Topics: Design Reference, Managing Design, Professional Development

In 2008 Chronicle Books published our first book—a collection of posters from our then 20-year history, Modern Dog: 20 Years of Poster Art. During the making of that book, my 14 year old Westie became sick – first with Cushings Disease, then Cancer – and died.

So we dedicated the book to him.

We decided to personalize the inside of the front and back covers with illustrations of our dogs and our friends dogs and other random dogs. So we put the word out to everyone we knew, they sent us photos, and we drew portraits which became the end pages.

The end page illustrations included 136 dogs and a couple of very cool cats. On the left are "Dogs We Know" and the right side are "Dogs We Don't Know".

Last September someone from another design studio contacted us saying they had seen our dogs on a T-shirt being sold through a major retailer. Our first reaction was that it was probably just other dog illustrations that looked very similar to ours. We looked at the online version and thought we recognized some of the dogs, but to be sure we bought the t-shirt so we could take a closer look.

If we take our drawings and flip them horizontally, the images line up and do look strikingly similar to our dogs. We believe that all 27 T-shirt dogs originated from our book.

A close-up of the T-shirt we bought. In fact, 2 of the 27 dogs on here look like my dog Conan.

The T-shirt is also part of an advertising campaign for a movie, and was packaged with a hangtag advertising the movie.

We have seen our work show up in unexpected places before, but nothing like this. Bewildered, we felt compelled to make things right. So we entered into a lawsuit that is now more than 8 months in the making.

We've been keeping this on a low-profile, treating it as just a part of business and continuing our regular work, but the lawsuit has affected our lives. For months we have gone through a mix of emotions, ranging from outrage, sadness and even embarrassment when we realized that the lawsuit—which was being blogged about by a copyright lawyer—was showing up on the first page of a google search under "Modern Dog Design."

We don't want potential clients to think that we are litigation-prone, and we are hesitant to say anything that could potentially be used against us as the dispute is not settled. But people we barely know have come up and asked us about the case, and our desire to preserve the reputation of our studio compels us to speak up now.

My business partner and I both teach, and we realize that most students really don't understand copyright law. Ethical questions aside, we are always surprised at what many think is okay.

Here are some examples of illustrations and source photography.

Above and below: side-by-side comparison of dogs from the shirt and the dogs we illustrated flipped horizontally. Some detail naturally drops out in the screen printing process.

My sweet boy resting about a month before he died. We dedicated our poster book to him. The inscription reads: "This book is dedicated in loving memory to Pete the Westie, April 23, 1993 - June 10, 2007. He made it through the 90's without a single tattoo".

So what do you think? We ask that the dialogue remain civil and polite, and even if you know—or think you know who the other parties are involved—please don't identify them in your comment. Thanks!

My partner Mike made a video showing comparisons between our book and the shirt.

