Without knowledge, this is my copyrighted artwork that has been reproduced on a flag made in China and sold in Walmart stores. But they had the nerve to lift my writing out of the image and added TYPE!!!! Wow!!!! (it's MY grandparent flag concept that i penned in 2008 and license to another manufacturer, NOT Walmart!!!) Looks like a few phone calls for some legal assistance are in order for Monday. It's so wrong!
MY ORIGINAL ART DONE IN 2008- Licensed artwork to a US flag company.
What are your thoughts on practices like this?? Can you believe it?!!
I am sooooo sorry to hear this! I think that it is beyond horrible. What are your options?? Praying that this will be rectified quickly and to YOUR benefit!!
ReplyDeletei would contact the company you created for originally. maybe they will take on walmart.
ReplyDeleteI'm sorry too..I think Sandi has good advice re letting the company you created for originally know the situation.They are in a better position to take it further.The copyright is an infringement of them too.
ReplyDeleteI know how it feels, as it has happened to me many times (in a much smaller way). Being creative and an ideas person, means others will copy.Try not to let this sour you.
I love your work.It inspires me, but I don't copy.I use your work as a wonderful stimulus to get going on my work.
Wow Joanne. This is terrible. I agree with Sandi and Judy that you should contact the company you originally made this flag for and see what they will do with this. There's alot of this garbage going on today. You paid to have your work copyrighted for a reason. Now this company in China has infringed on your rights, taken away your name, taken any credit for your design, taken your ideas, your product, and your money for the product. I say go after them "big time". Please keep us posted, and I hope this all gets straightened out for you. Linda E.
ReplyDeleteThis is why I'm afraid to put any of my short stores and/or doodles online...
ReplyDeleteWhat have you decided to do?
Not that I needed another reason for doing so but this is on the list of reasons why I'll never shop Walmart. Shared with others in hopes of inspiring more people to shop anywhere but there.
ReplyDeleteSorry to see this Joanne. Unfortunately it happens all too often. I doubt the buyers at Walmart had any idea the art was copied, and maybe not even the company that produced the flag, OR the licensing agent that sold rights to the flag...but the artist who copied the flag sure did! All that said, you certainly have a case and like other posts advised, it might be easiest to first contact the company the flag was originally licensed to. They most likely have the legal department in place to deal with something like this and then hopefully you won't incure any out of pocket expenses. A real shame this happened, and I hope you can get it resolved in your favor!
ReplyDeleteJoan
I think it is a rip off too. I think I would watermark in big letters my art or not post something that you don't want taken. I read of a family that posted a family pcture and some one found itn in germany on a big billboard. It is a world wide web and there are unhhonest people looking at it all the time. It is just going to get worse I am afraid.
ReplyDeleteSo sorry this happened.
Sharon
I can't believe that happened to you Joanne. I hope you are able to get some legal help, and get Walmart to take the fake product down.
ReplyDeleteIvy
I'm so disgusted by this I can't even believe it. What is wrong with people? Such dishonesty to rip off artwork for their own purpose. Oooooh, it makes me sooooo angry. Get on the phone with your lawyer first thing. Seriously... I'm never going to Walmart again. SO AWFUL.
ReplyDeleteYou inspire us, Joanne. I keep a printout of your "Just Be" piece on my inspiration wall. Would I copy it? NO! Do I envy it? Yes! Does it inspire me daily? Yes! You're an incredible talent and one that I am so thankful to have in my little arty corner of the world. Chin up, my friend. (Now, where'd I put my baseball bat so I can go kick someone's ass for you?) xo
Oh I hope you get this taken care of. It is so hard to fight big corporations. You should be compensated for this and they messed up your design with the typed lettering
ReplyDeleteI am from France and I agree with what is said here above. When I wrote a book published about fabric and threads ATCs, I undestood that the editor becomes the new owner of the pièces of art, and they are the one who is commercially spoiled and committed to sue.
