not be in English. If you could let me know, that would be wonderful!
Is the lawyer from Reserved or just a lawyer who is discussing the legalities from a devil’s advocate view?
Thanks so much!
http://thenews.pl/business/artykul133622_polish-clothes-store-rips-off-image-copyright.html
polish, polish, polish. so what? it’s just a company. I don’t feel guilty. but… now we’re all americans. let’s play golf!
Hello,
I support your actions force the company to pay compensation Reserved. Our rights as creators, everyone should be respected. Regards, Mirek
Hi Rockie,
An unpleasant situation – such like this should not happend. Stay strong and fight with the theft, LPP is a large Polish clothing company – they should get a good lesson. Good luck !
Rafal from Poland.
Stupid situation, really. Clothing companies tend to do it but well. If you post your photos on the Internet, put watermarks on them.
I think you can get a lot more than 150 $
Get a good lawyer
Hello!
I’m a photographer from Poland and just heard on radio about your case.
I’ve seen Zlomierz posted tables of minimal payment for using photography, but he forgot about +50% when it’s used around Europe, and +100% when it’s worldwide license.
There’s also 3x multiplier if they use it without permission.
After all you should get minimal ammount like of 3k USD. You should try to get at least 10k because of interference in your art.
Best regards,
Stanislaw.
Dear Rocky
I’am afraid that Inka and Tereza are correct. You see Polish law is not only different (then US law) because it’s a different country’s law. In Poland everything is different then in US. As you should already notice Poland is in Europe. Law in European countries is based on ancient rome law (generally in the field of private law). This legal culture is called civil law, continental law etc. In US you have common law. US Common Law is hmmm…. I thinks it’s something like – “we take the most hilarious and stupid things from British Common Law and make them much more stupid then they were before” – and generally US law was developing by resolving disputes between milk and cows traders (see history of your country, you know cowboys etc.). So you should know that in Europe we don’t live with hope that someday, someone will even slightly infringe our rights that so that we could sue him and became rich. In US you can sue someone for cutting your favorite tree in Yellowstone park (cause he hurt your feelings) or even you can sue GOD (famous case). In Europe we have different approach. You shouldn’t claim that you are right and law interpretation provided to you by persons from European Union (Poland is in EU like France (you know paris, le BigMac), Germany (Mercedes, BMW)) is wrong.
You know Poles and other European Citizens have wider knowledge about world (history, geography, science) then ordinary American. I’m not a US lawyer practicing in any state. My native language isn’t English. However i know principles of US law and European law and I can communicate in 3 languages (but making mistakes). How many languages you know girl ? What is your knowledge about different legal systems and world geography ?
In my opinion LLP knows that you have poor chances to win before polish court. You have published portrait of yourself and artwork. Both are in free circulation. That’s the problem.
@ rockie_nolan
Hi,
The lawyer discussing your issue wasn’t from LPP. He is a partner in one of the biggest polish law office. http://www.chwp.pl/index.php?id=143 . He explained that in this case polish law will be applied and so you have to sue LPP before the polish court.He also said that you have some rights under polish civil code (art. 24 http://chomikuj.pl/Justyna_K82?fid=257164916) and pl copyright law.
[...] * Rocki Nolan na blogu o sprawie Reserved i wykorzystania swej podobizny. [...]
Hiya
I read about this issue on wyborcza.biz portal and i hope you will hire a good lawyer and get some good money out of this company:) I certainly plan to shop less at Reserved from now on
I see sooooo many comments that quite possibly someone already told you this, but in case they didn’t:
Reserved is just a brand, and the company is called LPP http://www.lpp.com.pl/en/ and they are a really HUGE business. Their shares are traded on Warsaw Stock Exchange http://www.gpw.pl/wykresy/wykres.asp?ticker=LPP . Actually they also own 5 other brands with stores in Central and Eastern Europe.
Get a good Polish lawyer and an American lawyer, but you should know that court cases in Poland take very long to resolve, sometimes years. Good idea to try it in the USA first.
Anyway, good luck!
Dear Rockie, I´m not ignorant, I´m a lawyer. And by the way, admitting that something is morally wrong doesn´t automatically make it wrong in the light of law. Thus the mere fact that LPP admitted a mistake is, in my opinion rather a move to calm you and more importantly the public opinion, down.
