Hidden Eloise

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« Oh Deer | Main | Chasing Paperchase... »

February 10, 2010

Comments

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Kathryn

Wow. Just ...wow. I have a fair amount of Paperchase stuff, and after reading about your plight and stories posted by commenters - I will no longer be giving them any of my money. What utter idiocy.
Stay strong, and let's hope enough people give them crap that they'll rethink their ways!
*hugs*

Tanya

I came across what happened to you through another site. I have also sent them a letter. From one artist to another, I find this despicable and will forward what's happened to everyone I can.

Mickey

Nothing maddens me more than stealing, especially when its the big corporation stealing from the little guy, or gal, as the case may be.

I hope some fancy lawyer will take up the cause on your behalf and get you the big check you deserve from their deep pockets.

Anna

Join the facebook group to support Hidden Eloise!

http://www.facebook.com/group.php?gid=346582153968&ref=ts

Arabella

You should also submit this to: http://www.youthoughtwewouldntnotice.com as this kind of thing happens far too often, especially the "we got it from another designer" excuse and then no further word.

Best of luck!
-Arabella

anon

Just FYI, I was told today that the products have been taken off the shop floor, so something must be hitting home x

BeastieVille

I found this through a posting on twitter, and though I'm not familiar with your work, I'm horrified that this has happened to you. I will email and retweet, as many others have. Strength in numbers, right? I wish you the very best of luck in dealing with this monster!

(Your work is lovely, by the way. I'm happy to have found you, though I wish it wasn't through such bad circumstances!)

Courtney

What a bummer. So sorry to hear that. . . kharma will bite them in the rear one way or another!

Jon

Paperchase's apologies seem misdirected to say the least - it's not their customers they should be apologising to - and their plaintive cry of "we're on the side of the independent designer" sounds hollow and frankly pathetic.

If they had any scruples at all, they'd pull the range from the shops until they could be satisfied that they themselves had not done wrong. If they had any integrity that's what they'd do, but clearly not.

Won't be giving them any of my custom and I'll certainly ensure I spread the word to others.

Bah. Yet another company proving to have no sense of morality.

Trucie

As an art manager/buyer for a publishing company who works with illustrators all over the world, I'm horrified both by paperchase and by the design agency that paperchase say they 'bought' your work from.

Unless the agency have a contract with you where you assign them full copyright of your images, like a 'Work For Hire' agreement, then they can't just sell them on to a third party.

Hang in there. I've written an email to paperchase to express my disgust with them. Let's hope we can keep the pressure up until they offer you a) a decent credit on all products using your design and b) a decent fee for the usage rights.

Gillian

The question is whether a qualitatively substantial part of your work has been taken. Although there is highly unlikely to be a copyright in any character per se, you will hold copyright in the original drawing as an artistic work. The additional artworks (the mushroom, owl etc) may have been added from other authors as well as a collage or "concatenation" of works. It would be interesting to determine whether they were also sourced from Etsy sites.

It appears, from the morphing comparison that you show, that the copyright in your drawing may have been infringed. If this were the case, then your moral rights of attribution and integrity would also have been breached. At the very least, to preserve your position, you should formally write to Paperchain informing them of the detail of the allegation of the breaches alleged and requiring them to take action: for example, you might request a right of attribution and a sum of money in damages both for breach of your copyright and moral rights. This should be without prejudice save as to costs.

The danger for you in seeking to lodge any claim for breach of copyright lies in litigation risk. In such a case as yours, normal litigation risk means that the judge may may make an error of law or fact or may simply not like you. Should you lose, in England (as in Australia) then costs follow the cause and the loser is obliged to pay the winner's costs.

This does not mean that you should take no action. It means that, should you be willing to bear the risk of costs, there should be some barrister in England who might be willing to accept your case pro bono publico. Surely there must be some barrister who would take your case?

Fuzzywork illustration

Hello, I don't know if you know about this organization - http://www.own-it.org/
They might be able to help you. Best of luck, if there's any justice... x Fuzzywork

Han

I have one of those diaries. I didn't know until today that the designs were plagerised (sp?). If I'd have known that I would ahve picked a different one or gone else where. Thats not fair at all.

naomi

i am so glad that things are changing at least.... i hope eventually you have the ability to take these *impolite words* down without impacting your finances. I was heartbroken to hear what at happened it's amazing that they didnt come to you first and ask permission and offer you commissions for using your work. down right disgusting. I'll write about this on my blog on Sunday to spread the word and hopefully that'll make more people aware. x

violet

I (sadly) work for said company. I'm so sorry to hear about this. I won't be waiting for the inevitable task I am sure to receive to remove the product from the floor. tomorrow it'll be gone. this is straight shameful and a complete abuse of what has become just another horrid capitalist machine. keep up your fight darlin' to protect your beautiful art- there are people who've got your back!

Danielle

Directed here from Neil Gaiman's blog (the wonderful champion of all things Good and Right). I just want to say that not only should they REMOVE the design, they should be PAYING you reparations. All the profit they made on the individual items made with your design should be coming straight back to you. Hopefully some of those lawyers that contacted you will make it happen! Best of luck, all us little guys are rooting for you! <3

Lee

Hi,

Just sent an email in support of your situation.

Maybe ACID can help!

http://acid.eu.com/

Cheers,
Lee

sofia

This is completely unacceptable! I will write and tweet about this.

Stay strong.

Martin brown

Paperchase bought the design off a design agency in good faith. I worked for paperchase 2 years ago for 3 years and know that anything as serious as stealing a design would be wrong in their eyes, Giving that most of the people that do the designs are designers like yourself.

On top of that paperchase probably uses alot of independent designers so i can't see it being in their best interest to knowingly sell a copied design.

Your fight doesn't lie with Paperchase it should be the design agency they bought the design from.

I've known the company for a while and i know that they wouldn't knowingly sell a design which has been copied.

I also understand that paperchase has to make a profit, I wouldn't remove the design if as far as they knew the design was bought.

I am glad that they are now looking into it for you, Im sure they will get the design agency to contact you and sort things out.

good luck

peter

The following was posted on the Guardian blog this is a very important point and you should take a look!!!

"I am not condoning the way Paper Chase and Gather No Moss have handled this issue, but I think it's really ironic that Hidden Eloise accused Paper Chase of being "vampires" when she herself has copied the mood, style, concept and colour palette of well known US-based artist Jen Corace. Eloise's work too could be classified as "derivative work".

Take a look at Jen Corace's artwork here http://tinyshowcase.com/artwork.php?id=1456 and note the way Eloise has copied her palette and stylised trees. Here, Jen Corace's girl's red dress http://www.flickr.com/photos/daciaray/1343365272/ - Hidden Eloise's is suspiciously similar. The way Eloise draws her girls' faces is also startlingly similar to Jen's http://myloveforyou.typepad.com/photos/uncategorized/2007/12/27/jencorace.jpg

People who live in glass houses..."

laura sherratt designs

I have sent an email after alot of interest from Paperchase at my Topdrawer card exhibition in Jan this year! When questioned they were collecting INSPIRATION!!!!????what a sad world we live in! good luck its hard enough in this game without infringement!

laura sherratt designs

have you contacted acid or briffa? i am joining!!!

Emma Suttey

I've just sent them some home truths... bout time they bowed their heads and paid you COMPENSATION in order to earn some respect back. Instead of closing their eyes and hiding behind what they are being told. I won't be shopping there again until they do! What a shame... I used to love Paperchase!

Sarah

I'm sure you have more emails/comments than you can deal with, but please let us know if you need us to continue to send emails or petitions or whatever!

Jasper

Hello,

I don't tweet/follow twitter, but came across the news of the shameless copying of your image on a UK national newspaper website: http://www.guardian.co.uk/artanddesign/2010/feb/11/paperchase-design-hidden-eloise

I'll certainly be emailing Paperchase on your behalf. I can understand how Paperchase were hoodwinked by Gather No Moss (the agency they bought the copied design from) but surely once you alerted them they had no excuse to continue selling someone elses work like this? Shame on you Paperchase!

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