Legal News

Artist sparks Twitter campaign against Paperchase over disputed design
Fri 12th Feb 10 - 13:55

As reported by Alexandra Topping, Guardian.co.uk, 11th February 2010

The stationery firm Paperchase is under pressure to withdraw products featuring a design that resembles one created by an artist after her complaints went viral on Twitter today.

The artist, known as Hidden Eloise, accused Paperchase of copying one of her designs on their products, including books and bags.

The company had ignored her claims, she said. But today thousands of Twitter users picked up on the story and within hours it was one of the top trending topics both in the UK and globally.

The design in question features a young dark-haired girl. The artist claims it is a copy of her design, called He says he can hear the Forest whisper.

She urged her followers on Twitter, and fellow artists, to bombard the company with emails. "[I]f you are any bit angry or frustrated with huge ancient vampires sucking the creative juice of indie artists, a simple email sent to them here might save me from having to raise $40,000 for court expenses!" she said.

Paperchase said it had bought the design from a reputable outside agency in good faith, and was trying to get to the bottom of the issue, adding that it was "deeply concerned" about the allegations.

In a statement on the company's website, it said: "We understand that many of you are visiting us today after hearing about the origin of one of our designs. We would like to make it clear that Paperchase bought the design in question in good faith from a reputable design studio. Paperchase is deeply concerned by the allegations and we will be looking into the matter further." A spokesman for the company said it could not confirm the name of the company involved.

Print by Hidden Eloise and a bag in Paperchase bearing a similar design Photograph: Hidden Eloise

On her website the artist said that since she had called the company they had continued to place items with her design on sale. "I'm sure Paperchase think that there is nothing that can make them stop," she said.

In an email she said she had created the artwork in around March 2008 and had sold it in on the craft website Etsy since then.

A fellow seller had contacted her after noticing the girl figure on a Paperchase bag, she said. She contacted Paperchase in November 2009 and the company denied there was any plagiarism, and stated that the company it had bought the design from also denied infringement, she said.

"Paperchase said that the items in question were in short run and that they wouldn't be renewed after they run out," she said. But she later saw that they had been freshly listed, she said.

She sought legal advice but found the prices prohibitive. "It was just too expensive to even start talking with any lawyers and the legal fees could break anyone with non-corporate pockets," she said.

Despite fears about being sued for libel she decided to go public with her claim. "It was a difficult night yesterday but I am glad I took the decision to take a firm stand and speak out for something that is seen as self-evidently wrong by so many people," she said.

"The tweeter eruption that happened this morning is the warmest, kindest and most gentle affirmation that individual people care about each other and intuitively know what is right and what is wrong. And no court of law can take that away from me."

Paperchase later confirmed that it had bought the design in October 2008, from a well-known London design studio, adding that it takes "all reasonable precautions" to check that designs are from reputable sources.

"Above all, we would like to apologise to any customers upset or angered by this allegation against us," said the statement.

"The illustrator who is making the allegation made us aware of her concerns in November 2009 and we duly responded to her in early December, since when we had heard nothing ... until today. Back in November 2009, we spoke at length to the design studio in question and they categorically denied any plagiarism."

It added: "It is worrying that such an allegation can create such reaction and again, Paperchase apologises for any ill-feeling caused."

The company joined Twitter today, under the name @FromPaperchase, to address concerns directly to the online community, tweeting: #Paperchase would like to address your concerns about the origin of one of our purchased designs." It included a link to its statement on the website.

Phil Hitchen, Associate at Ralli who specializes in business transactions, funding and intellectual property, comments:

"The position under UK law is that if the artistic work was an original creation of "Hidden Elouise" and it was not created by her in an employment capacity or on the basis that the rights in the artistic work are to belong (or be transferred to) a third party then it is a matter for her to prove she owns the copyright and/or has moral rights.

If she can then it may be possible to agree a licence with the third party alleged to have infringed (including any "back dating" for the purposes of royalties). Failing that she would have to take action based on breach of copyright or moral rights to which as artist she is entitled.

She would need an injunction or equivalent court order to stop further sales etc and such remedies are usually at the court's discretion."