Showing posts with label Copyright. Show all posts
Showing posts with label Copyright. Show all posts

Ricoh Copies?


Keyboard Characters Set.

Four years ago I created a unique self-promotional product I called Keyboard Characters. It was a fun set to create and worked really well as a self promotion for my business.

I still give them out at speaking engagements even though Apple has changed the modus operandi on keyboards so you can't insert stuff like your use to be able too. And I still have about five boxes of them sitting in my closet at home. ;-P


"Pet Monster" Keyboard Character.

Since I have them posted on my web site I periodically get email from art directors or creative directors who request a set. When I get a request like this I always send them one and include a few tear sheets as well. So in that respect it's still serving as a promotional item for me.

Around September, 2008 I received a phone call from an ad agency in New York. The person asked if I could send them two sets of the Keyboard Characters. I did and included some tear sheets. Nothing ever came from it and soon I forgot all about that brief interaction.


Ricoh Ad showing artwork in question.

Around February, 2009 I received an email from another designer asking me:

"Did you do some illustration for Ricoh?"

I told them I hadn't and they responded "Well I saw this ad in a magazine and it looks just like your character."

When I saw this ad I got that sinking feeling in my stomach, you know the one that happens when you look in your rear view mirror and a police car is right on your bumper.

It turns out that the agency (I'm purposely not naming names) I had sent two sets of Keyboard Characters too was the same agency that handled the Ricoh campaign for the C900 in September, 2008.

They didn't simply copy (pardon my pun) my art and use it, that would be easy enough to deal with. What they did is borrow the concept and equity (segmented multi-colored monster) of my art and exploited it for their own work. And they didn't even do a good job at that.


Ricoh "Scary!" campaign for C900.

I've talked to my copyright attorney about this and he agrees that it was definitely derived from my work but I have no way to prove it. In other words if I would have sent the Keyboard Characters via UPS with a tracking number and receipt that would have sufficed to prove it.

Since I posted this I've been contacted by a lawyer explaining my opinions and I'm now pursuing that course of action. Thank you for helping me understand how I can address this through official circles, I appreciate it.

I think anyone with an ounce of common sense can discern the source however, so I'll leave it in the court of public opinion.


Hostage quality photo of Ricoh brochure.

This summer I got another email from someone containing this image of a Ricoh brochure showcasing this character art again. Every time I think about this it pisses me off. I know someone, some where had to reference my design in order to create their own B movie version of it.

I debated whether to even post about this or not. But over the last year I've had numerous other people email me who have seen the original ad and thought I had done the monster art. Its like having a scab that just begins to heal and than gets snagged on something and ripped off again exposing the original wound.

So I decided to post about it, and see what others thought.

Graphic Heists


The original "Tribal Face" illustration.

Recently I've had a handful of infringements take place regarding my tribal artwork shown above. These types of situations tend to happen in clusters for some reason?


My tribal art hacked and sold on Shutterstock.com.

This is now the second time shutterstock.com has been caught selling my artwork on their site without permission. Last year the same thing happened with my hawk illustration and it turned out to be some design weasel in Serbia.

At least this time shutterstock.com removed the art pretty fast. But it makes you wonder what their vetting process is.

If you're curious what if any recourse there is, there isn't. This is due to the inadequate and weak DMCA. Corporations like shutterstock.com can hide behind it and as long as they remove the content when notified, they don't have to reimburse the copyright owner. (Thank you very little President Clinton)


Tribal art tattooed on some dudes arm.

Most of this arts infringements come via tattoo applications. The majority of these type of usages never get my permission, but thankfully some do.


Tribal art tattooed on some persons calf muscle.

I'm often asked "How do you locate these?" Well, most of the time I don't. For example with this specific tattoo my fellow design friend in Portland spotted this tattoo on a guy in the same store he was shopping at and asked if he could take a picture of it with his iPhone. He then emailed it to me.

Talk about walking portfolios.


Tribal art ripped and bedazzled by Diamante Transfer.

I've seen this art stolen in almost every way imaginable in the last five years but this was the first time any of my art has been bedazzled. When it's a company infringing I have to send out an official DMCA Infringement Letter. This usually does the trick without any further followup.

If some of these companies would just approach me I'd be willing to work out a fair licensing agreement with them. And the price I charge for tattoo usage is very reasonable.

In 2009 I had to deal with a total of "72" individual infringements. It got old quick. Thankfully 2010 hasn't been quite as bad, but it's still higher than I'd like at "33" infringements to date.

FYI: For information about my stock tribal designs or to have me create a custom tribal design for you visit VonsterTattoos.com.

Blog Archive