Today's post really isn't embroidery related, but I feel like it's important. Two nights ago I googled "Early Bird Special" and this blog was the first return. That's pretty cool, right? But then I noticed image results with my logo were being displayed too. So I clicked on the image results to see what was going on.
I found 5 different companies using my logo without my permission to advertise for their "early bird special" sales. So yesterday I emailed each company, politely asking them to remove my logo, because I own the copyrights to this image, and I didn't want there to be any confusion as to where it belongs. I've had 3 responses. 2 willing, and 1 not so much.
I'm posting today to clarify, this logo is indeed mine. It was personally commissioned for me by David Bruehl in 2007. You can see that's when I uploaded this photo to my blog and to Flickr.
Logo with white background. This is the version I use most frequently.
With brownish background. This is the version others are currently using.
With blue background. Updated for Spring fun!
It does not matter what color the background is, the image above is mine and should not be used by anyone else without my permission. My concern is where are they finding the image with the brown background? I could only think of one place where it was visible with the brown background, on Indie Public. Before yesterday, I hadn't signed in to Indie Public for 2 years. Yesterday I deleted my account.
One of the people said she found it on a clip art site. I asked her if she could tell me what site she found it on, and she couldn't remember. She said she sometimes just pulls things from Google image search, and maybe that's where she found it. You can't just do an image search on Google and use whatever image you like.
Sorry to get all serious on you, but this is a serious issue to me. The issue I have has absolutely nothing to do with the phrase "early bird special" which is a common phrase and one people have every right to use. I am asking people to remove the COPYRIGHTED IMAGE that I OWN which they have used for their company's advertising.
If you have seen my logo being used by any other business or even being offered on a clip art website, please let me know. I can't police the entire internet, you know.
Next time I promise to have a happy and inspiring post all about embroidery.
xoxo,
Amy
One of the people said she found it on a clip art site. I asked her if she could tell me what site she found it on, and she couldn't remember. She said she sometimes just pulls things from Google image search, and maybe that's where she found it. You can't just do an image search on Google and use whatever image you like.
Sorry to get all serious on you, but this is a serious issue to me. The issue I have has absolutely nothing to do with the phrase "early bird special" which is a common phrase and one people have every right to use. I am asking people to remove the COPYRIGHTED IMAGE that I OWN which they have used for their company's advertising.
If you have seen my logo being used by any other business or even being offered on a clip art website, please let me know. I can't police the entire internet, you know.
Next time I promise to have a happy and inspiring post all about embroidery.
xoxo,
Amy
yikes! That is something i've noticed alot on the internet. People taking photos (and obviously logos) without permission. That's the reason I put my name on all my photos I post now. Because i've googled myself, and found lots of my photos on other people's websites/blogs, etc. Which is fine, but they should tell whose photo it is. I know it's not the same as your copyright infringement on the logo, but just sayin'. People are shady.
ReplyDeleteoh no! that sucks, amy! i hope the other company comes to their senses and co-operates. you would think people would be more savvy these days and not just use whatever they find in google image searches, right? oy!!
ReplyDeleteoh that is so annoying! The logo-stealing I mean not your blog post ;) Maybe some people took it from other sites not knowing it was not copyright free but you would expect them to take it down when you notify them! It's just very rude.
ReplyDeleteI would recognise that(awesome!)logo anywhere but haven't seen it on other people's site thus far. x
I am so sorry to hear this. It really is heart-sinking and frustrating when people just use your "whatever" in whichever way they see fit.
ReplyDeleteBut good on you to blog about it. Not just to say you won't stand for it, but also to, hopefully, educate people.. that just because it's on the internet doesn't mean that it is free for the taking.
I hope all the infringing parties come to their senses and stop using your logo. :-)
Unbelievable. The Internet is being treated as a free-for-all. At least it's somewhat heartening to hear of the two willing responses...good luck with this frustrating challenge. I can imagine how upsetting it is!
ReplyDeleteI'm learning that most people are are weasels, and nearly everyone wants something for nothing - it's increasingly evident that people seem to think that what is mine is theirs, too, or that the fruits of my labor should be theirs equally. Good for you for sticking up for yourself.
ReplyDeleteUgh, I'm sorry that you have to deal with this frustration! It's unbelievable that one of the companies won't comply and remove your image. Personally, one of the things that I love about the internet is the ability to share (and I know that you do too, your stitching lessons are a great example of that!), but when someone else tries to make money off of something of yours, they've gone way over the line of sharing. I hope you're able to resolve the issue as quickly and as pleasantly as possible. Good luck!