It is true that you have some rights according to art. 24 KC (civil code), but the question is, if you can proove that a personal righ was actually violated in a severe way. Art 24 lists your image and your work among other personal rights, true. BUT, since you posted your work on the internet, the chance that the court will see a real violation there is not that big. It´s far more likely, that all you´ll get will be a that LPP will be sentenced to make an offical apology. If someone would have stolen your picture out of your drawer and used it, no question, that would be a violation, but with posting things online, you actually, though unknowingly, agree to “give away” some part of your rights.
As for copyright laws, it´s all a matter of interpretation, and again, just like said, the fact that you published your work in a place that is accesable to anyone and provides the possiblity of simply downloading pictures, would give LPP´s lawyers quite some arguments that no wrong was done. As I said before, another argument could be, that the work used was a new piece of art according to art. 3 § 1 Ustawa o Prawie Autorskim (Dz. U. 1952, nr 34, poz. 234.) and thus the copyright lies with the graphic desiger that worked for Reserved. You can argue that you didn´t give your permission to use your picture (which in some cases is needed according to art. 3 § 2), but again, the fact that you posted it on the internet on a page where anyone can download it will be used against you (lost of copyright). Any if that fails, there is still art. 3 § 4 that states, that if the new pice of art is original art as well, it is not regarded as the re-using of art, but as a new creation.
I hope you understand now, why I said what I said.
*awaits rockie’s reply with bated breath*
Hej oburzeni “kradzieżą”
)
Zgodnie z 7 przykazaniem:
Pozdrawiam wszystkich komentatorów z “oryginalnymi windowsami”, u których na komputerach nie znajdziemy ani jednego filmu czy mp3-ki
Proszę Was o odrobinę samokrytyki
bzdury piszecie
@ DżiEs ‘oryginalny windows’ to troche inna kategoria. bardziej jak robin hood albo ten słowak janosik. wiesz nikt nie ma oryginalnego a mimo wszystko majkrosoft jest jedna z najbogatszych firm na swiecie hyhyhy
Inka:
Sorry but you’re either not a copyright lawyer, or a retarded one.
I’s NOT a matter of interpretation – you need to ask for copyright’s owner permission to do ANYTHING with the piece. It doesn’t matter if it’s being used to create new piece of art or is published as is. Example: sound samples. If you want to use a sample of a song as a part of your song, you need to ask for copyright’s owner (usually record company) permission. There are companies that cover such issues. Google for “sample clearance”. Fatboy Slim can be a good example here – he uses tons of samples to create his stuff.
Quote from #4 of DeviantArt Terms of Service: “Individuals who have posted works to deviantART are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law.”
Rockie:
There are two types of copyright in Poland: Copyright (prawo autorskie) and Property Copyright (Majątkowe prawo autorskie) – not sure if I translated them correctly. The first one covers the # authorship of the piece, so noone else can claim the piece as his/hers. The second type covers – to make it simple – who gets the money. And it can be a matter of a contract. Example: I make a photo, but I sell my property copyright to advertising agency. But they cannot claim themselves as authors, they will always have to credit you if needed.
Another thing: if a piece of art is used without owners permission: the compensation rate is 200% of average market price of such photo. If you can prove that they did it in “bad will” (they knew they should ask for a permission, but didn’t – see DA Terms of Service mentioned above) the base rate is 300%. But that’s only for starters, they will have to pay AT LEAST this much, no matter what amount court will rule.
Witam
walcz z nimi to kradziesz walcz Polska jest z tobą
@Inka
I must agree with Radek that if you are a copyright lawyer you have pretty skewed views. Luckily for me, I am already discussing a settlement with Reserved. If you had read the article, you’d see where I mentioned we do not plan to take this to court, so it does not matter unless they are unwilling to cooperate with the amount my attorney says I deserve. Thanks for your insights despite that they are incorrect for this situation.
@qus wrote “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
hahahahaha its true —-> stupid american people hahahah —-> “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
KRADZIEŻ Ty debilu nie kradzieSZ
its true —-> stupid american people hahahah —-> “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
OMG its soooooo true —-> stupid american people hahahah —-> “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
Rockie go home!
U dont have any chance to win ;p ;p ;p ;p ;p U are too small ;p if U know what I mean 
Rockie U know what? HAHAHAHHAHAHAHAHAHAHAHAHAHAHA
true —-> stupid american people hahahah —-> “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
ROCKY!!! ROCKYY!!! GO HOOOOOOOOOOME! U want MONEY! THAT IS UR BIG PROBLEM! ONLY THIS! AND U KNOW THAT!
