Copyright For Artists - Lisa Congdon Artwork
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Some of yous may hollo upward my post service Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.
Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.
Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/
Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.
I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
Look inward item at the in conclusion example
For this ane - it's definitely worth noting that:
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.
Look at the master copy on the Thomas Allen spider web log You tin run into where he has drawn horizontal in addition to vertical lines betwixt the photograph identified equally copyright Mark McCullough in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover in addition to now available equally a impress inward her Etsy shop |
For this ane - it's definitely worth noting that:
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.
Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.
A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Copyright for Artists - Congdon vs Cody Foster published after a mini viral tempest almost copyright infringement on the Internet generated past times Lisa Congdon (Today is going to survive awesome).
[This post service was revised in addition to updated 26 July 2016]
This was followed upward past times 2 posts past times Brian Sherwin:
- Let's Have an Ar(t)gument: You stole my idea! Lisa Congdon vs. Cody Foster & Company which reviews the legal arguments in addition to the potential evidence. It seems in that location are lots of potential issues the claimant volition demand to address
- Lisa Congdon vs. Cody Foster: What almost the photographers? At this betoken it became clear in that location was rather to a greater extent than to the storey when it comes to alleged "copyright rip-off"! Again the images - of photographs compared to illustrations past times Lisa Congdon - are rattling persuasive.
The latter has at nowadays generated 550 comments in addition to is at nowadays ane of the most extensive discussions I've seen on the Internet related to copyright infringement, the rights of photographers non tobe copied in addition to the whole thorny topic of derivative works
For illustration - Comment 424
I think it's fair to say that many artists, peradventure fifty-fifty the vast bulk of artists, are dangerously unfamiliar amongst copyright law. They think such things equally "It's on the internet, hence I tin utilization it."
Or "If I modify it 10 per centum (or xx per centum or xxx percent) in addition to hence it's legal."
Or "I'm changing it from a photograph to a painting. That makes it okay."
Or "My run is stylized (like Congdon's) in addition to because I don't run realistically I tin utilization photos without violating their copyright." (Try telling that to Shepard Fairey.)
Or "If I build a sculpture (or an ornament) from a photo, I'm changing it from 2D to 3D, hence that's non a violation."
Or "I'm solely using this photograph inward a larger work, hence it's okay."
Or "I'm solely using a part of this photo, hence that makes it okay."
Or "I'm exactly a pocket-size fourth dimension artist." Or a hobbyist. Or my catch is pure. Or everyone does it. Or no ane volition notice.
NONE of these is a defense strength inward a courtroom of police push clitoris if yous rip off a copyrighted photograph to build your artwork.
One ready of comments related to an artwork past times Mathilde Aubier which it appeared had been copied past times Lisa Congdon. The allegations - in addition to the artwork - receive got at nowadays disappeared from view but the tape of what happened remains inward the comments.
Influenza A virus subtype H5N1 courtroom instance about the appropriation of a photograph has also been quoted - the reference is Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (http://jon-atkinson.com/Lemurs.html) that Lisa Congdon has copied.He followed upward with
I tin categorically province that Congdon did non asking or receive got rights to utilization my photo. All of my images receive got embedded watermarks that present they are copyright protected hence she was fully aware that she did non receive got the rights to utilization it.
On contacting Congdon directly, she apologised (i.e. admitted guilt) in addition to has later removed my paradigm (and past times the looks of things all the others).
I am pleased to say that Lisa in addition to I receive got negotiated an amicable, retrospective, licensing in addition to hereafter royalty understanding for the utilization of my paradigm which is based on my touchstone fees. As such Lisa tin at nowadays utilization her illustration of my Lemur paradigm for commercial purposes across the Web.So, inward effect, he's achieved the minimum that whatsoever lensman or creative soul should await for amongst abide by to whatsoever utilization of their images without permission - equally an option to consummate removal from the web.
