Music △ Please!
( Copyright )
I designed a shoe box with the peculiar brand name of Classic Cruisers for Payless ShoeSource, an international company. The name came from the client, not us. So naturally, the design would require a representation of a classic '50s car. I had the idea of illustrating the backend of a classic car as if it had just flown by with the Classic Cruiser's name above it. Days later, while I was on my lunch hour thumbing through a magazine, I came across an ad that had nothing to do with shoes, with a colored photograph of the rear view of a classic 1957 Chevy Bel Air. This is where the copyright infringement suit began to STINK!
I decided to use the photo for reference. The design of the box needed to be strong and graphic. To accomplish this, I illustrated the car using pen and ink with bold outlines in a stipple style (ink dots) and had it printed in two colors, navy blue and red.
(1) So, the piece in question is no longer a full-color photograph but a simplified two-color rendition.
I wanted the car to have that classic fifties look, but, at the same time, make it generic to a degree.
(2) So, I altered the position and shape of the tail lights and some of the trim to make it unidentifiable as a Chevy Bel Air.
I also wanted the illustration of the car to be uniform on both sides.
(3) So I drew one side and flipped it to draw the other side, slightly altering the shape and perspective.
The final design was the 50s car fins partially over the Classic Cruiser name in a semi-cursive style.
So you see, there were many differences between the colored photo in question and my creation.
Can you smell the stench of this so-called copyright infringement yet? You can’t copyright a photograph of a car. Everyone knows that! No more than I could copyright a photo of a toaster; people would copyright all kinds of photos of objects and things, leaving minimal latitude for others to express themselves without being sued. RIGHT!
The plaintiff claimed it was the unique perspective of the car that I infringed on! Well, from my perspective, this is about as stupid as it gets! This stunk so bad you could see the fumes! It makes me question the competence of our lawyer. Maybe his rationale was that it would have cost more to fight it than it would to go ahead and pay the $33000. I don't know. As it turned out, I wasn't the only one who thought this frivolous lawsuit had a vile odor! Anyway, we paid the ransom, and work went on as usual. ❦