ReplyDeleteHowever I undestand how you feel. A lot of artists are regularly robbed like that. And each time I show something on the web I think someone in China or elsewhere can take advantage...Is there a solution?
So sorry to hear this, Joanne. I hope you have friends who are lawyers. If not, it's time to make a new friend! You'll need help going after these crooks.
ReplyDeleteThis is unacceptable and down right highway robbery! Thanks for posting this and please keep us updated! You are probably not the only one they have done this to so your fight could help other artist with this practice of DOING BUSINESS!!!!
ReplyDeleteThere is nothing more violating to an artist's spirit, then to have their designs stolen! This copy is so blatantly done, it's shameless! #walmartknockoff #shameonwalmart Shared, best of luck with getting some justice in this!
ReplyDeleteI am completely shocked and can't actually believe that your copyright is just ignored. I hope you will be doing something about it.
ReplyDeleteThis is disturbing...and jaw dropping.
ReplyDeleteI think you got it right with the Grrrrrrrrrrrrrrrrrrrr
ReplyDeleteIt happened to fabric designer and art quilter Paula Nadelstern, too. She walked into a hotel and saw her design on thosands of square feet of carpeting. I believe she sued and won.
ReplyDeletetruly sucks...I'm posting about this on Facebook...
ReplyDeleteWOW... this is soooooo wrong! People just do not have any scruples any more. Nail 'em to the wall!!! Shame on them! I'm sorry it has happened to you.
ReplyDeleteThat's infuriating! You are right to be angry. My hubby's employer has had problems with Chinese companies buying their products and then blatantly copying them too. We all need to wise up and stop supporting them by buying cheap Chinese garbage.
ReplyDeletewow- WOW.
ReplyDeleteThat's just Despicable! REALLY ticks me off that they do that to artists! So sorry it happened to U.
ReplyDeleteGrandma Nancy Sapp
Go after 'em! I agree with the GRRRR!
ReplyDeleteWhat a pain in the you know what!!! So sorry you have to deal with this baloney, Joanne. Good luck and hope you can get through the process in a small amount of time.
ReplyDeleteI can't believe this! So sorry about this. Good luck.
ReplyDeleteHi Joanne:
ReplyDeleteSeveral years ago, one of my decorative painting books was re-printed in its entirety, but with every painting in the book painted by their own artists. I guess they thought it was okay because THEY had done the paintings. The publishing company that ripped me off was based in a foreign country. Guess they thought no one would notice!
Fortunately, my publisher took on the task of suing their butts!
I'd say there's some money coming your way! The nerve of some people! I'm rootin' for you, kid.
ReplyDeleteUnfortunately copy right infringement like this is almost impossible to enforce. My sister had a shirt she designed copied by Kmart. They went to court. After several years of legal fighting (costing money) the case went to a jury. The jury found that there had been no copy right infringement because the colors on the shirt had been changed by Kmart. I suspect that any average American jury would find the same about your flag. So sorry that this has happened to you. By the way, I loved the class I took from you at the New Jersey Create.
ReplyDeleteHi, Joanne! I am so sorry this happened to you! And on such a beautiful piece! Did you retain copyright on the image when you licensed it to the flag company? I know international laws are awful. Check out: http://www.copyright.gov/wipo/ and read the section on International Copyright under Publications. Suks big time! I'd for sure contact the company you licensed your design to, and maybe contact an attorney based on what they say. You can fight this, but it may cost a lot of time and money. So I'd contact the flag licensing company & Walmart corporate. Just knowing that you, and others, know what happened & are willing to fight, may be enough to stop them. It's worked on some garment factories in India when that was brought to daylight! Continued blessings on your life & art! If you need us to sing petitions or whatever, just let us know! Hugs, CC, aka Minerva ♥
ReplyDeleteDoesn't it make you wonder how the art work is getting passed around in the first place? We have the same infringement problems in the basketry world. Our Nantucket basket makers wer horrified when crappy fake Nantucket baskets started showing up in Christmas Tree shops. Again made in China.