A comment - in addition to a podcast - from Fresh Rag
Last calendar week nosotros had The Copyright Quagmire Between Lisa Congdon, Cody Foster & the Art Community which is a podcast on Fresh Rag. It's the longest episode they receive got ever done. It includes:
- an interview amongst an intellectual holding lawyer Tamsen Horton, who has specialized noesis inward copyright law
- Mark Brickey of Adventures inward Design Podcast to verbalize from the professional’s betoken of view.
- All the sites referenced inward the podcast tin survive found inward the spider web log post.
His determination - equally context for the podcast (the good version of his blog)
The Copyright Quagmire Between Lisa Congdon, Cody Foster & the Art Community - Podcast
I should province that my ain thought almost artists tracing images for their ain fine art is non something I’m overly concerned with, but yous should receive got the rights to utilization the images first, whether purchased, or through Creative Commons.
However, when an creative soul claims those same copied illustrations are their master copy idea, in addition to and hence goes after some other fellowship for essentially doing the same thing, I experience it becomes of import to expose the hypocrisy. I exercise non aspire to tear other artists down, but nosotros demand to survive equally accountable to our actions equally nosotros await corporations to survive toward artists.The role of the Copyright Alliance
What I receive got also found rattling interesting is the agency the Copyright Alliance are treating this story.
Copyright Alliance is an organisation which deals amongst copyright matters in addition to representing the interests of people who create master copy items which taste copyright protection.
The Copyright Alliance is a non-profit, non-partisan populace involvement in addition to educational arrangement representing artists, creators, in addition to innovators across the spectrum of copyright disciplines, including membership organizations, associations, unions, companies in addition to guilds, representing artists, creators in addition to innovators, in addition to thousands of individuals.Back inward Oct they did an interview amongst Congdon - see Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Copyright for Artists. This provides links to data available online almost copyright, trademarks in addition to brands for artists. Specifically:
- Copyright in addition to artists' rights
- How to protect artwork online
- How to exercise a opposite paradigm search - If yous desire to uncovering out whether somebody has created copies of your photos or artwork on the Internet
- Global Conventions on Copyright This includes links to authoritative national websites in addition to diverse bodies dealing amongst copyright matters. These include advice on what what to exercise inward your province if your copyright is infringed.
Blogs post service almost Copyright on this blog
- Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Pinterest revises TOS in addition to addresses copyright issues 24 Mar 2012 The Pinterest squad has decided to endeavour in addition to address the rattling existent copyright concerns of visual artists, photographers in addition to othersFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Takedown: How Pinterest moved fast to take away my pinned images (#2) 01 Mar 2012 Do yous desire to teach your images removed from Pinterest rapidly in addition to easily? If yous exercise read on. This is Part 2 of my post service almost remedies to the occupation of images appearing on Pinterest without permission.Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (How Pinterest removed all my pinned images inward minutes (#1) 29 February 2012 This two-part post service is almost remedies to the occupation of images appearing on Pinterest without permissionFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Pinterest: How to forestall your Flickr images from existence pinned 26 February 2012 This post service explains how to forestall your Flickr images from existence pinned - past times changing your site preferencesFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Pinterest: How to forestall your Blogger images from existence pinned - Making a Mark 24 February 2012 This post service explains how to halt images on your Blogger spider web log from existence pinned to a Pinterest site - past times inserting a meta tag inward your Blogger template.Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Consultation on Remedies for Copyright Small Claims (USA) 10 January 2012 The importance of orphan plant for photographers in addition to artists is that digital images tin easily move detached from their proper accreditation - in addition to income tin survive lost in addition to the property value damaged equally a result.Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (UK Copyright police push clitoris to survive reviewed (2010)Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (The divergence betwixt "copyright free" in addition to "royalty free" 16 December 2008 A royalty is a agency of earning revenue income from a copyrighted work. Artists tin licence reproductions of their work. Most accuse a fee equally a royalty payment.Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (National Portrait Gallery versus Wikipedia - Round Two! July 17, 2009Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (You cannot copyright nature 07 Sep 2009 If yous create fine art from nature, exercise yous know what the elements of your ain run are which sets it apart from what nature created?Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Art competitions in addition to copyright - the AWS Gold Medal debate This is a lengthy post service highlighting issues relating to the utilization of reference photographs for artwork. It references the tilt regarding the AWS Gold Medal 2008 in addition to reviews issues inside a wider context in addition to is of relevance to:
- art societies which receive got to bargain amongst disputes almost copyright
- artists selling run or entering competitions amongst artwork based on a reference photograph taken past times somebody else, and
- artists who run inward a hyperrealistic/photorealistic way.
- Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Statement on AWS Gold Medal tilt from PresidentFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (American Watercolor Society Gold Medal - the in conclusion verdict on Sheryl LuxenburgFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Making a Mark: AWS golden medal tilt - the in conclusion wordFriedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Visual artists in addition to Copyright inward the Knowledge Economy (2008)Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (To re-create or non to re-create - what is the law? 24 May 2007 you cannot re-create what yous similar only because it's on the cyberspace in addition to accessible. Copyright police push clitoris applies to the cyberspace in addition to blogosphere in addition to those who discover on it.Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Blatant breach of copyright past times Deviant Art Member 31 May 2006Friedman v. Guetta – Copyright Infringement, Fair Use, in addition to “Meaningless Art.” - in addition to is rattling definitely worth a read if yous are an creative soul who copies the photographs of other people.
However in that location receive got been further developments and one of them, from Thomas Allen (Thomas Allen Online) caused my jaw to drop..........
This is of import in addition to it's educational - peculiarly if you're non equally good hot on copyright!
Beware - this is a rattling long post service amongst lots of links.Go teach that hot drinkable in addition to uncovering a comfy chair now!
More identified sources
Finding the reference source for Congdon artwork seems to receive got turned into something of a hobby.
On Lisa Congdon vs. Cody Foster: What almost the photographers?, ane of the comments - Copyright comment 377 - lists a number of sources for images which apparently receive got been used past times Congdon. Although to survive honest, a number of the alleged sources receive got themselves picked the paradigm upward from somewhere else.Thus nosotros receive got the comment
Lisa's Highland Cow;
http://www.etsy.com/listing/59806832/highland-cow-print
Highland moo-cow photograph (This paradigm should survive flipped horizontally);
http://www.menopausemaniac.com/03-28-2012/pink-slime-contributes-to-economic-decline/Whereas I took some other facial expression in addition to found the Balnafettach Farm website which has highland cattle in addition to seems to survive the master copy source - run into its breed history page. Take a facial expression at the highland charmer on the correct mitt side!
A comment past times the LA Times
This article Cody Foster responds to copycat accusations in the L.A. Home department in addition to highlights a declaration past times Cody Foster
"Cody Foster & Co. acknowledges that a pocket-size number of products inward our catalog of to a greater extent than than 1,800 items comport strong similarities to ones existence sold past times others. When this number showtime came to our attending inward mid-October, nosotros forthwith pulled those products from our catalog in addition to offered refunds to whatsoever of our customers that asked for them. We deeply regret whatsoever harm nosotros may receive got inadvertently caused to our customers in addition to the creative soul community at large. We are instituting novel processes in addition to procedures to trim down the likelihood that this happens again.Note in that location is no reference to who the injured parties were or whether in that location was whatsoever short town which went beyond an apology in addition to a withdrawal of the stock from their store.
"Our explanation for how this happened is simple, though non excusable. Unfortunately it occurs regularly inward this industry. Documenting 'artistic inspiration' for reproduced arts and crafts products -- peculiarly for those based on folk designs -- is a hard physical care for in addition to presents a huge challenge for suppliers, artists in addition to retailers alike. Our ain designs receive got been straight lifted past times other suppliers on many occasions in addition to nosotros receive got to a greater extent than oft than non found straightforward ways to settle amicably betwixt parties."
