Announcing My First Copyright Registration Workshop

Since last year when I had the idea for Don't Be a Fool Day, I've had it in the back of my mind to take my message into a small-group workshop format. There is nothing more gratifying to me after my infringement case than helping other people avoid my fate. The stars aligned for this idea recently and I'm very proud to announce my first "I'm Not a Fool!" copyright registration workshop! My first workshop will happen on February 28, 2014 in beautiful Astoria, Oregon at the brand new CoCommercial owned by Tara Gentile! Tickets are $25 for this two-hour workshop, get all the details right here. There will be beverages and snacks to make it even more fun! Registration is limited to 15 attendees.

Protecting Your Copyright

As a creative, are you fully protecting your copyright?

Let’s Get Ethical image designed by Lauren Hardage for OMHG

{used with permission}

This week, I am actively participating in the Ethics Theme with the Oh My Handmade Goodness (OMHG) community of creatives. Yesterday, I shared a guest post titled "Infringement Case Study and Resources to Protect Yourself" in which I shared my corporate copyright infringement story  as well as my number one tip for creatives: register your copyrights. My post has several links to help creatives take action on protecting their copyright.

Today, there is a new post titled "Taming the infringement beast" with even more action items. I encourage all creatives to take the time to read my post and Lela Barker's post. I am so inspired by the OMHG community response to my case that I'm now organizing a day of action for April 1, 2013 called "Don't be a fool! Protect your IP."

Stay tuned for more as I develop the "Don't be a fool!" day as quickly as I can.

Chris Benz's Spring 2012 Line

I have been fighting an infringement of my work since July and it is time to share my story. Fashion designer Chris Benz used my Loads of Ranunculus photograph without my permission and without compensation on his Spring 2012 line. This post is long, but it's full of important information.

Let's begin with this video interview of Chris Benz when he premiered his Spring 2012 line at New York Fashion Week (NYFW) in September 2011.

Hmmm. Now let's look at Chris Benz's Spring 2012 Lookbook.

Hmmm. Let's look at some stills from NYFW when he launched the Spring 2012 line.

photograph ©

Nicolette Mason

, used with permission

photograph ©

Nicolette Mason

, used with permission

shoe collaboration with

Alejandro Ingelmo

Hmmm. Let's look at 

a collaboration he did

 with Lancome.

If you spent $75 with 

Lancome USA

, you got a Chris Benz tote bag. 

I bought one on eBay and my lawyers in NYC now have it for evidence.

This is an ad on

Lancome's Facebook page

promoting the tote bag, 

with my photograph as the background. 

This is an ad on

Saks Fifth Avenue's Facebook page

. They also used my photograph.

Saks was the exclusive host of the Lancome tote bag giveaway.

Hmmm. Let's look at a screenshot of my original EXIF data that shows when I took the 

Loads of Ranunculus

 photograph. 

Hmmm. Let's look at my photograph!

Loads of Ranunculus

© Jessica Nichols 

Sweet Eventide Photography

You can view the

Loads of Ranunculus

photograph 

on Flickr

. With more than 10,000 views, it is my most popular photograph. I also shared it

here on my blog

on April 6, 2011 for Poppytalk's Colour Week. Jan from Poppytalk featured my photo as

an inspiration

and later in the year, she included it on her list of

Most Influential

for 2011.

Hmmm. Let's look at Chris Benz on the red carpet.

photograph © BFAnyc.com, seen on

Harper's Bazaar

Since July 2012, I have been working with my lawyers to fight this unauthorized use of my Loads of Ranunculus photograph. Chris Benz has officially stated the following to me via our lawyers:

He “gathered inspiration” for his design from sources on the internet, flower shops and street vendors, and while he “is not prepared to say that he absolutely never saw your client’s photograph,” he denies that he copied or manipulated it.  In addition, he “respectfully denies” that the fabric is “substantially similar” to my photograph and therefore there is no infringement. 

UPDATE, 11/16

: I've uploaded the QuickTime video that shows 

how my photograph was used in the fabric

UPDATE, 11/16

: A commenter named Kiki The Wonder Mule made this gif file and shared it on the

PetaPixel

post yesterday about my story.

UPDATES, 11/19

: My story was featured on

HuffPo

on 11/16/12! It was also posted to

Reddit

and I would appreciate any votes there to move it up.

I believe the photographs speak for themselves about how substantially similar his fabric is to my photograph. My entire photograph is in the fabric!

If you want to read more, here are some links:

A

Google search

showing results for "Chris Benz Spring 2012 line." 

An interview regarding the Chris Benz Spring 2012 line on

Marie Claire

magazine.

An

InStyle

magazine post about the Lancome tote bag collaboration.

Another interview about the Chris Benz Spring 2012 line on

The Bostonista

More photos from Nicolette Mason in her

blog post

about Chris Benz's Spring 2012 line.

Chris Benz

Spring 2012 review

on Style.com.

The sneakers were featured on 

Teen Vogue's Tumblr

.

Here is an extremely ironic post on

Fashionista

about how someone infringed on one of Chris Benz's shoe designs.

Let's hear Chris Benz talk to

Elle.com

about how it feels to be adored by the fashion media:

“When I asked him how he feels about being adored by the fashion media, he just said, "It's good. I always say that when you work so hard at something and put your heart into things, and people's expectations are fulfilled in some way, it's such a nice thing."

 —Rebecca Suhrawardi Austin (for Elle)

Come on 

Chris Benz

, it is way past time to step up and take responsibility for using my photograph without my permission and without compensation! I know it was exciting for you last week when you

tweeted about Sasha Obama

wearing one of your skirts on election night, but please take a Twitter break and get in touch with my lawyers.

If you want to help me fight this case, please share the story and/or support my 

print shop on Etsy

 and my 

iPhone case shop on Big Cartel

. Every single sale helps me.