ReplyDeleteIt hurts all artisans financially any way you cut it. It stinks! You will have to let is know how this turns put!
I think it really sucks. A while back I spoke to a lawyer about a product I had invented. I was interested in purchasing a patent. He said, it's not worth the money. All a person needs to do is change it a tiny bit. No laws broken. Hopefully, it is different with art. Goodluck.
ReplyDeleteI am so sorry this happened...glad you found it and hope you can get it sorted out legally!
ReplyDeleteSue the bast&$)des. Ginny Beyer did it when she saw her exact quilt being sold on QVC. And she WON! It would not only anger me but feel violated. Go get them!
ReplyDeleteGo get them for sure. How dare they!!! That is just so wrong.
ReplyDeleteThis is so wrong! I am sorry you have to deal with this! Good luck getting to the bottom of this!
ReplyDeleteHow the heck could they get a hold of it? I mean where did they find it? Can you sue? Wow..............I am flabbergasted.They didn't even try to make it a bit different. I can see how an idea can be used but thats not the same as a complete copy. Wow.
ReplyDeleteJanice
That must be so infuriating! I'm hope that you can get it resolved in your favor. Good luck! Keep us posted.
ReplyDeleteugh....what a nightmare! i'm SO sorry this has happened, joanne! go get 'em, girl! xox
ReplyDeleteOh Joanne, this is so awful. I'm so sorry you're going through this! Go get 'em and please keep us posted as to how this is resolved. Big HUGS, Linda
ReplyDeleteJoanne, you certainly don't deserve this! What is the next step for you in this process of cheating you? This makes me wonder how many things I've purchased that were stolen in this way? How can the public know what's what? I host two collage workshops every month, using magazine images, and we are very careful to never sell them or duplicate. Even though you may not see a copyright notice printed on an image, there's a copyright somewhere along the.
ReplyDeleteI am sorry you have been mistreated in this way.Especially since you're so kind to everyone along the way and generous, also.
I wish some peace of mind for you,
Love, Sandy
Dublin, California
Unfortunately I have had this happen a few times too... the most recent, I walked into a gift store that sold picture frames... and there was my artwork in all of them... Twilight Zone!
ReplyDeleteI immediately got legal advice and all we needed to go for was the company importing it as it's their responsibility to import goods that conform to the law (No need to track down the Chinese manufacturer).
BUSTED!
Good luck with this, you will have them on toast.
xoxox
JAne
So sorry this has happened to you Joanne. Hope you are able to resolve this issue quickly & in your favor.
ReplyDeleteGo after them with all you've got! This is just wrong and theives need to be stopped!
ReplyDeleteLooks like the Walmart Legal department needs to do a better job of vetting these Chinese made goods. I am not surprised that China ripped off your Copyrighted work, that is the main basis for their manufacturing economy, ripping off ideas and products from other countries. The Chinese develop very few original ideas and products of their own and the world has allowed them to get away with this for far too long. As American consumers we should be more vigilant and try to buy products that are NOT manufactured in China. In addition to manipulating their currency to undercut prices, many Chinese goods are actually produced by "slave" labor, people incarcerated for political ideas and minor offenses just in order to steal their labor.
ReplyDeleteSorry this happened to you. Please let us know the outcome of your contact with Walmart.
Carol B
ciaoitalia2007(at)gmail(dot)com
Disgusting!!!
ReplyDeleteAmong the many other obvious thoughts -- they're theives, they lack morals, they seem to be ignoring any number of laws -- comes the most indisputable and distinct observation: they must be *lunatics* to replace your amazing writing with anything else, a lousy typeface most of all.
ReplyDeleteAs an artisan, I don't even repost another's image unless I can absolutely verify and include the information about the original author/artist along with the URL. This is reprehensible behavior. I hope you take this just as far as you can, and that you prevail.