{"http:\/\/www.rockpaperink.com\/content\/column.php?id=303":{"comments":{"data":[{"id":"10150879560739697_22676243","from":{"name":"Cami Travis-Groves","id":"1478634879"},"message":"Unbelievable. Unacceptable. Unfortunate.","can_remove":false,"created_time":"2012-05-11T13:19:59+0000","like_count":3,"user_likes":false},{"id":"10150879560739697_22676298","from":{"name":"Jeff Fisher","id":"730536405"},"message":"So sad that this happened to you - especially with such an emotional and personal project. I appreciate you going public with this matter in hopes of educating other designers and illustrators about copyright issues.","can_remove":false,"created_time":"2012-05-11T13:27:23+0000","like_count":10,"user_likes":false},{"id":"10150879560739697_22676896","from":{"name":"Debbie Millman","id":"769270369"},"message":"This is outrageous and evil. SO SO SO evil.","can_remove":false,"created_time":"2012-05-11T14:28:17+0000","like_count":14,"user_likes":false},{"id":"10150879560739697_22676919","from":{"name":"Terry Marks","id":"624045166"},"message":"so strange it's hard to believe it happened on this scale. Robynne, I applaud you for going forward with this; it's not right and offends on both professional and very personal levels. Know I'm in your corner.","can_remove":false,"created_time":"2012-05-11T14:29:55+0000","like_count":4,"user_likes":false},{"id":"10150879560739697_22677041","from":{"name":"Felix Sockwell","id":"641606519"},"message":"crazy. let us know how this case progresses.","can_remove":false,"created_time":"2012-05-11T14:43:39+0000","like_count":7,"user_likes":false},{"id":"10150879560739697_22677240","from":{"name":"David Flaherty","id":"1121807575"},"message":"I've heard this is quite common with some big corporate chain's that sell clothes. G=P, O-d N==y, ect.  A designer, Dan Daniel Cassaro has mentioned this.  Maybe I'll forward this to him.","message_tags":[{"id":"669033236","name":"Daniel Cassaro","type":"user","offset":120,"length":14}],"can_remove":false,"created_time":"2012-05-11T15:00:03+0000","like_count":2,"user_likes":false},{"id":"10150879560739697_22677419","from":{"name":"Michael LaMonica","id":"1477891020"},"message":"Go get em, Robynne.","can_remove":false,"created_time":"2012-05-11T15:17:19+0000","like_count":4,"user_likes":false},{"id":"10150879560739697_22677653","from":{"name":"Andrew Wicklund","id":"562094813"},"message":"It's a damn shame. Best of luck with the case. But more importantly, props for sharing the story and experience in a dignified and informing way. May we all be reminded and\/or learn a thing or two.","can_remove":false,"created_time":"2012-05-11T15:40:27+0000","like_count":2,"user_likes":false},{"id":"10150879560739697_22677818","from":{"name":"Michael Collins","id":"1124215877"},"message":"I'm sure they'll maintain that it's just a coincidence or that flipping them makes it \"original\".     I love \"Tube Sock\" and the one that looks like Gregg Allman...I could draw 2,000,000 dogs\u2014not one them would look like that!","can_remove":false,"created_time":"2012-05-11T15:55:00+0000","like_count":4,"user_likes":false,"comments":{"data":[{"id":"10150892510119697","from":{"name":"Michael Collins","id":"1124215877"},"message":"A minor point, but I haven't heard it mentioned before, is the fact that they not only ripped off the images, but also the idea of having the dogs' names next to them in hand-written cursive.   ","created_time":"2012-05-12T19:29:50+0000"}],"count":1}},{"id":"10150879560739697_22677943","from":{"name":"John Foster","id":"715832076"},"message":"This is truly upsetting. That is my dog and I am more than happy to have him included in the wonderful Modern Dog collection (it was an honor) and incredibly disappointed that someone would soil that connection by lifting it and profiting off of MD's hard work AND their friendships. That image is very clearly based on my photography as well. Not happy about this. Let me know if you need me in any way as this moves forward. Scooby and I are with you.","can_remove":false,"created_time":"2012-05-11T16:06:08+0000","like_count":9,"user_likes":false},{"id":"10150879560739697_22678169","from":{"name":"Tiffany Laine De Mott","id":"549581118"},"message":"It's truly unconscionable that this could ever happen. The way the people currently understand copyright law must be addressed. If anyone can do it properly it's you. Thanks for putting yourself out there as an example of what happens to big corporations who think that they don't have to play by the same rules. Bravo! Keep