These past few days have been a journey and a lesson on various fronts. I have learned that an individual can only be defined as alone when his thoughts are shared only by him. I have seen that when people share the same thoughts, morals and ideas they become an entity stronger than one who is protected by society's products of power, money, legalism and control. I have seen that an individual can be powerless when only he feels this way. I have learnt that people are passionate in expressing and defending their varied opinions, exactly as I felt doing, and that is a good thing.
Going back a few days, I raised my right and justified concerns of experiencing unfairness from the giant of all things dealing with paperchasing. My voice was frustrated and hurt but I never thought that it would be heard further away than what my few and loyal blog readers could hear. The response was huge. The attention even bigger. The Paperchase issue came to be trending globally on Thursday morning, two positions above #Iranelection, something I'm not proud of as my personal anguish can never be a more serious matter than the anguish and future of a whole country. However, having said that, the issue becoming so big and so viral speaks of an important and popular truth: here is an issue of injustice to be addressed in how the system operates in a manner that safeguards the rights and desires of the corporate world against the rights of the individual with lesser means. As escowles very rightly said: "Because they have the resources to use the current system to their advantage, they have a responsibility to play by the rules."
Most of you reading this have followed the story and how it evolved closely and so I'll try to cut a long story short for the ones visiting first time. The complaints were thousands, Paperchase could not ignore me anymore and although they tried to address your letters, complaints and press commentary they did it with dishonest and demeaning remarks at my expense. Eventually at the expense of the other two parties involved too, the design studio Gathernomoss and the designer who copied. Ever since, Paperchase has ducked and covered waiting for the dark mushroomey shaped cloud that appeared above them to dissipate. They clearly confuse legal liability with moral and ethical responsibility even though they are very much legally liable too. For those that still ignore the fact, Paperchase did NOT buy the copied design knowingly but KEPT selling it very knowingly after the admission of my evidence to them back in November. And even before that, there is a default legal liability in selling infringing goods.
By now, any hopes that the multitude of brilliant advice, kindly shared by people and PR professionals around the internet, will reach and convince Paperchase to change their Dark Ages attitude of their business model and conduct have disappeared. Chances were given way too many for them to correct but they were all brushed away along with any truth and responsibility. What bothers me even further is that after reading a comment from Claire Thompson I realised that Paperchase may react by choosing not to commission independent artists and rely for designs from their in-house team of designers only. This would be their mistake, not mine, but still it is something I would hate to see happening. Claire is also very right that this was never a battle for money. My degree in architecture is sitting unused because of my passion for drawing and art. I have many priorities in my life but money isn't one of them. But she is right, there is money to be accounted for and I know exactly what to do with it.
So dear Paperchase, you know very well that I cannot risk taking you to court. On the one hand it would cost too much to me or other kind hearted and generous people. Even if I did take you to court and won there would be nothing stopping you from claiming the damages from Gathernomoss since they signed an agreement with you promising they provided you with original work. The designer signed a similar agreement when she passed the design to Gathernomoss. The typical corporate way in such a case unfolds with everyone suing everyone until the deepest pockets or the best lawyer wins. That would totally destroy the weaker two parties, Gathernomoss and the designer. This is not my idea of justice.
- Make a clean and public apology for the bad research that led you to the conclusion that no copying was ever done.
- Acknowledge publicly that the plagiarism was real and my allegations correct.
- Retract publicly the damaging comments you made regarding me and all the Twitter users.
- Put the infringing items back on sale and give all profits from this range of products to a charity of my choice, supporting something that we both hold dearly: independent artists.
I know that the public may be understandably suspicious of any apologetic and reconciliatory moves now that it is known that I do not intend to sue but this is no trap, this is a positive way out. Take it or leave it and remain shrouded in silence. I would like to see this awful and unjust story come to a happy ending even if it means offering Paperchase advice and help on making up for their mistakes.
Let us hope that this will not be the final chapter and Paperchase will do something about it that will bring a happy epilogue.xxx Hidden Eloise xxx
**** Update ****
I have received two mails by the designer and Gathernomoss saying that tomorrow they will be both making public statements in the Paperchase.co.uk website exonerating Paperchase from any responsibility and wrongdoing. The mails are timed a few minutes before I posted here so they have not read this post.
Gathernomoss have also said that they will be sending me a check of £350 ($550) which is the amount for which they sold the infringing design to Paperchase. I have no control if they sent the check or not but I would suggest they add it to the amount Paperchase has profited and will profit according to number (4) above, to be given to charity.
I hope they listen. I doubt they will sadly. One thing they may do in future is take these types of events seriously. That does not help you in particular but hopefully will help the inevitable who follow you. Well Done, you can be proud of that.
Posted by: Marc | February 15, 2010 at 08:12 PM
I'm so sorry for all this but it was lovely to see the groundswell of support behind you. This was a lesson - to Paperchase that they cannot ignore popular opinion and to you that you are not alone. Sadly, they have 'ridden out the crisis' somewhat leaving you in much the same position as you were a few days ago. But and this is a big but - your voice was heard, your troops (nameless, faceless troops!) were rallied and very many of us felt that we were standing with you against the corporate behemoth. Let this be a lesson that even the smallest voice can have the biggest impact when multiplied a few thousand times.
Namaste x
Posted by: Sarah Wolf | February 15, 2010 at 08:16 PM
Hi. I'm a person who has been following this story Via your blog and It's amazing how well you've taken this situation. I wish you best of luck and I hope paperchase will agree to your statemets and remedy this situation.
Posted by: Matthew | February 15, 2010 at 08:17 PM
Good luck, I genuinely hope they take stock of this offer because I know we'll be boycotting them until reparations are made!
Posted by: Vonnie | February 15, 2010 at 08:20 PM
I'm glad that you've come out of this ordeal still strong and safe in the knowledge that people do stand up for what is right.
I think you've been very dignified throughout this whole situation, especially when you had to put up with horrible words from Paperchase.
Let's hope now they do the right thing and agree with your requests.
Good luck x
Posted by: Sarah - Craft Candy | February 15, 2010 at 08:21 PM
The stipulations I think are fair, not only fair but rather selfless. The problem is I don't think Paperchase will follow along. If they're actions so far are an example of them as a whole they have little concern for what anybody really thinks. Which is incredibly sad and unfair to the people they end up taking advantage of, benevolent big business is a rare thing. I hope though, for what the hopes is worth, that they agree to this. I really do.
Posted by: Vincent | February 15, 2010 at 08:37 PM
I really hope that Parerchase takes your advice. While I will personally never buy anything from Paperchase because of the way they acted in regards to this situation, it would probably go a long way in swaying some people to go back to them. Frankly, it's the best move they could make if they want to focus on their bottom line (ignoring the situation, however, is probably the worst move they could possibly make).
I'm glad that you have held up strong throughout this whole thing, and I'm glad that I've been with you since before this whole thing started.
Keep your chin up, and know that every time I look at my print of He Says He Can Hear the Forest Whisper I will be thinking of you and how much strength you have!
Posted by: Kaye Prince | February 15, 2010 at 08:38 PM
Well done.
I hope they take you up on this offer.
Posted by: Claire Thompson (claireatwaves) | February 15, 2010 at 08:41 PM
I salute you for your approach and composure in resolving this situation you've found yourself in. Hang in there....
Posted by: R27 | February 15, 2010 at 08:45 PM
Well done Eloise, you have fought a fair and honourable fight against a big name firm who have irreparably damaged their own reputation (and whose silence and inaction forced the 'outing' of another designer who made a big mistake but whose reputation is now also badly damaged, which didn't need to happen).
I hope you can move on now, regardless of what future statements come out, if any. My final suggestion would be to produce a limited edition run of your excellent 'He says he can hear the Forest whisper...' print but retitle it 'He says he is waiting for Paperchase to man up and do the right thing. I think he will be waiting a bloody long time'.
I would buy one!
Bear hugs. x
Posted by: Pauleec | February 15, 2010 at 08:59 PM
One positive thing to come out of this; your lovely work has been brought to the attention of thousands of people. I bought one of your prints (My, what big heart you have) after discovering you through this debacle.
Posted by: Grace London | February 15, 2010 at 09:53 PM
So cross with them, just been catching up on the whole saga. Won't be darkening pc's doors again. You've handled this marvellously. How dare people suggest otherwise? Your work has been stolen for someone else's gain, you told them, they did nowt. Very gracious towards designer by the way - wonder where her other 'poses' came from...
Posted by: Rowan Hoban | February 15, 2010 at 10:47 PM
More Power to You!!! I really like the way you handled the whole situation. Kudos to everyone on Twitter too... Am myself am going to boycott all #paperchase products till they do something reasonable.
Three Cheers!!! and a Huge Hug
8-)
Posted by: Account Deleted | February 16, 2010 at 01:02 AM
You have integrity, they Paperchase do not.
I'm glad you are an artist that I have long admired.
Posted by: Esther Hansen | February 16, 2010 at 03:25 AM
I guess the only posiitve thing that has come out of this for you is that now you've been given lots of exposure at least!
Posted by: Victoria Stitch | February 16, 2010 at 08:54 AM
Well well well, just waiting for number 4. then...
http://www.paperchase.co.uk/index.php?f=gform/gform.php&t=contact_1.htm
Posted by: Marc | February 16, 2010 at 11:11 AM
just *wow* over the whole shoddy affair.... you have done sooo well and i imagine, are pretty exhausted after all this? xxx bear hugas back at you x
Posted by: kirstyFish | February 16, 2010 at 04:36 PM
Your suggested solution is really commendable, hats off to you!
