ATTORNEY SCOTT COMMENTARY
The below case (assuming it is indeed an infringement) highlights the not-uncommon scenario in which an artist is induced to infringe the intellectual property rights of another. What tends to happen in these scenarios is that an artist is given “source material” to which the giver indicates rights have been obtained (or says nothing at all), and the artist is instructed to modify or adapt it. Assuming that the giver does not have the rights to the “source material,” what results is an unlawful derivative or composite work, which is an infringement of the “source material” artist’s rights.
What is the responsibility of an artist asked to adapt “source material” by another party? Should the artist confirm that the material was properly obtained, or is there an assumption that “source material” would not be provided if it had not previously been licensed, obtained, or otherwise cleared for use?
-Attorney Scott ([email protected])
I had a surprise today when a friend send me an email with a link of Marc Ahumada’s behance page. It figures a project called ‘Monitoradio Advertising‘, a job he was called up to do for a radio station from Perú called Monitoradio. The main character of the graphic identity is taken from a drawing that I had made years ago for my website. I contacted the designer and he told me that the people from the radio station gave him the logo for him to do the advertising, so apparently he has nothing to do with the ripoff.
There is nothing I can do since I don’t live on that country, but I don’t care. I just want to make sure people know where the monkey comes from.
Here is my original design:
Apparently the cans that he uses on his project are also a ripoff from a Coca Cola redesign proposal.
Marc Ahumada’s cans:
The Coca Cola cans: