Category Archives: Uncategorized

A Semi-NSFW Skater Grrrl Rip from France?

ATTORNEYSCOTT COMMENTARY:

Artists have been creating renditions of the female form for as long as drawing instruments and blank space have existed. Indeed, way back in the caves of our forebears, one could find hirsute visionaries etching pictures of their cave-mates (or maybe a particular fetching cave-neighbor) into the rock and dust walls.

So, it need not be said that no artist has a monopoly over being able to create art depicting women. An artist’s particular expression of that woman, however, is subject to protection. This protection will not cover the basic elements of lady-dom (such as having two eyes, two arms, et c.), but will cover the artist’s unique depiction of these elements and the choate whole of the work. In France, it is averred that one artist went too far in taking such a unique depiction.

-AttorneyScott ([email protected])

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Dear YTWWN:

The artist, SPAZZ, has been an illustrator and painter for at least 20 years. He designed a skate deck graphic for Freedom Fighter Skateboards which proved to be extremely popular.

He was later contacted by Pidivi Wakeskate in France, who sent over their “version” of his skate deck graphic artwork, wanting to use it on their products. They offered no compensation, and after he declined the offer, they used it anyway. This is a clear, knowing rip. The images are below.

- Reader

ORIGINAL:

PIDIVI ART:

The Right to Reproduce and Prepare Derivative Works

EB RIP

ATTORNEYSCOTT COMMENTARY:

One exclusive right granted to artists is the exclusive right to make copies of their work, and to create derivative works based on their work. See 17 USC 106(1)-(2).

This right can be construed very literally by the Courts. That is to say, if a third party creates a single copy of the artist’s work, an action for infringement may well lie. Below we have a case of an artist who may have engaged in such copying.

-ATTORNEYSCOTT ([email protected])

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Dear YTWWN:

I was reviewing SUBREAL’s portfolio and couldnt’ help but notice these blatant copies. He is apparently a professional artist and shold really know better. See below for the two copies I noticed before I became too ill to further browse “his” work.

- Reader

Images below:

Rawr!

ATTORNEYSCOTT COMMENTARY:

Today’s post, submitted by an eagle-eyed reader from across the pond, raises the interesting issue of artwork depicting naturally-occurring flora or fauna (in this case, fauna, or animals).

Clearly, an artist is not allowed to preclude others from copying the basic elements of an animal: the fact that it has antlers, or hooves, or a particularly- shaped head. But, an artist is allowed protection over its creative additions to the animal, such as the specific way it’s parts are depicted, the manner in which it is posed, and so on. Below is one such animal, and a potential lift. Take a look.

-AttorneyScott ([email protected])

***

Dear YTWWN:

I spotted a flyer for UK festival ‘Camp Bestival’ last weekend, and the motif of the tiger balancing on the ball looked very familiar. It seems to derive from Hubert Hilscher’s 1970s poster, advertising Poland’s state circus.

I wasn’t impressed at Camp Bestival – their version isn’t even very nice.

See below for the comparison:

When Copyright and Trademark Law Collide, Things Get Furry

AttorneyScott Commentary:

Copyright law and trademark law are two different branches of the intellectual property tree. The key distinction between the two is the type of protection afforded, and who the laws seek to protect. Copyright law protects artists from having their artwork used without permission. Trademark law protects consumers from buying products that do not originate from the understood source, and companies from competitors trying to trade off their goodwill. In other words, if a consumer buys shoes with SWOOSHES on them, the consumer should be able to rest assured that they came from Nike.

Sometimes, though, a work will be covered by both of these wonderful regimes. That is, a trademark, meant to  protect the consumer, will be artistic and creative enough to also enjoy copyright protection. We may see such a work below.

And this work, the evidence seems to show, was swiped by those endorphin-loving running men (and women) up in Berkeley. Such an infringement would surely give paws to any artist. Independent creation could also be afoot, though, so we will have to grin and bear it for the time being.

-AttorneyScott ([email protected])

***

Dear YTWWN:

Since at least 2010, Gus Trans has been using the below-pictured (and adorable) bear as its logo, designed by Flooris Voorveld. Sadly, it appears that The Berkeley Half Marathon is now using an identical logo for their event and merchandise. Pretty blatant.

 

 

Additional evidence can be found below:

http://www.gus-trans.de

http://berkeleyhalf.com

http://www.florisvoorveld.com

https://www.facebook.com/BerkeleyHalfMarathon

http://revawear.com/collections/berkeley-hm

https://web.archive.org/web/20101020131646/http://www.gus-trans.de/en/


A Straight Shot of Misappropriation

LifesShort-graphic

ATTORNEYSCOTT COMMENTARY:

More world-wide flair in today’s installment. A Danish company has apparently knocked off a German artist by lifting typography from the German’s flask design. Were this a U.S. case, the original artist would have little recourse, as the U.S. Copyright Act currently offers no protection for fonts and typography, which it considers to be utilitarian and not artistic. This is the case regardless of whether it is a standard font or an elaborate graffiti work. See below for the font-y tomfoolery.

-AttorneyScott ([email protected])

***

Dear YTWWN:

As a designer I really enjoy your blog. I thought I’d share a knock-off that I recently came across.

This t-shirt found on: http://www.frontlineshop.com/revolution-men/

Produced by:

RVLT/revolution

(est. 1996 )

Designer: Christian Katballe

Aarhus, Denmark

http://rvlt.com/

Appears to be a direct copy from The Dudes’ mini-flask design:

http://www.dudes-factory.com/world_dollar/thedudes-miniflask-0103000924.html

See below for a side-by-side comparison:

 

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