Paperchase's attitude in handling it all has seemed arrogant and dismissive by comparison. I have some sympathy for them in having bought a copied design but after that their response was really crappy. Think I caught a whiff of 'Paperchase PR' from of a few of the rubbishy comments on your pages too! ;) Definitely won't buy their stuff again.
Posted by: :) | February 16, 2010 at 05:26 PM
I also think you've conducted yourself with admirable dignity. By its continued Pilate-esque hand-washing, and by leaving you to tease out the truth, Paperchase has won my contempt. (The company must be curiously managed, since a little belated magnanimity would have done much to salvage its reputation).
I'm not that impressed by the Telegraph either, which seemed to leap from suggesting that if the twitterers turned out to be wrong they would have done a bad thing, to prematurely deciding that they had got it wrong). A bit of sackcloth and ashes would be appropriate there too.
Posted by: Brother Tobias | February 16, 2010 at 06:49 PM
The apology from Paperchase is too little too late, in my opinion, but at least their eyes have been opened.
As an artist myself, I found it quite frightening that Kitty genuinely believed she had not copied Eloise's work. As harsh as the lesson has been, I believe it had to be learned this way, if only because it will help prevent other artists being so ignorant and to ensure companies are much more on their toes.
This is why I say thank you Eloise. For bringing a bigger problem to public attention and reminding artists and companies that it isn't okay.
Posted by: PolkaDot | February 16, 2010 at 09:17 PM
Like lots of people here, I'm proud to have been one of the voices to stand up and say this wasn't acceptable. It wasn't acceptable and now I think Paperchase has learned a lesson.
My opinion of Paperchase has been irreparably damaged by this incident, although time may heal things - depending on how Paperchase decide to act in the future. From a place I was happy to buy my art materials from to a shop that I have an issue with going into - over night! I'm sure it's been an eye-opener for them, and hope they learned something, as soon as they stopped being defensive.
Sure that Paperchase will continue to make money, although I'm also sure that their reputation in the art and design community has been severely damaged. Gathernomoss' reputation certainly has, although I feel bad that Kitty was at the end of the chain and has felt lots of the fallout. She made a mistake which, unfortunately, some people still make as they are unaware or negligent. However, the point of an agency isn't just to sell stuff for people, but to provide the guidance and support that artists and designers need - something that just hasn't happened in this case. So, aside from being a warning about Paperchase, it also shows that Gathernomoss would be a company I would never deal with.
Eloise, I think you've handled this perfectly and with dignity. For those that harped on about getting some exposure; well I really hope you have at least got that much. You deserve to do exceptionally well in your art and you have my respect, for one!
Posted by: Beth | February 16, 2010 at 10:33 PM
wow, this is a very important story for designers and artist to understand. i say hooray for you and it's time to put your energy towards the future now. it seems that in this case perhaps paperchase had no knowledge of the problem (until YOU brought it to their attention). BUT, if this had gone to court you may not have won (that would be the legal side of the issue and not the ethical side). i am not a lawyer and laws in various countries are different. the artwork itself was not copied, just the "outline of your character". this is an important distinction for both designers working for licensing art companies and artists to understand. the laws stipulate that a change has to be made to distinguish one artwork or design from another and that there is not an inherent likeness. if i saw both artworks together i may not at first have noticed that the characters were similar in outline and gesture because the overall artworks were very different. this is something we all need to educate ourselves about more. one useful website is:http://acid.eu.com/
i'm a big fan of your artwork and am glad that you have felt such a ground swell of support from the creative community! i hope you never experience anything like this again! i also hope you continue to create your beautiful and wonderful artwork! bear hugs!~)
Posted by: hkp | February 17, 2010 at 03:35 AM
But Paperchase DID do wrong when they refused to acknowledge your original comments. I'm proud to be amongst those who will be boycotting Paperchase in the future. And what a shame there aren't more people like you around - the exact opposite of greedy companies such as Paperchase. All best wishes for the future.
Posted by: maz in the UK | February 18, 2010 at 12:27 AM
Good for you for fighting this.
Posted by: lianakabel | February 18, 2010 at 04:10 AM
I think that the law is very good at finding caveats in the smallest of places. I believe that anyone with eyes can see that the so-called 'outline' of the girl originates a design that is way too similar to Eloise's not to be considered a copy.
In my view, it does not really matter that it is some poor little independent designer that has copied it either. Whether you're a big corporation or a small one, plagiarism is plagiarism and I think that coming down on them like a ton of bricks is entirely justified, no matter who (and how big and strong) the one who is copying your work is. I wouldn't be prepared to cut any slack to a little unpublished writer and I do not regard this Kitty as the victim here. She surely got a wake up call that may serve her well in the future.
Posted by: Steph | February 18, 2010 at 10:16 AM