Cody Foster & Co is an art-swiping tchotcke maker, used by big retailers to source fashionable cloneware they want to sell. Accused last year of ripping off a batch of independent designers, Cody Foster wanted to settle. Fast Company's John Brownlee reports the incredible conditions they want to impose on the victim.
Cody Foster's conditions? That the independent designer accusing the company of piracy license her designs to Cody Foster & Co. for $650 and submit to a gag order, deleting any complaints about the company from the web. ... Smith and her attorneys initially declined the offer, indicating that $650 was not worth a gag order on what they had been through, and reached out to Co.Design. Since then, Cody Foster's attorneys have indicated that they are willing to discuss a larger payment in exchange for licensing Smith's designs. As of publication, this remains unresolved.Read the rest
Since at least 2001, Colin Purrington, a former Swarthmore Evolutionary Biology prof, has been publishing a great guide to conference posters that is widely read and linked. It's also widely plagiarized, and Purrington sends notices to people whom he catches passing it off as their own work, asking them to remove it. Normally, this works.
But not in the case of The Consortium for Plant Biotechnology Research, Inc., a company that receives millions in federal grants to fund biotech research. When Purrington sent CPBR an email telling them off for plagiarizing him, they responded by accusing him of being the plagiarist, threating him with massive damages, and demanding that he remove his own work immediately and permanently.
Purrington responded with a pretty good note about the whole awful mess. Though I think he overstates the copyright case here. In particular, he discounts out of hand the idea that reproduction in educational contexts can't be fair use; this is just wrong -- fair use is fact intensive, and educational use tilts the scales in favor of a successful defense. On the other hand, plagiarism (though not illegal) is a cardinal sin in education, and educators who pass off his work as their own may not be breaking the law, but they are unambiguously violating a core ethic of education and scholarship.
But back to CPBR. This is not only plagiarism, it's also copyright infringement, and it's copyfraud -- claiming copyright on something you hold no rights to. It's unethical, it's illegal, and it's fraudulent. Read the rest
You'll have heard that Jonathan Coulton's iconic cover of Baby's Got Back was plagiarised by the Fox TV show "Glee" (it's not the first time). Coulton's story has been widely reported, but Fox/Glee have remained shameless about this.
Coulton's got a brilliant solution to this: he's released a "cover" of Glee's plagiarized version of his song, put it on Itunes as a rival to the official Fox version, and has announced that the proceeds will go to charity.
Last weekend, I blogged about Jonathan Coulton's discovery that the TV show Glee had plagiarized his arrangement for "Baby's Got Back."
Now, the magnificent DJ Earworm writes, "This is my call-out tweet from last February, expressing surprise at the similarities between Glee's arrangement and my own which had aired just a few months previously. I didn't think much about it, but I read that Jonathan Coulton story, and it seemed so similar to my own experience, I thought I'd share."
Jonathan Coulton has publicly shamed Fox for plagiarizing his arrangement for "Baby's Got Back" on its TV show "Glee":
Writing on Techdirt, Mike Masnick has a good, nuanced view of how this kind of thing works:
Yes, his is a cover song, but he introduced some variations that appear to be directly copied in Glee. Is there a potential copyright claim here? Well, that depends -- and the copyright law here is complex. You can cover a song by paying compulsory license fees, and Fox likely did that to whoever holds the copyright on the original. But they copied specific changes (and possibly the music) that Coulton added, which, could potentially be covered by his own copyright (of course, whether or not he registered them could also impact what he could do about it). And, let's not even get into the issue of things like sync licenses for video, and the (still open) question of whether or not Glee actually used part of Coulton's own recording.
In the end, though, almost none of that probably matters. Because Coulton seems unlikely (we hope) to go legal here. Instead, he's just going with the public shame route -- with a simple tweet about the situation, which has set off "the internet" to help him make his case and embarrass Fox and Glee.
Yesterday, I blogged about Bob Basset, the Ukrainian steampunk leatherworker, discovering one of his designs in the Design Toscano catalog without credit or royalty. The publicity that the Internet gave to Basset's cause caused Toscano to contact Basset and offer him a royalty, and they blame an unscrupulous supplier who claimed the design as its own:
To clear up the issue on the Steampunk piece that has some of our customers questioning our motives we would like to explain.
The statue was produced and offered to Design Toscano as one of a portfolio of new sculptures to review. There was some confusion between Mr. Bob Basset and the factory that produced this piece for Design Toscano. Mr. Mike Stopka, president of Design Toscano, spoke directly with Mr. Basset and explained that Design Toscano had been mislead in the creation of this piece. Mr. Basset and Mr. Stopka have worked out a generous plan that the artist will get compensation for his work and Mr. Basset has graciously allowed Design Toscano to continue to sell his fantastic work of art. Design Toscano is appreciative to its customers who informed us of this oversight and as always we celebrate artists and their creative work
Update: Design Toscano has apologized for this and agreed to pay a royalty to Bob Basset. They blame an unscrupulous supplier who presented the design as its own.
Design Toscano, a wealthy, fast-growing company, is selling a leather steampunk mask that clearly plagiarises the work of Ukrainian leatherworker Bob Basset, a favorite around these parts. As Rob Murdoch points out in his post, Toscano could easily spare the budget to work with Basset to produce masks or designs for them -- the ethical thing to do. Basset, a poor artists living in Ukraine, feels powerless to do anything about it. This ugly business calls all of Toscano's products into question: are all the designs in their catalog unacknowledged rip-offs from independent designers, or just this one?
Read the rest
So having known and loved Bob’s work for 10 years at this point, imagine my happiness for him when I came across a sculpture of one of his masks being sold on this site. I thought “Great for Bob! More of his work is out there and it’s a great paying gig for him!” (Toscano is a multi-million dollar company so they can afford to pay their artists well and they often give credit to the artist). Then I had the horrible thought that maybe this isn’t good and it’s a case of a big company ripping off the little guy, which has happened before and will happen again so long as companies can get away with it. So I popped over to Bob’s personal Facebook page and linked him the online catalogue page with his mask and asked if he knew about it.
In this video, blogger Duane Lester confronts the editor of a newspaper which plagiarized something he wrote. The best part is when the editor tries to physically intimidate him, a moment so inexplicable and hilarious I created a YouTube Infinite Loop of it for you.
There's a happy ending, though: he ultimately saw reason and paid Lester for the article.
How to Assert Copyright Over Your Work When It’s Been Plagiarized [All American Blogger via Jim Romenesko] Read the rest
Utah Attorney General Mark Shurtleff's recent op-ed in the Salt Lake City Tribune is full of quotes and paraphrases from promotional materials produced by the MPAA and execs from its member-companies in support of SOPA. This uncited quotation is the kind of thing that academics call cheating, and that the MPAA (incorrectly) calls "copyright theft."
“Congress can make a significant contribution to that effort with legislation to strengthen law enforcement tools. In the interests of American citizens and businesses, it is time for Congress to enact rogue sites legislation.”
The sentence above is copied from a pro-COICA column (bottom paragraph) written by Mike McCurry, co-chairman of the pro-copyright outfit Arts+Labs. At the time, McCurry’s piece was praised by pro-copyright lobby groups and in his writing McCurry also uses the previously mentioned sentence from the MPAA’s former president.
But there’s more. The column from McCurry, which is often quoted by the MPAA and affiliated groups such as FightOnlineTheft, displays more similarities with the article published by Attorney General Mark Shurtleff.
Perhaps he's just experiencing the ecstasy of influence.