Unauthorised Use of Artwork on Clothing in Major Retailers Overseas

Iggemo on 27/11/2016 - 08:53
Last edited 27/11/2016 - 08:54

Gday

My wife's an artist who has a website with lil artworks she does. Anywho, to her shock, she saw someone post a selfie wearing a shirt with her art on it - no biggy. But then later someone showed her the shirt was being sold at Target in the states. Turns out Target sourced it from some smaller company that has been printing her art and selling it on their shirts. They're both US companies. She was never consulted or compensated.

Is there anything one can do in this situation?

Cheers

edit: we've tried contacting both companies - no response/impossible to contact

Fashion & Apparel

Comments

whooah1979 on 27/11/2016 - 09:22

does your partner have evidence of their work that can be dated back to before the other parties alleged copyright infringement?
- Iggemo on 27/11/2016 - 09:46
  
  yeah no problems there
NickCan on 27/11/2016 - 09:53

Contact the Better Business Bureau (https://www.bbb.org/) in the US, they may be able to help
sane on 27/11/2016 - 10:27

+1

First question is to find out how many might have been sold. Then determine if it's worth the cost of launching a case in the US for the value stolen. Bearing in mind that Target has a tame legal team.

It can be done, but most of these companies work off the basis that the one-man-band can't bear the cost of litigation.

Welcome to the reality of 'justice' - money talks.
NickosFoivos on 27/11/2016 - 10:46

If the the copyrights of her art are registered and can prove they copied, then she has a case against them. Not sure tho, how she can move. Go to a lawyer.
[Deactivated] on 27/11/2016 - 10:48

just make it clear that you want some coin out of this
rawm on 27/11/2016 - 10:48

+3
All the very best with this David Vs Goliath battle.

If you can tick all these off, you're in a decent position:

confirm the shirt is in fact stocked and sold by Target USA (I'd hazard a guess that the units sold would be in excess of ~100,000 Nationwide; that's cause for pursuit right there)

confirm that your partner is the originator of this image

confirm that the image was not published on an open source marketplace (i.e imgur, facebook etc)

confirm the date the image was created

confirm the image was copyright marked or not intended for public use

have the ability to borrow/use funds (thousands) to use for litigation

I'd be contacting a trademark lawyer yesterday.

If you play your cards right and launch legal proceedings, at the very least a decent settlement will be offered surely.

Don't let the big guy walk all over you - Watch this before you begin your battle: https://www.youtube.com/watch?v=0zFAvzf0Mv0
Katie2014 on 27/11/2016 - 10:58

+2

I remember a similar case regarding a Melbourne artist and Target Australia:

http://www.abc.net.au/news/2015-06-29/target-caught-ripping-off-peaches-and-keen-clothing-design/6581910
The designers contacted an intellectual property lawyer who advised them to contact Target directly. Target ended up paying them $5,000 and removing the stock.

Interesting comments from Target in the article:

"Target takes its responsibilities in respect of [intellectual property] issues very seriously."
…
The company has refused to say how often it copies small designers' work.

There was also another case regarding an artist in the US:
http://www.startribune.com/target-removes-t-shirt-from-stores-after-designer-claims-it-was-copied-from-her/303654601/
This was Target US. She contacted Target by phone, who gave her an address to send her complaint to, and then they removed the stock (no mention of compensation).

Good luck - I hope you can get it sorted.
- Iggemo on 27/11/2016 - 11:42
  
  +1
  
  interesting.. that
  
  "Target takes its responsibilities in respect of [intellectual property] issues very seriously."
  
  Wifey got the exact same email as that word for word, but since then Target have not replied any more..
  
  i wonder what the options are?
  
  publicly humiliating them on their facebook page ? ;)
  - cloudy on 27/11/2016 - 12:17
    
    calling this out is certainly warranted. So I'd encourage it. But may, or may not help you directly though.
- Diji1 on 27/11/2016 - 12:28
  
  +2
  
  $5,000
  
  Gosh, they got … shitty compensation.
purplelady on 27/11/2016 - 12:42

There's someone making comics and post it on instagrams and later on got them published. Then a magazine in Vietnam took her comic and post the stories on the magazine weekly. She was not informed. She only knew after her instagram follower told her about it, she emailed the magazine company etc. I am not sure if at the end she got money of the ones already published on the magazine, but the magazine admitted the fault, post an apology an acknowledgement on the magazine and negotiated with her for further use of her comic. If you want to ask her, I can give you her instagram account. She's based in Singapore I believe.
[Deactivated] on 27/11/2016 - 14:19

-4

Op wants to make a buck out of this
- Iggemo on 27/11/2016 - 15:22
  
  +3
  
  well, duh
- itajac on 27/11/2016 - 17:59
  
  +5
  
  And why shouldn't she?. It's her IP and she sells her artwork for money…
kommy on 28/11/2016 - 07:33

Maybe try and get a current affairs involved? They love a good underdog story.
thefreelunch on 28/11/2016 - 07:52

+1

Get a lawyer ASAP - Target will no doubt have notified their legal team in response to your query, hence their stock answer and then nothing.

Here's an interesting article worth a read: http://www.abc.net.au/news/2015-08-15/copyright-infringement…
- godofpizza on 28/11/2016 - 14:41
  
  contact a Copyright Lawyer. not sure if afford the legal battle will be cheap but it's best to get some evidence if it's still being sold.
chumlee on 28/11/2016 - 07:56

As posted above a few times. Your wife needs to engage a lawyer in the US. Compensation will be payable if your claim is agreed by parties involved.
[Deactivated] on 28/11/2016 - 11:16

-1

start making the shirts yourselves and sell them in walmart
- JIMB0 on 28/11/2016 - 12:37
  
  Or cut a deal with Target to take their stock in lou of some compensation.

Unauthorised Use of Artwork on Clothing in Major Retailers Overseas

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