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the other festa
the other festa aka John Festa is a 33.39 year old boy, has been a member since July 18, 2007, has scored 666 submissions, giving an average score of 1.18.
  Nov 16 '07 by the other festa        253 Comments        Watch this      Share:  Share on facebook    Share on delicious    Share on digg    Share on MySpace    Tweet this    Stumble this    Share this on Kaboodle   
Hi Everyone – John here from skinnyCorp. I would like to thank everyone in the community for their patience, I have been trying to get a blog post up about the resolution we reached with Anke Weckmann and Melanie Hudson, and unfortunately it has taken this long.

After the initial blog posts debating the originality of Melanie Hudson’s design and the similarities to Anke Weckmann's work, we deemed it necessary to investigate the matter further and to gather as many facts as we could from the parties involved. From that point, we reviewed all of the relevant information both internally with our production staff as well as with our external legal counsel, and came to the determination that a significant portion of Ms. Weckmann’s original work had been copied by Ms. Hudson in the work “The Greatest Connection”.

As a general rule, copying is established by showing that the accused party had access to the copyrighted work and that there is a substantial similarity between the relevant parts of the accused and the copyrighted work – which, from the facts we gathered here, was indeed the situation.

After discussing our determination with both Anke and Melanie, Melanie offered to return her compensation for this design. Further, we came to an agreement with Ms. Weckmann that we would credit this design as being “Inspired by the work of Anke Weckmann.” In return, Ms. Weckmann has agreed to allow us to keep the shirt up for sale until it sells out, at which time the design will be retired forever – no reprints, no exceptions.

On a personal note, we would like to extend a sincere thank you to Anke Weckmann for her patience and for the professional manner in which she dealt with us during this difficult time. We would also like to thank Melanie Hudson for her cooperation in helping us resolve this matter. We hope that both artists will continue to submit designs and participate on Threadless.com.
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mad cat
mad cat on Nov 16 '07 at 3:39pm
whoa
angelito
angelito on Nov 16 '07 at 3:41pm
gosh.

And hi, John.
Torakamikaze
   Torakamikaze on Nov 16 '07 at 3:44pm
damn
zipperking
   zipperking on Nov 16 '07 at 3:46pm
my heart truly goes out to her.
Kerrn
Kerrn on Nov 16 '07 at 3:46pm
oh snap

-k.
Bramish
   Bramish on Nov 16 '07 at 3:46pm
Awww, damn.
jublin
   jublin on Nov 16 '07 at 3:46pm
i can see this is serious business. it's nice to know threadless takes these kinds of situations so seriously. but i was pretty sure that they did already
littlem
littlem on Nov 16 '07 at 3:48pm
sigh.
i also hope that both parties continue to sub their designs.
Spinachlegs
Spinachlegs on Nov 16 '07 at 3:50pm
hahaha cheater got caught.
Torakamikaze
   Torakamikaze on Nov 16 '07 at 3:51pm
i hope mel keeps subbing... her stuff is awesome
shirtflirt
shirtflirt on Nov 16 '07 at 3:51pm
dang mel was hot too.

she musta felt guilty if she returned the dinero.
shirtflirt
shirtflirt on Nov 16 '07 at 3:51pm
haha, tora, she will as she's "influenced".


radiostaticstar
radiostaticstar on Nov 16 '07 at 3:52pm
that's too bad...
grayehound
   grayehound on Nov 16 '07 at 3:52pm
that's a tough thing to have happen, but it is indeed a good thing that t-less is looking out for the artists, be they regulars here or not.
Jebbie
Jebbie on Nov 16 '07 at 3:52pm
I'm with jublin.

It's like lame this situation arised, but still awesome that Threadless dealt with it in this way.
Kerrn
Kerrn on Nov 16 '07 at 3:59pm
damn looks like ill be buying my shirts right at 9 am monday...shiat

-k.
wullagaru
   wullagaru on Nov 16 '07 at 4:00pm
yeah this sucks for mel but thats the way it has to be
chelly
chelly on Nov 16 '07 at 4:05pm
i still think it's lame that mel got zero credit, but i don't understand legalities

thanks for keeping us updated
goldensara
goldensara on Nov 16 '07 at 4:08pm
sorry but I think its a bunch of crap. sooo many designers have VERY similar styles. If you can show me a design from Weckmann with a pair of siamese twins in this exact style THEN I'd say its copied.

Its quite impossible and ridiculous to expect all artists to have a completely unique drawing style from every other artist.
ir0cko
   ir0cko on Nov 16 '07 at 4:08pm
oh...
goldensara
goldensara on Nov 16 '07 at 4:09pm
oh, also like to note that I'm proud of Threadless as well for taking all claims into consideration (no matter what I think of them :P); shows youre honest and serious about what you do.
Noobits
Noobits on Nov 16 '07 at 4:19pm
wow. sarah they must have looked pretty hard at all the facts. to establish copyright is quite difficult, and it would appear that they have done this.
goldensara
goldensara on Nov 16 '07 at 4:24pm
I understand that Noobits...but I sometimes it just rankles me when everyone is so fast to scream copyright...simply because like I said, many artists have similar styles and often similar concepts.
Purple Flowers
Purple Flowers on Nov 16 '07 at 4:32pm
ditto ;)
2 days later
colorstoobright
colorstoobright on Nov 19 '07 at 12:10pm
Hooray for happy endings on everyone's part!

