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.
Here is what I propose instead to Paperchase.
- 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.
Bear hugs,
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.
So sorry that this happened to you. I hope you can put it behind you soon and get back to creating and doing what you love.
Posted by: wyanne | February 19, 2010 at 12:31 PM
Wow. I *was* going to suggest that someone set up a paypal account, so all your supporters could contribute a small amount towards legal fees, and help you get the justice you deserve, until I read this post.
Now I'm just blown away by, as others have pointed out, your dignity and attitude. To make the decision that your rightful recompense for this is less important than the damage it might do to the artist and agent, is beyond magnanimous (sp?). You are clearly a very special person to be so selfless.
You may have faced down a faceless corporate giant, but in our eyes, you stand a hundred feet tall!
May I suggest though, that it may be worth *someone* (not necessarily you, but with your consent) setting up a petition so that all those who plan on boycotting Paperchase can stand up and be counted? Once they see how this is hurting their image- and more importantly to them, their sales, they may be prepared to make a fairer offer.
Many hugs
Samantha
Posted by: Samanthachisnal | February 25, 2010 at 12:26 AM
As a fellow designer/illustrator I'm shocked by all this plagiarism stuff. There's a piece on your story right at the front of Progressive Greetings magazine this month. Well done for sticking to your guns, keeping your dignity and striking a blow for originality. People who nick stuff because they are too lazy or unskilled to do it themselves should pick another career!
Posted by: Claire Henley | March 17, 2010 at 02:11 PM
I'm a designer who was thinking of contacting Paperchase to offer them a new line of designed articles that I've created and your blog has put me off them altogether. It seems that you can't trust anybody in this business so that means that I will do them myself and go alone.
Thank you very much for the information.
Piero
Posted by: Piero La Franca | February 20, 2011 at 02:36 PM