The designer apologises

his is the latest news and it is going to be a difficult post to write.

I replied this to the designer's first mail, whose identity I still chose to keep private since this war battle was never intended towards another indie artist. I wrote to her this:

"Hello there dear *redacted*,

Thank you for your mail. It is quite disappointing to hear, as a fellow artist that has created the Hidden Eloise girl from scratch, that you are denying any intentional imitation.

I would kindly ask that you allow me to mention your email and show your art to present you and your case, something I cannot do right now since your mail contains a protective footnote.

I have protected your name since the beginning even though I had full knowledge. People found your name on their own but I have never verified it. Please do verify if I can go public with your statements and/or identity and be sure that as I have not bad mouthed you until now, I still will not in the future.

Thanks again and wish you all the best.
Bear hugs,
Hidden Eloise"

I received a reply later and this time she decided to admit the fact. She has allowed me to publish her statement and the series of designs that the infringing work belongs to. I have added to her images my own artwork, the rest images are hers.

In her own words:

"Dear Hidden Eloise,

I am happy for you to post this statement on your blog in its entirety.Please use all the images attached.

Im doing this off my own back in the hope that you will understand I have made a genuine mistake.

When creating the group of designs bellow I used the outline pose of your Hidden Eloise Girl in one of the designs to create a new pose for my princess. I did not intend to copy your character but use its pose to create a new design for my own character, my intention was not to copy your character, I now realise the pose was too close to your Eloise and apologise to you for this, I also apologise to paperchase for the trouble this has caused."

Here are all the images attached plus the one of mine. I should note that these same images are the evidence Gathernomoss sent me earlier today as proof that the design was not a copy but a natural part of a set. Now the designer sent me the same images to explain the context in which the copying was made.

 

So there you have it... An admission and an apology and Paperchase gets the apology they always deserved too...

I know that the designer stops shy of mentioning tracing and copying but she says she used the outline pose so I will not ask for more.

So thank you Paperchase for throwing an independent designer under the bus to cover for your mistakes. You supported her when you wanted to keep selling the infringing designs but now that you are losing money you let her take the blame. You must be very pleased with getting your apology.

But I would hope you also regret, Paperchase, saying this to an international newspaper:

“If we had been plagiarising, I completely understand why we would have received so many emails and Twitter posts concerning our business but we haven’t”

And this:

...raised serious concerns about the “powers, and there in the danger of Twitter”.

“I am sure it can be beneficial but if you get an untruth (on it) it can be very dangerous,” he said

So: Paperchase was selling plagiarised items..... Check!

I informed them back in November.....Check!

Paperchase continued selling the items even after my mail.....Check!

Oh but wait! There is more! Gathernomoss also contacted me again after I verified to the designer that I will be publishing her mail and this time they allow me to publish their email as well. However, even though they are just a company of "2 designers that represent 7 other designers... have no legal team, no PR people", I am just one person and am tired of working hard for them.  They can publish their own statements in their own website.

Briefly, Gathernomoss are saying that they believe everything the designer wrote on her mail (as in that she copied the character? they don't say) and that they know Paperchase doesn't have a PR or legal department (?). Gathernomoss "would like to state that Paperchase are completely blameless in this situation and bought the design in good faith, [they] would like to apologise to [me] and to Paperchase."

So there you have it. Another (possible?) admission and another apology to me and of course a second one to Paperchase.

Everybody is under the bus except Paperchase.

I never asked for anything from Gathernomoss or the designer and their reputations have only been tarnished because they either lied or withheld information since the moment of my first contact with Paperchase. Yet at least these two parties attempted to come clean, hurt as it may.

Come on Paperchase, your turn.

Bear hugs,

xxx Hidden Eloise xxx

Comments

[Alice Elizabeth]

On the one hand glad that this has been cleared up but on the other sad that Gathernomoss and the designer have been be thrown to the wolves somewhat when Paperchase could have dealt with it behind the scenes late last year, withdrawing the items and highlighting the concerns with Gathernomoss et al. and apologising to you.

[kellie huskisson]

So happy you got the apology you deserved as well as people admitting to what they've done wrong after denying it.
Paperchase still have a lot to do on their part to work all this out i feel and im going to be wary of using them for a long, long while.

Thank you for pushing this even though it must have been a great stress to you. Of course you would want all this cleared up for your own sake but its a great help and support to all indie artists out there so thank you.

[Jess]

You deserve a big fat glass (bottle) of wine!!

As a previously (good) customer of paperchase all I ever wanted was for them to acknowledge the issue and deal with it. I feel empowered as a customer to know about the image issues - shame paperchase think this is a bad thing. It is this reaction that will mean I will no longer be a customer of paperchase.