RADEK KOCHAM CIE!!!!!!!!!!!!!!!!!!!!!!!!
rocky c;mon c’mon
Rockie, I recently had a similar case with a brand using my artwork without consent. I got a lot of stupid answers from them at first [like the one you got].
I have an agent for commercial assignments and she knew a lawyer who helped me for a small fee.
I got compensated the profit made on the shirt.
They can’t hide behind an employee who did this, it came out under their brand, thus their responsability.
You are never too small to fight the big guys.
ps. I’m amazed at the amount of rude and ignorant responses here. Jeeeez.
Well, they used this photo without permission so you should hire a lawer and sue them. However, there is too much fuss about this case. Major media in Poland are writing your story. And things like this happen not only in Poland. British New Look and Spanish Zara have also stolen images of some other artists in the same way.
They behaved badly so sue them, but you could do this without publicity.
Reserved is our Central European version of GAP. It’s huge company, so you deffinetly should demand some damage.
u are too small, to smalllll….to smalllllll ciiiiiiiiiiiii
nigga stole my photo!
I never asked for polish news places to cover the story! many never even told me they were going to either way or sent me a link after the fact. I posted this to this blog expecting artists to read it and make sure the same thing did not happen to them (as this whole blog site was intended for).
A few people have contacted me after they published the story and asked for my thoughts and then put them into the story, but never prior to having the story published.
I did not expect/imagine/or hope for this to be such a huge story, I only wanted other artists to watch out and for reserved to compensate me for the theft. Please don’t blame media attention on me when it was the news stations which chose to make this news covered.
I’m done leaving my comments here, I will update you all if/when the matter is resolved on the blog.
Thanks for the support again, hope no one else faces these troubles.
Rodacy! Jestescie zalosni. Przepraszacie dziewczyne z USA, ktora nawet nie wie gdzie lezy Polska. Mysle ze to nie Wy powinniscie przepraszac, no ale, pokajajcie sie, jak Polskie szafiary, ktore przeciez sa oburzone ! Żenada!
Przepraszac powinno Reserved a nie Wy.
Skonczcie z ta martyrologia.
zgadzam się z Beatą
hahahha nagle się odezwały tłumy gotowe cierpieć za Reserved 
żałosne to. Pokazujecie tylko swoją słabość i kompleksy względem ”hamerykańskiej dziewczynki”.
ktoś fajnie napisał: OMG its soooooo true —-> stupid american people hahahah —-> “So where’s this company based? Poland or Eastern Europe?”
Haha, you americans are so funny with your lack of basic education. Geography of the world means s**t to you. You know nothing but the fact that Paris is in Europe. And kids in Eastern Europe learn your history… life is seriously unfair. Name 3 countries in Europe dummy “eeee, Paris, eee England and hmmm, France”
use google translate to read this story (about you)
http://wyborcza.biz/biznes/1,100896,8024210,All_Rights__Reserved___czyli_przygoda_pewnej_Amerykanki.html
Glad to see some progress is being made here. It seems that this story has really blown up (as evidenced by the sudden jump in troll). I just want to encourage you to stick with it, and agree with LukaszZ above. Remember that your art created the photo. Don’t let them off the hook.
Its a shame what the company did, but it is also qutie silly what you do now. You post PRIVATE content between you and company. Get yourself a lawyer or take the money and delete all of this CONFIDENTIAL info. Your’e 10 or what? This is not a sandbox, but an issue with quite big company. And here in poland we have the law protecting people from being insulted, so be aware of this, please.
Rockie, you should read Mastodon comment and read and read on and on until it will get into Your mind.
Rockie – Good on you for fighting this, and it’s good to hear you’re making progress.
As for all the trolling on this thread, I’m not sure why there are so many ignorant comments about the US or her understanding of copyright law. There’s no reason for the average American to learn about EU copyright law, just as there’s no reason for the average European to know anything about US copyright. She’s an artist, not a lawyer. She probably has nothing against Poland, just the use of her work without permission.
As for US law being based on our history of cowboys…Wow, a small footnote in American history turned into a whole system of law, despite the fact that the US law system was in place pre-cowboy and Western expansion. Hmmm.
Really intelligent comments. I especially like the ones blaming the Americans for ignorance and going for racist rants. Thanks a lot, I know where Poland is and some other details about the history, like killing off the couple of remaining Jews Germans didn’t manage to kill. I’m glad I don’t live there, what a fundamentalist bunch… meh.
@tron: yeah I’m sure you’ve also heard about “Polish concentrations camp”!
