Are Cody Foster’s Fingers Sticky?

ATTORNEYSCOTT COMMENTARY:

It is a tale almost as old as time itself – an independent artist is ripped off by a large company, and that large company monetizes the artist’s work, and profits greatly. It is as if the large company thinks that the conduct will not be noticed. Often, though, with the help of technology, such theft is identified and public scorn (and the law) are brought to bear on the guilty party. Is this such a case?

-Attorney Scott ([email protected])

***

Dear YTWWN:

Not much that needs to be said about this. The picture says it all.

 

 

 

A killer copy of a killer cupcake? And more!

ATTORNEYSCOTT COMMENTARY:

Below you will find a case of multiple designs, including a delicious but scary-looking baked good, that are alleged to be lifted by another artist, and offered for sale online. Inspiration or theft?

-AttorneyScott ([email protected])

***

Dear YTWWN,

My name is Kimberly Hart and I have been sculpting things from polymer clay under Monster Kookies since about 2008. In the past few years, I have had a problem with a copycat that calls themselves Devilish Designs. Strangely enough, our slogans even sound similar. Mine is “The mad scientist of polymer clay!” and has been that way for, well… pretty much since I began. Hers is “The crazy crafter of polymer clay”.

Anyways. It’s not that she has copied just one or two of my designs – she has copied almost every single one of my concepts. She has stolen my MechOwlie, Steambunneh, Apoctopus, Tentacle Cupcake, Killer Cupcake, Mechanical Jellyfish, Mechanical Birdie, Squ33x, Companion Heart, Pokeheart, etc…

It really IS an awful feeling, you know… to be watched and stalked and then have every single one of your designs ripped off, copied badly, and then sold for a cheaper price.

I’ll let the photos do most of the talking, here.

I’ll give you some examples that I pulled up from Etsy:

My Etsy Shop: Monster Kookies – monsterkookies.etsy.com
Their Etsy Shop: Devilish Designs – devilishdesigns.etsy.com

Example #1 – Killer Cupcake

Monster Kookies: https://www.etsy.com/transaction/45348591
Devilish Designs: https://www.etsy.com/listing/115298972/killer-cup-cake-kawaii-necklace-polymer

Example #2 – MechOwlie

Monster Kookies: https://www.etsy.com/transaction/67306484
Devilish Designs: https://www.etsy.com/listing/114442135/steampunk-owl-industrial-freestanding

Example #3 – Apoctopus

Monster Kookies: https://www.etsy.com/transaction/47606697
Devilish Designs: https://www.etsy.com/listing/111024521/octopus-steampunk-industrial-pendant

Example #4 – Pokeheart

Monster Kookies: https://www.etsy.com/transaction/115697484
Devilish Designs: https://www.etsy.com/listing/122933759/i-heart-pokemon-geekery-pokemon

Example #5 – Companion Heart

Monster Kookies: https://www.etsy.com/transaction/58545206
Devilish Designs: https://www.etsy.com/listing/117725001/heart-shaped-companion-cube-portal

Example #6 – Steambunneh

Monster Kookies: https://www.etsy.com/transaction/97503858
Devilish Designs: https://www.etsy.com/listing/114441478/bunny-rabbit-freestanding-steampunk

Example #7 – Squ33x

Monster Kookies: https://www.etsy.com/transaction/103917117
Devilish Designs: https://www.etsy.com/listing/113304205/steampunk-mouse-freestanding-industrial

 

Example #8 – Mechanical Jellyfish

Monster Kookies: https://www.etsy.com/transaction/34698800
Devilish Designs: https://www.etsy.com/listing/119471443/steampunk-jellyfish-small-industrial

Those are all the Etsy examples that I can give you, but there are many more if you compare our galleries:

Monster Kookies Website: http://monsterkookies.com
Monster Kookies Gallery: http://monsterkookies.deviantart.com/gallery/
Monster Kookies Facebook: https://www.facebook.com/monsterkookies.creations

Devilish Designs Website/Gallery: http://www.devilishdesigns.co.uk/
Devilish Designs Facebook: http://www.facebook.com/devilishdesignsartisan

 

See Art, Steal Art?

ATTORNEYSCOTT COMMENTARY:

Below we have a situation where a painter appears to have appropriated the work of a photographer to create his “own” version of the photographed content. For photographs, the angle, the composition, the lighting, and the other creative elements captured on film are subject to protection. Has the painter taken these things from the photographer?

And remember, folks, you cannot take the creative expression of a work by transferring it to another medium.

- Scott A. Burroughs, Esq. ( [email protected] )

***

Dear YTWWN:

Quoted from the artist “STUNTKID’S”  FB page

“Walking around Art Basel, this weekend I came across a few pieces in the Scope show that looked pretty familiar. There was a sampling of 3 pieces presented by the Robert Fontaine Gallery all by the same artist. I recognized my photography in two of them and the third was a copy of my good friend Marie Killen’s photo. When i got home a quick google search reveled that nearly his entire body of work was comprised of other peoples photography. No credits were given, though that wouldn’t have put the artist in the clear. Josafat Miranda hadn’t bothered to change the composition or content in any appreciable way, even though that too would not have put him in the clear.

For me, photography was a hobby, something i did for fun. But it was art. These weren’t candids, they were carefully composed, edited photos. The model traveled, did her makeup and helped style the shoot. Put simply, it was a collaborative artistic endeavor by me and the model Tracy P

Marie Killen is a wildly talented photographer living in North Carolina. Photography is her passion and craft and she does it extremely well. In my opinion she’s one of the best photographers in her genre. Her shoots require far more work and planning than mine ever did. She’s developed, through hard work and practice, a recognizable style.

What Josafat Miranda has done here reveals a total disrespect for photography as an art form. He’s quickly and with very little creative altercation, harvesting the yield of someone else’s hard work. What makes a painting strong, isn’t just the brush strokes and the rendering method, more, much more, than that is the composition, the subject matter and the hundreds of creative decisions that go into making an original piece of art.”

Josafat Miranda
https://www.facebook.com/pages/Josafat-Miranda-Studio/152757964766167

Marie Killen:
https://www.facebook.com/pages/Marie-Killen-Photography/107005579349771

Is this plagarism? you be the judge! the discussion started here

http://www.facebook.com/photo.php?fbid=10152349056570232

 

‘Tis the Season to Appropriate Art?

ATTORNEYSCOTT COMMENTARY:

The cut (or silhouette) of a shirt, dress, tunic, tank top, or any other clothing item is not protected by Copyright Law in the U.S. of A. (though there is pending legislation that may change that). The graphic artwork on that clothing item, however, is subject to protection just like any painting, drawing, rendering or other form of 2-D artwork. The degree of protection that will be afforded that graphic artwork varies from thick protection to thin protection depending on the design at issue. In the below case, though, it looks like the alleged infringer took the whole kit and caboodle, which would make this a very sticky legal situation indeed.

- Scott A. Burroughs, Esq. ( [email protected] )

***

Dear YTWWN:

Not much to say here. As a fashion graphic designer myself, I was a little shocked when I walked into General Pants and saw this on the weekend. Something Else have directly ripped off independent artist Katie Scott, with absolutely no changes to the design. See below.

From the General Pants website, Something Else “Curiosity” tank:

From Katie Scott’s website, titled “Magic Science”:

 

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