[x vInTaGe VioLeT x]

i'm so pleased that kickin' up a stink worked this time - and i'm pleased the "designer" came clean in the end it is sweet of you to keep her name out of the public domain - i myself wouldn't have been so generous.
hopefully paperchase will now do the right thing by you too and then you can breath a sigh of relief and get back to normal x

[Hidden Eloise]

Oh no, thank *you*!
And everyone else that has shown support. I couldn't have gone through these past two days without you.

Warm bear hugs,
Hidden Eloise

[Jaqueline]

Go girl! Don't stop until Paperchase give you the apology you deserve and as I said before, make sure they do not put those products back on sale.

I'm happy for you but sad that it's taken this long for something to happen. Good luck in the rest of the fight.

[lucykate crafts...]

wow, am totally taken aback by the designer stepping forward and being so honest. i wonder if they have been pressurised by both gather no moss and paperchase into becoming the sacrificial lamb.

[Dorristheloris]

You've hit the nail on the head - even though the designer and agency have owned up, Paperchase continue to shoot themselves in the foot with their blame shifting.

By ignoring the issue until they were forced to acknowledge it and then passing the buck, all they have shown is that they think they should be allowed to do what they like. I tweeted to them myself yesterday saying that by taking this attitude, they were making me more likely to boycott them from now on, as they've shown no attempt to fix the problem this time, or prevent it happening again in future.

They need to do a big public apology to you. NOW. Especially as they tried to imply you were lying in their silly web statement.

[Beeberbee]

Oh dear - now I'm feeling ever so slightly sorry for the designer - she obviously can't illustrate well if she feels she needs to trace stuff.. perhaps this is the push she needs into a different career?! Hopefully copycat designers will learn from this!

Well done H.E. - you've handled everything so well & hopefully got a whole new audience for your beautiful art :)

[Former Attorney]

The designer initially lied to you. So it's not much of a stretch to believe that the designer also lied to Gather No Moss, and Paperchase. Yet you keep hammering away at Paperchase. Why? Obviously because they're an evil corporation. The story isn't so good when everyone learns that a fellow independent artist stole your work and lied to Gather No Moss and Paperchase about it.

When an artist sells a design to an agency, the artist typically signs an agreement that warrants and represents that the design doesn't infringe upon anyone else's intellectual property rights. There is almost always an indemnification clause under which the artist agrees to indemnify and hold harmless the agency if there is any dispute over intellectual property.

When Paperchase purchased the design from Gather No Moss, it almost certainly obtained similar representations from Gather No Moss, along with an indemnification clause.

What this means is that if you sued Paperchase, Paperchase would seek indemnification from Gather No Moss and Gather No Moss would seek indemnification from the artist, who probably does not have the financial resources to provide it.

So long as Paperchase and Gather No Moss acted in good faith and relied on the artist's repeated representations that he/she did not steal the design, it's questionable as to what sort of damages you'd be able to recover from Paperchase or Gather No Moss. If anything, the party that stands to lose the most is the independent artist who stole your work.

The fact that you're still trying to crucify Paperchase and Gather No Moss even after learning that they had been repeatedly lied to, just as you were, says everything about what you're trying to do here. Give it up.

[Tina Louise]

I haven't been following this, although I noticed plagerism and paperchase 'trending' on Twitter.

As I read this I am uplifted by the power that must have brought this, almost satisfactory end result - you must have had a lot of support.

Namaste,
Tina Louise
@tinalouiseUK

[Rowan]

This must be the most tiring week ever for you!

Paperchase have made themselves look like real dicks, the way this has been handled.

Let's hope for some recompense, and at the very least, an apology to you on their website.

[raggieroo]

Selling/distribution of the ripped-off design is an offense in itself.

While they may have been acting in good faith in the first instance, once it had been brought to their attention that they were infringing the copyright of an independent artist, they should have acted. They didn't. They continued to knowingly break the law, thinking there was nothing you could do about it. It's disgusting.

Well done to you for the way you have handled this, it can't have been easy and you have acted with a lot of dignity throughout all the shenanegans.

This is one stationery addict that won't be shopping at Paperchase again!

[Esther Hansen]

I wrote to Paper Chase yesterday as well as Gather No Moss. A short while ago I received an email from Paper Chase, along with KM's email address. Do you want me to forward the email?

[Jamie Dowling]

Good for you Eloise!

I tweeted that I thought Paperchase would pass the buck... Seems like my original comments on Twitter and my blog still stand - Paperchase haven't actually taken any responsibility or ownership of the issue, this could and should have been handled in house by Paperchase when you originally informed them. It remains a fact that Paperchase sold these goods. That is an offence. Paperchase owe you an apology for that and Paperchase owe the Twitter community an apology for their comments about us.

Paperchase's brand is now damaged. They have been patronising and offensive to the Twitter community, arrogant in their dealings with you in refusing to accept their part in this affair. No amount of PR spin can change that now; these are facts which are recorded.

Paperchase have got a hell of a lot of work to do to prove that they are deserving of any improvement of their reputation from its current low.