us posted.","can_remove":false,"created_time":"2012-05-11T16:23:55+0000","like_count":2,"user_likes":false,"comments":{"data":[{"id":"10150889365424697","from":{"name":"Justin Hamacher","id":"598025888"},"message":"Unbelievable. I hope they win this suit. How do companies think they can just lift other people's work like this? There is no question that the illustrations are copies of other artists copyrighted work and credit has not been given. This has happened to so many musician friends of mine and now designers too. Really unfair.","created_time":"2012-05-11T18:13:18+0000"}],"count":2}},{"id":"10150879560739697_22678181","from":{"name":"Katy Raita Kafantaris","id":"1167054428"},"message":"I love your dog drawings and it's an absolute shame that this has happened to you (and to many others)..BEST of luck to you in this fight and it's awful that it has to take so long to get any justice in cases like these (it's absolutely obvious you have been copied! and even more of a shame that it was a large  retailer selling these! >:O)","can_remove":false,"created_time":"2012-05-11T16:24:45+0000","like_count":2,"user_likes":false},{"id":"10150879560739697_22678384","from":{"name":"Robin Landa","id":"722251071"},"message":"If you need expert testimony about the obvious similarities of the images, I offer it to you. I agree with Jeff Fisher and Debbie Millman. You have my sympathy and support, MD!","message_tags":[{"id":"730536405","name":"Jeff Fisher","type":"user","offset":107,"length":11},{"id":"769270369","name":"Debbie Millman","type":"user","offset":123,"length":14}],"can_remove":false,"created_time":"2012-05-11T16:43:17+0000","like_count":6,"user_likes":false},{"id":"10150879560739697_22678463","from":{"name":"Marc English","id":"750900451"},"message":"there is copy right and  copy wrong. every designer knows it. every school knows it. and every lawyer knows it. when work is lifted almost stroke-for-stroke, as it has happened here, it's clearly in the wrong. professionals, academics, and plain old decent folks - with or without dogs - are right behind you. make your bite worse than your bark.","can_remove":false,"created_time":"2012-05-11T16:50:39+0000","like_count":22,"user_likes":false,"comments":{"data":[{"id":"10150889184089697","from":{"name":"John McElhenney","id":"1263976910"},"message":"Thanks for the heads up on this Marc.","created_time":"2012-05-11T16:56:03+0000"}],"count":1}},{"id":"10150879560739697_22678528","from":{"name":"John McElhenney","id":"1263976910"},"message":"I am sickened by this practice. I hope the t-shirt company pays you. Have they stopped selling the shirt, at least?","can_remove":false,"created_time":"2012-05-11T16:55:34+0000","like_count":1,"user_likes":false},{"id":"10150879560739697_22678538","from":{"name":"Matthew L. Porter","id":"781191179"},"message":"Stealing artwork to make a profit for your major retailer that markets to the young, creative and hip is nasty, uncreative and cynical. Stealing the images of beloved pets drawn by loving pet owners to make a profit for your major retailer is public relations suicide. Since the author of this post could not say which retailer or movie company OBVIOUSLY infringed on these artists and dog lovers, I will suggest one has a logo that looks like a Bull's Eye and the other markets under the image of 75 year old rat.","can_remove":false,"created_time":"2012-05-11T16:56:06+0000","like_count":3,"user_likes":false,"comments":{"data":[{"id":"10150937397894697","from":{"name":"Robert L. Peters","id":"1705069663"},"message":"Robyn : My heart goes out to you... I've always seen Disney as a rapacious exploiter of the human narratives that define us. This situation immediately reminded me of a song by T-Bone Burnett (who played with Dylan in the 1980s... essentially, it describes how the imagination of a whole generation has been \"stolen.\"\n\nhttp:\/\/vimeo.com\/9846205","created_time":"2012-05-29T01:12:44+0000"}],"count":1}},{"id":"10150879560739697_22678585","from":{"name":"Matthew L. Porter","id":"781191179"},"message":"Dear Target,\nThe image on the left of this post is mine and my dog Prozak. Don't even think about fucking with him.  Matthew L. Porter","message_tags":[{"id":"781191179","name":"Matthew L. Porter","type":"user","offset":117,"length":17}],"can_remove":false,"created_time":"2012-05-11T16:59:31+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22679535","from":{"name":"Chris Taylor","id":"1646084335"},"message":"This practice has become outrageous.  