A comment past times Consumerist on pattern piracy
This post Cody Foster & Co. Speaks Up, Insists They Didn’t Steal Designs On Purpose comments on the article
A comment past times "You thought nosotros wouldn't notice"
This post The Congdon/Foster Plot Thickens, posted fifth November, contains this point
As long-time readers of this site know, the marketing of a novel run past times using an underlying run is solely permissible amongst the permission of the creator of the underlying work. Otherwise, the creative soul for this derivative run would receive got protection solely for what was added to the run in addition to would non survive able to monetize the run inward its entirety. The photographs that were apparently used equally source cloth past times Congdon receive got non yet been authenticated, in addition to it is unclear equally to whether she obtained consent earlier using them, but if they are authentic in addition to she did non obtain consent it could pose issues for whatsoever instance she mightiness bring.Which is the determination a number of us arrived at some fourth dimension ago.
Note that it precedes what comes next..........
Copycat - a novel comment past times Thomas Allen
Last month, Thomas Allen (Thomas Allen Online) weighed inward amongst a rattling cogent in addition to damning spider web log post service called Copycat on 13th November - ie after the Cody Foster statement.I am non exaggerating when I utter the cliché "my jaw dropped".
Read it for yourself. Make certain yous click on whatsoever ane of the images he has inward the post. He has:
- identified the lensman and/or the site where it tin survive seen for every reference "source". Some are places similar Wikipedia in addition to stock paradigm sites, some are paintings past times artists
- matched it amongst an exact re-create of what appears to survive a Lisa Congdon artwork
- then flips dorsum in addition to forth fast betwixt them such that you're non quite certain whether you're looking at the master copy photograph or what appears to survive an apparently traced animal/person/object.
- identifies every instance of a failure to credit the master copy creative soul equally per licence and/or creative commons
Some of the examples used are sometime photographs which would definitely survive out of copyright. Others are much to a greater extent than recent in addition to volition silent survive dependent to copyright. The number equally ever is non almost whether she traced or non but whether she had permission or a licence to draw from images which taste copyright protection.Look inward item at the in conclusion example
Look at the master copy on the Thomas Allen spider web log
You tin run into where he has drawn horizontal in addition to vertical lines betwixt
the photograph identified equally copyright Mark McCullough
in addition to the gouache paradigm past times Lisa Congdon used for a bulk cover
in addition to now available equally a impress inward her Etsy shop
For this ane - it's definitely worth noting that:
Just thought I'd cite this inward the interests of a balanced perspective! It demonstrates that what seems similar fact mightiness receive got a unlike interpretation when ALL the facts are known. However Lisa Congdon has refused to comment on the post.
- the solely identify where the McCullough paradigm tin survive found online postdates places where the Congdon paradigm tin survive found online.
- I can't found from the paradigm whether the McCullough whale is a photograph or a paradigm and/or when it was created.
- I receive got silent taken a expert facial expression at the NOAA Photolibrary re. whales in addition to greenback that in that location are rattling few images of a whale nether the water. Here's a genuine one - greenback the divergence inward quality.
- I did find a fisherman inward Alaska called Mark McCullough who posts his photos on Deviantart and he has some ace wild fauna photos - hence peradventure the master copy was his?
- However it seems much to a greater extent than probable that Mark McCullough is a talented creative soul living inward Maine who is also an endangered species biologist working for the U.S. Fish & Wildlife Service.
A comment past times examiner.com
This article also appeared on Nov 15th - Lisa Congdon, creative soul who defendant Cody Foster, herself defendant of copying
A comment past times SF Weekly
The Ecstasy of Influence*: An Oakland Illustrator Has It Both Ways article published on 27 Nov provides some improve informed comment - but also seems to advise Lisa Congdon mightiness receive got boxed herself into a corner.Congdon says she plans to refute Sherwin's criticisms eventually, but she's waiting to settle ongoing legal negotiations amongst Cody Foster.A comment past times a photographer
Photographer Jon Atkinson states that Lisa Congdon used his paradigm without his permission (in Comment 524). You tin also read the exchnage of correspondence at COMMENT530
I am ane of the photographers, who owns the lemur paradigm (Copyright infringement - what to exercise when someone steals your content (2006)
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