Joanne, I read your blog frequently. I am a huge fan of your work. How did Walmart receive the image? That is my biggest question. I wonder if someone sold it to them? Have you ever published this image on the internet?
ReplyDeleteI agree with the others though. This was just wrong no matter how they got it. Good luck!
I am here to bookmark your page (LOVED the class). I could imagine people making like pictures, but this is an exact replica- even the shading in the windows. Oh I certainly would get a GOOD lawyer.....!!! So sorry you have to deal with this!
ReplyDeleteThat's AWFUL! It's so common amongst high street stores, smaller designer's designs are constantly being ripped off!
ReplyDeleteI’ve never walked through the doors of a Walmart store and here’s another good reason to keep it that way. As they say, companies like this really know how to ‘take it down a notch’. Disgusting and just plain wrong. From what the others have said, it sounds like you’ll have to look the other way and move on. Just like I do whenever passing by Walmart.
ReplyDeleteWhen this happens to someone like you who is published, it makes me wonder about anything that's posted by all the people on the Internet! I hope that you get credit for your work & compensated! You do beautiful art! I'm taking the Strathmore online class that you & Jane LaFazio are teaching & have been waiting oh so impatiently for your workshop 3 to finally be here!! Can't wait :-)
ReplyDeleteThere was a huge discussion about this over on the LinkedIn boards for the Art licensing community. The stores have no idea about art licensing and so when a manufacture offers something for sale to them it is in a catalog and they have no control over if it was stolen or not. The biggest way that you can prevent this is to use a watermark on all photos of your art that you post online. If you look on the back of the packaging you will find the manufacture's contact info. Walmart and lots of other big box stores have things private labeled but it is the manufacture that actually is the one that is the infringer. Sorry for such a long response but I thought it might help you to know exactly who to contact.
ReplyDeleteAlso you might want to do an UPC code search online to see where else it is sold. BTW it is also being sold on AMAZON, flagsonline.com, united-states-flags.com, flagsonastick.com, gardenhouseflags.com, www.gabrielsgiftsandmore.com/grsphegafl.html, and a few other places so even some of the smaller retailers have the same company providing them for them as well.
DeleteThis comment has been removed by the author.
Deletesorry for so many comments but I thought you might also like to know that this website has it on mailbox covers as well as welcome mats. http://www.windsensations.com/Grandkids_Spoiled_Here_Mailbox_Cover_p/9804mm.htm
DeleteThanks for your help Kate Cannon. The image IS licensed to another manufacturer legitimately. Apparently China felt it was okay to lift this public image for their own. i have a lawyer working on this.
DeleteWow! So wrong! I wish you the best going after the culprits!!! Angela Rae Barribeau
ReplyDeleteI always want to believe the world has beautiful people in it like you and so many I love in this life close friends or just a artist that inspires my day to be brighter and better..then I read this and I am reminded of the darkness in people..so sorry for you.
ReplyDeletehugs
susan s
This is terrible and I hope you can get justice! Please let us know what happens.
ReplyDeleteOh.My.Goodness. I am so sorry:-( I hope you have been able to get help and make progress on this since you found the "false" flag!
ReplyDeletethere is quite a bit you can do, and for starters Walmart will need to pull them out of the stores, and you can file a complaint with the ftc that imports goods that violate international copyright laws. Sadly major stores, including companies in the usa are abusing artists copyright on a scale that is hard to keep up with. I have had so much of my work ripped off I can't even keep up with it and I am filing dmca notices left right and center. anyway, hope you get this sorted. all the best
ReplyDeleteWhat a wonderful story - thank you for sharing. The images just burst with joy - pure happiness for my eyes.
ReplyDeleteConsumer Product Licensing & Event Merchandising
Articles and content in this section of the website are really amazing. Great ideas indeed! I will surely keep these in my mind!
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