ReplyDeleteI'm sorry that people have stolen and misused your logo. : (
ReplyDeleteWhile I do think a lot of people honestly don't understand image copyright, I think the majority of them just don't care and have the feeling of "let them send me a cease and desist first!"
Which is very wrong.
And unfortunately, I have real life experience horror stories that show how little businesses care about using other people's work.
I used to work as an in-house designer and artist in two different industries. And the art directors, bosses, and owners at both companies highly encouraged swiping designs, images, and ideas from whatever one could find online and from competitors, as their idea was, "It saves us time and therefore, money."
And ultimately it was my refusal to do so, as well as mountains of other moral and ethical clashes I had with the companies, that I quit both of those jobs. Hence, I am self-employed, and now not insane with depression! : D
Anyway, if you own this artwork, you might want to consider including a ©Early Bird Special and a year in small print around the edge of the actual art to clue people in that it NOT clip art.
But if the artist still retains some rights, you may need to consult some copyright law before doing that...
Sorry so long, but hope something in there helps, and I hope people stop stealing your logo!
There often seems to be confusion that google images = clip art. I have run into that too. And the people just won't believe you if you tell them otherwise- probably because it is inconvenient for them! Good luck- I hope you can get it worked out.
ReplyDeleteThat's how I felt when I saw Sublime Stitching selling pattern sheets of pills after I spent a year of my life dedicated to exploring them as an artform. Oh well. What can you do?
ReplyDeleteI am so sorry that this is happening Love! Mean people suck! Thanks for the link to swap group yesterday. I love ya! XOXO
ReplyDeleteoh boy, more things to worry about when creating great images. not cool.
ReplyDeletethat is so dirty and nasty of them, and i totally agree with you and i would too feel cheated.
ReplyDeleteon the plus side maybe you could feel a little wee bit flattered!!! for them to have chosen YOUR logo, it sure is a pretty one!!! ;-)))
but i agree that you should stick with it and they should stop using other peoples stuff, the least they could do is ask.
becky
Aw man, this is horrible...I'm so sorry to hear this!!
ReplyDeleteThis type of thing just gets me all riled up.
(I found you via the adorable jenny/frecklewonder but I'm also pals with Pilgrim and Danielle/KitschyDigitials and Teri/giddygiddy.....have we "met" before?? I feel like our paths should/must have crossed!
: )
Alix
modernkiddo.com
strawberrylemonadeblog.com
Yikes! This happens so much more than people are aware of!! :( Bummer! I'm so happy you found out and took action, and I hope the stealers cooperate! It's piracy! Down with stealers, I say.
ReplyDeleteGrrrrr, I kinda wish I knew which one was the uncooperative thief so I could yell at them myself.
ReplyDeleteSo sorry this is happening! Good on you for taking action!
I sometimes use other peoples photos/graphics in my blog posts, but I always make sure I credit the original source. Hopefully it scores them a little traffic love.
What? I am glad to hear that the peeps took them down, they really probably did not realize that it was a copyrighted image, but, what about the dumbass that left it?
ReplyDeleteI am loving the blue dot! I'm going to write a "cease and desist" to you for that!!
This comment has been removed by the author.
ReplyDeletethat's beyond frustrating! especially because i am a huge fan of david's work and your blog... speaking of, i was very suprised to find that you are also in okc. small world!
ReplyDeleteanyhow, i hope this gets resolved one way or another.
~okie love!
This IS a serious and a legal issue. You have every right to legal action if needed. I've been thru several copyright infringement cases and it can be expensive but sometimes you can get a little legal advice that can help. Good luck...I *strongly dislike* it when this happens.
ReplyDeleteHi Amy,
ReplyDelete(And everyone else) I have a couple of suggestions:
If you add the word "embroidery" underneath your logo, it will greatly reduce usage by others- and shouldn't feel like it's altering your logo too much.
Also, when you create your file, name it something like "copyright2008_earlybirdlogo.jpg" so that when they right-click it they'll see the copyright notice as the filename.
Hope this is helpful for everybody!
Jenny
This is a great warning. Reminds me that I should go re-name all files online with my logo to include the my shop name or a "trick" name like 123bird.jpg (so people won't change it when they steal/use it) so I can occasionally check to make sure it's not being used w/out permission. I get a lot of comments on it and it's just a matter of time, huh? Again, thank you!!
ReplyDeleteLong time reader, first time poster...