On a side note, I am sad that this shirt will retire once it sells out..... i wanted one of those creme-colored hoodies as well. D:
fatheed
   fatheed on Nov 19 '07 at 12:13pm
Oh, I only just saw this blog. Mel is a genuine talent, so I hope this doesn't mean she'll stop subbing.
nikolina100
nikolina100 on Nov 19 '07 at 12:14pm
awww, that makes me a little sad for the designer...but nice that
she was quoted as handling it professionally. Kudos to her!
BrandonB11
BrandonB11 on Nov 19 '07 at 12:19pm
i dont really get why everyone feels sorry for melanie

i mean it sucks that a design that took a lot of work on be printed and then having that honor (and money) taken away

but obviously if threadless came to this conclusion, its because they determined that she did copy and was caught doing it

its just poor judgement copying, so i dont feel sorry and i dont think people should

but to each his(her) own, and maybe if i became efriends with her too i would feel bad too
andyg
   andyg on Nov 19 '07 at 12:24pm
Yikes!
fatheed
   fatheed on Nov 19 '07 at 12:34pm
You can feel sorry for someone who has made a mistake, surely Brandon? She's said already that she is devastated at how this whole thing has unfolded. I think Mel was originally inspired by Anke's work, but didn't spend enough time developing her own design and borrowed too much from it. I just think it was careless more than anything else.
Tonteau
   Tonteau on Nov 19 '07 at 12:36pm
Come back, Mel!

Well resolved, threadless.

Congrats, Fatheed.
tesco
   tesco on Nov 19 '07 at 12:37pm
cheeky
BrandonB11
BrandonB11 on Nov 19 '07 at 12:39pm
yes u can feel sorry if someone makes a mistake but surely you dont have to...

i am sure she knew the consequences of copying someones work, its not like with SWP who was 13 when she stole someones work, and the majority hated her for copying

it just seems like because its an extremely well done copy and she is a very good artist that people are taking it easy on her

i am just glad how threadless took care of business, very thorough and not quick to act about something like this
blonde8007
blonde8007 on Nov 19 '07 at 12:40pm
=/
bhoomika
bhoomika on Nov 19 '07 at 12:41pm
aww ...
ISABOA
   ISABOA on Nov 19 '07 at 12:45pm
I think this is horseshit

there - I said it -

Mel got robbed
corey9
corey9 on Nov 19 '07 at 12:54pm
what i find interesting about this is how so many people are defending Mel. if things had been the other way around and Anke (lesser known of threadless) borrowed some of Mels (a popular blogger) characters what would the response have been?
welcome to highschool, i mean threadless.
Bramish
   Bramish on Nov 19 '07 at 12:58pm
corey's totally right.
fatheed
   fatheed on Nov 19 '07 at 12:59pm
I just think being publicly stripped of the prize and the credit for the design is punishment enough. I'm just weary that these copyright issues have a lot of grey areas, and it's easy to get 'too inspired' by a bit of visual material you find sometimes. I know it's happened to me, so I have some sympathy. It's got nothing to do with her ability, I feel sorry for her because she's made what has turned out to be an embarassing mistake.
fatheed
   fatheed on Nov 19 '07 at 1:00pm
Maybe I fancy Mel.
chelly
chelly on Nov 19 '07 at 1:00pm
i'm basing my opinion on the work from anke's site and the sketches that mel provided in another blog in addition to the artists that she said she was inspired by.

i didn't know zipperking and feel the same way.

some of these things that "resolve" themselves could be due to one party just giving up for not wanting to deal w/ the conflict. we don't know the details of what was provided to threadless.
Tonteau
   Tonteau on Nov 19 '07 at 1:00pm
It's a fair point, corey. I think people are defending Mel because she has been a nice person on here, is clearly a very good artist and it certainly doesn't seem like she would need to copy anyone's work. Threadless will be worse off without her designs, so I hope she doesn't stop submitting. I can't say the whole thing doesn't look suspicious to me, the face on Linnotte's girl and the faces on mel's are very similar in style.

I'm prepared to listen to any explanation, though.
ISABOA
   ISABOA on Nov 19 '07 at 1:24pm
I just think that this is a gray area - and a black and white decision was made mired in gray -

and that sucks -

if comic artist were held to similar standards - 90% of all comics would be credited to Jack Kirby and discontinued as soon as the stock sold out -
BrandonB11
BrandonB11 on Nov 19 '07 at 1:26pm
corey pretty much said what i was trying to say... but more to the point
BrandonB11
BrandonB11 on Nov 19 '07 at 1:27pm
how is saying someone was inspired a black and white decision???

seems pretty gray to me... only thing thats black and white is she dosent got any moneys
tracerbullet
   tracerbullet on Nov 19 '07 at 1:30pm
*sigh* i still call shenanigans :-\
Torakamikaze
   Torakamikaze on Nov 19 '07 at 1:41pm
i think it's pretty unfair to compare mel to swp... swp's print was a blatant copy, this was an example of taking inspiration a bit too far. Was it still wrong? Sure... but not to the same extent in my opinion. It's obvious that mel's got some talent on her own. And I'm not defending her because she's made a presence in the bloggys... I just think it sucks to see a very promising designer get all this backlash.
mcpoodle1
mcpoodle1 on Nov 19 '07 at 1:42pm
i think, all in all, this was handled really well. i mean, what else was threadless supposed to do with people telling them that someone's design that got printed was a little too similar to someone else's specific design? it's sad that mel was publicly humiliated as a result..but..

also, does this mean i'll have to change my profile pic out of respect? i kind of feel like i should.. not that it matters that much in the big scheme of things..
fatheed
   fatheed on Nov 19 '07 at 1:44pm
I'm surprised at people who are sticking the knife in. The idea of a community is also to pick people up when they trip up. You'd want the same if it was you on your ass.
tesco
   tesco on Nov 19 '07 at 1:47pm
who here remembers the bloodbath that was swp? that was a modern day crucifixion, this is just nothing.

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