Check me
http://www.sxc.hu/photo/1129972
http://www.sklep.house.pl/odziez-meska_777/t-shirt_850/t-shirt-meski_31795.html/s/pcreateddate
i sold this pic for them
my bad…
We have a similar situation … http://waniliowaarchicomedia.blox.pl/html
I live in Poland and I hate all these stupid phrases that they print on their T-shirts.As I’m a student of English Philology I would never ever buy them because of the prints-some of the sentences do not make any sense, verbs are written in wrong tenses and so on.
masz rację należy ci się odszkodowanie . jesli ktoś poza reservet cię przeprasza to jest kretynem. Nie załuję ciebie, wręcz przeciwnie zazdroszczę ci. masz szansę na popularność i pieniądze. może nawet każdy dobrze na tym wyjdzie…
i thought it was keria knightly
@tron: you’re as educated as the rest of Americans
Why are there so many ridiculous, and rude, and bigoted, as well as ethnocentric comments on here regarding this subject?!
The majority of you who left such crude comments, you are not being comical. You are acting like a bunch of jackasses. (For those who were hoping to be viewed as such, well.. you succeeded)
An image was stolen from one artist in order for another to gain profit. The guilty party should publicly apologize for being jackasses themselves as well as compensating the victim.
Rockie, I totally understand what you are saying. Having been robbed is stressful. I hope you and this Polish company come to an agreement.
Personally, I think $150each is not a bad price. However, you do have the right to negotiate a price. Don’t wait for them to offer you more, just tell them what you want for your photography pics. That is that. Also… get your work copyrighted, place the mark on all your pics and place your signature on all your art.
Every artist in the world has had to deal with thievery at least once in their lives. It is a tough situation to deal with.
Hi Rockie!
things like that happen all the time all over the world
got to settle this the best way to satisfy the victim and move on.
waiting for the happy end.
facebook terms:
For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
The price list for using rights for the pictures can be helpful in this case, but you should request much more. It is not a deterrent for anybody to pay a reglar price for something that you’ve just barefacedly tried to still, and it’s not an excuse that they “didn’t know”!
You should demand a full price + compansation and prove, that you would never wish for your picture to be used that way and in this case they should really return everything what they have earned on it…
I wish you all the best…
They also stole an idea from my sister when she had an interview there couple of years ago. She told the main designer there about Szafiarki idea, they were really surprised and asked her for the website. She never got the job, they never even contacted her altought they were supposed to but didn’t forget to use other person’s idea and start cooperating with szafiarki community straight after the interview….
Thefts nothing more…
Shame on Reserved! I used to like the brand. Good luck with fighting for your rights.
Żałość mnie ogrania jak czytam wpisy ludzi z Polski ! Za co i w czyim imieniu przepraszacie ? Po tym wszytskim pojawiają się wpisy zadufanych w sobie, amerykańskich półmózgów o treści :
hilarious
“HAHAHA HAHAHA
This situation is hilarious!!! Some stupid Poles apolpgizing, others Poles feel sorry and others Poles are telling to those I’m mentioned earlier not to apologize
hahahah hahahah”
Czy we krwi mamy skłonności do kajania się ? Bo za jedno-bądźmy szczerzy- przeciętne zdjęcie chyba nie ma warto ??!!
Dziewczyna odzyska co Jej się należy, otrzymała już zresztą przeprosiny od tego, kto zawinił, więc Wy tego nie róbcie. Nie poniżajmy się tak na każdym kroku w poczuciu niskiej samooceny. Oni nawet nie wiedzą gdzie Polska leży, a Europę mają za kraj !!!
LPP SA doesn’t want to pay you this money and they told to employeers to do it. Each shop who sold any t-shirt need to pay 1000 PLN. I think it is parlous. LPP SA is a big company and they should pay for their mistakes! That is not shop assistants’ fault…
Rockie,do you know where Poland is?:)
Sorry for my english…
Reserved on Facebook claims, that they have signed an agreement with Rockie Nolan with, according to their words “two-way contentment”.
Nevertheless, I should stress that in poland violating of athor’s rights is also a criminal act (I’m not sure, but the price for what they did to Rockie Nolan is up to 3 years in jail). And that the perpetrator should be pursued by law for that. Therefore I would suggest to inform polish prosecutor.
This photo is shitty, much ado about nothing!
Prawdziwy Amerykanin jest dumny ze swojej ojczyzny, USA, która pokonała Hitlera w wojnie wietnamskiej w Czeczenii!
A true American is proud of his homeland, the USA, who defeated Hitler in the Vietnam War in Chechnya!