ReplyDeleteFirst off - good on you for standing up for your rights!
Second, excellent advice from Jenny Hart. My photos are under Creative Commons Licensing, but still I sometimes find being used for commercial purposes. I like the idea of changing the file name.
Third - Loving your stuffies! I made one for my littlest one but put a empty baby wipe wrap in it as a crinkly toy.
Hi Amy
ReplyDeleteThank you for adding me as a contact on Flickr! :-) I didn't know about your blog, so I'm glad that you did!
I'm not surprised that you're angry about this theft of your logo! It does show that it's a desirable design... just a shame that people have thought no-one would notice them nicking it... Folks have given some really useful advice and tips for future... I've had a similar problem that I need to sort out, a printed magazine (won't say which here) printed a photo of an embroidery that was my original idea, then used it to advertise a design company! It doesn't help that the magazine isn't in English... I only found out that someone recognised my design on my Flickr pages! What are the chances of that??
Best of luck with those companies, and by the way you have a fantastic blog! :D
Best wishes
Joey x
You are all going to hate me but where I kind of agree in this instance as it is art work and obviously a logo, I don't always. I know people see photo's as art but honestly unless they are hoping to sell them or they are of people (which needs permission in my view to be seen in public at all) the view from the bridge (or whatever) is just that and belongs to everyone - it's just what we can all see; no one owns it! I also see really simple designs for things involving square or circles say, with people putting captions saying sniffy things like don't steal - would anyone want to? and more to the point aren't certain things just easy to think of and will be over and over again by many people (what about a basic 5 petaled flower, have we all stolen that when we doodle?) - you can't copyright that, I don't think. Same with knitting patterns etc - what makes you think you invented that stich and that it isn't already out there. Is an exhaustive search undertaken first? - It' impossible to know. I'm reminded of the kids in school who do their thing while shielding it from sight with their arm - pathetic! Anyone who wanted to copy me was welcome. How about some give and take here. It shouldn't all be about money should it? You can't own the world! Like I say I agree here but an example where I don't was someone making scrabble tile pendants - a good but basic idea - it doesn't belong to anyone in my view, it's a oblong bit of wood decorated for goodness sake. 'You' don't own that idea. If I want to make one I surely will and I won't ask first neither. Sorry if that breaks into your sales profits but that is life. It's like saying no one can make pens apart from one way - somethings are just out there. It is complicated and essentially copyright is up to the peron who has it to police it - if you can't is there any point in having it? People are too precious in my view and some people should get over themselves! The internet is your friend and gets you sales and publicity etc but sometimes it's your enemy too. I doubt if in this case, although I'm with you in theory - in practice did it actually matter much? They were not competing with you so I would shrug it off. Also it's not impossible someone else also invested your logo - improbable perhaps but not impossible. No one person is as unique or as special as they perhaps like to think - a lot of inflated ego's out there, don't you think?
ReplyDeleteFelicty
Felicity,
ReplyDeleteI understand your point of view and perception. Its a perception many have ever since the internet boom. However, legally it is incorrect, even for photos.
Unless you create or took the photograph, logo, art, doodle, etc yourself or paid someone else to create/make it for you and paid them to transfer all rights to you, you actually are not legally allowed to use any photo or image you find on the internet UNLESS it explicitly says its for public use.
Doesn't mean people don't do it all the time, but just because its a frequent occurrence doesn't mean its legal. And if you do get called on it, you could be in for some serious trouble depending on how far the person who DOES hold the copyright to it is willing to take it.
A lot of simple designs are things that anyone can doodle, and do and there will always be some accidental crossover, but such cases are pretty apparent that any imitation was unintentional. Its also pretty apparent when someone blatantly copies other designs. And as in the case of Amy's logo its not even an imitation, its an exact match. Even if someone hired someone or drew a similar image themselves, it wouldn't be an exact match unless they literally traced over the work. And in this case they didn't even do that.
A lot of people just aren't aware, while some knowingly do it. I work as a graphic designer, and with people who hold PhD's in microbiology and other sciences, and even they sometimes try to send me images to use that they "google image searched". A good 10% of my job is explaining to people what they are and aren't allowed to use.
Before the internet it was a lot harder to steal designs and images, however its now so easy and much more prevalent. And a lot of people want to defend their actions, but in this case the companies that took and used the logo without permission, and your perception are on the wrong side of the law.
Amy,
I'm so sorry someone did that, definitely pursue it and make them cease all use of your graphics.
Suzi :)