This is another case that could and should have been handled with a lot more decency and common sense. It isn't the first and sadly won't be the last.

Companies whose ethics are less than honourable should take note.

Jamie Dowling
@planetjamie

[Nibus]

Well done - I hope you can relax a bit this weekend :)

It's pleasing that the designer has come forward and admitted it (there really was never any doubt) - and for that they deserve a measure of respect, as he/she could easily have been thrown to the wolves. I have a small degree of sympathy for GatherNoMoss who will have been equally deceived, but their initial response was dismissive.

Paperchase, however, is a different matter. Sure, they will have been lied to - and it is probably quite true that they bought the design 'in good faith'. But that is not relevant to their attitude. For a large company, they could have dealt with this much, much better. They have known about this for months, but it is quite telling that they only woke up (and then only just!) once the Twitterstorm hit.

What happens now? Perhaps Paperchase - while not admitting liability for the plagiarism - will put their products back on sale (and save them being destroyed) and pay you a royalty or an ex-gratia payment. I think that would be the best approach for them if they want to salvage their reputation. If they continue to ignore this, or think it is all now resolved, then it will do them no good. Personally I think they will do nothing at all.

In any case, you can (maybe) take some comfort from creating a turning-point in the power of Twitter and brands' approach to their reputation online :)

[dawn]

Regardless to what is right or wrong, I can't help thinking that the designer must be feeling truly rotten. If the copy was unintentional her self esteem must be completely shot right now.

[Louise]

So pleased you have the apology you deserve, one up the backside for the copyists.
I will be interested to hear how Paperchase respond to this, they need to really pull one out of the bag to put right their wrongs.

[spot]

I don't understand why you continue to batter Paperchase. It looks like as far as they were concerned, they had bought a legitimate design from a reputable design company. The orignial designer has even come clean and admitted they used your outline, and Paperchase have removed all the items from sale. I am totally on Paperchase's side on this one, even though I admit that your design has, unintentially or not, been copied (to a certain extent) and that you are understandably angry about it. I am also very glad that the designer has contacted you, and that this has all been sorted out.
However, the blame does not lie with Paperchase, but with the other designer.
I will continue to shop at Paperchase and think that this should not tarnish anyone's good opinion of them and their fantastic products.

[Hidden Eloise]

Former Attorney, I'm afraid you are missing totally the case. (no pun intended)
I was never investigating who copied whom (this was pretty clear to me) neither i was seeking an apology from the designer.
My whole and initial complain was that i contacted Paperchase months ago presenting them the same evidence i'm presenting right now in my posts and they ignored my concerns and kept selling the infringing items.
They ignored me because they knew i could not push them or hurt them in any way. They could have investigated further and take seriously my complaints (something they preach they are doing) and end the matter there.

It is very sad you think i have any ulterior motive in all this, while you think that is absolutely fine that because Paperchase is legally covered they are not required to do what is right and moral.

Bear hugs,
Hidden Eloise

[david]

"So thank you Paperchase for throwing an independent designer under the bus to cover for your mistakes. You supported her when you wanted to keep selling the infringing designs but now that you are losing money you let her take the blame. You must be very pleased with getting your apology."

it's actually you who are throwing the designer to the wolves, though probably you didn't realise it at the time you posted this.

By persisting again and again and again, even when you found out it was an independent agency who supplied the images. Even when they told you that they're just a couple of people representing a few independent artists, you went ahead with this.

By posting this, you force Paperchase's hand. It's unlikely Paperchase will continue to source from GatherNoMoss. And equally unlikely they'll continue to use the designer you've dug out. "Sorry, we know you do great work, but we just can't risk it..."

Sad but true.

[lucykate crafts...]

i have to comment again after reading what esther hansen has written - paperchase are handing out the designers email address?? that is outrageous, talk about washing your hands of something.

paperchase may have bought the image in good faith, but they mass produced it, and profited from sales without double checking it's source.

[Hidden Eloise]

Dear David,

I didn't force the designer or Gathernomoss to do anything. I kept putting pressure to Paperchase and did my best not to involve third parties.

Paperchase never had to expose their designers. They could have apologised on their behalf and everyone seems to agree on this.

I understand your point but please also remember that the designer and Gathernomoss lied or hid the truth. I was open from the start.

Bear hugs,
Hidden Eloise

[Jennifer Smedley (Plantagemstone)]

Eloise had every right to pursue this situation David, regardless of who was responsible. It is her work!
If the 'independent artist' has no integrity, we do not want such artists in our creative community and they must learn their lesson the hard way.
As for Paperchase - Eloise is correct. They were presented with the evidence months ago and could have investigated but they didn't. It is only now, with the pressure on that they have been forced to react.
Quite frankly, I thank the universe for karma......
Chin up Eloise, we're all behind you xxxx

[Fat Roland]

Well done, Elouise. You make me proud of the internet!