By looking through comments on blogs associated with the topic you'll find a small handful of \"designers\" who defend it or don't see how it's wrong... this is very alarming to me.  Unfortunately, the law often fails us in these matters and allows the criminal to go unpunished (look at John Williams and Logo Garden).   Fortunately, the lot of us are a very tight knit group and watch each others back.  I've come to the conclusion that the best way to handle this situation (when the evidence of copyright infringement is apparent and can not be mistaken as accidental) is to name the perpetrator and get others talking about them too.  Let that Google search hurt their chances of progressing in this or any other industry, a red flag that follows them wherever they go and influences their future opportunities.  It might sound harsh, but the punishment MUST be severe.  Best of luck to you in court, keep us updated.","can_remove":false,"created_time":"2012-05-11T18:37:23+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22679702","from":{"name":"Dara Turransky","id":"1404565704"},"message":"Robynne, first let me express my condolences on the loss of your beloved Conan. His photo shows his nature to be fun-loving and I suppose most of your memories of him remind you of this\u2026I also lost a pet to cancer. It's heartbreaking. Secondly, I'm glad that you're documenting this experience through blog posts. Although my own work hasn't reached to national publications, I can empathize your thoughts and emotions surrounding this violation of your work. Modern Dog has a reputation of being smart, laid back, fun-loving designers. Don't let this tarnish you one bit.","can_remove":false,"created_time":"2012-05-11T18:54:23+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22680795","from":{"name":"Yugure Dragowing","id":"100000552698963"},"message":"If I were the artist of the book, I could press charges. :(","can_remove":false,"created_time":"2012-05-11T20:31:04+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22693029","from":{"name":"Diane Tchakirides","id":"1311203370"},"message":"The copying is pretty blatant. I'm sure you'll win. Why wouldn't you?","can_remove":false,"created_time":"2012-05-12T21:16:16+0000","like_count":1,"user_likes":false},{"id":"10150879560739697_22694069","from":{"name":"Ronald J. Cala II","id":"1601297017"},"message":"The question \"what is plagiarism?\" is often debated and there are many examples where you can see both sides of the debate. Then there are cases like this; In this case it is 100\u0025 obvious that they are 100\u0025 wrong.  \n\n\u2013 Ronald J. Cala II: Creative Director at CMYK Magazine.","can_remove":false,"created_time":"2012-05-12T23:07:22+0000","like_count":1,"user_likes":false},{"id":"10150879560739697_22694508","from":{"name":"Jude Buffum","id":"840368603"},"message":"Clearly a copyright violation, I'm certain you'll prevail. If they had just traced, and that's exactly what they did, one dog it'd be one thing, but given how many they copied it's clear it was malicious. I hope you registered with the US Copyright office so you can seek statutory damages (or even an injunction if it's a heavily distributed item). \nI can't imagine this would be a bad thing for your reputation; it's not like this was a client you are suing, this is someone else who stole your work for profit.\nBest of luck to you, this is one of the most stressful things artists have to deal with. We just want to do what we love.","can_remove":false,"created_time":"2012-05-13T00:04:53+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22695299","from":{"name":"Melissia Elisa Grosjean","id":"108500090"},"message":"This is such blatant copyright laws being completely ignored by Disney because they know you either A. CAN'T do anything about the law, B. Don't know your rights under copyright infringement, C. won't notice or don't care.  What a model for a family-friendly Fortune 500 company to be following.  I bet most of the people Disney actually does rip off fall under the B or C categories. How else will they get their new \"original\" ideas? Teach them a lesson.","can_remove":false,"created_time":"2012-05-13T01:46:47+0000","like_count":0,"user_likes":false},{"id":"10150879560739697_22695825","from":{"name":"Geoffrey Donovan Cooper","id":"1000413609"},"message":"YIKES! it is PAINFULLY obvious the characters on the shirt are directly repurposed from your original illustrations... jeez if someone is going to plagiarize at least try to hide it a little bit!\nPS -- flip Horizontal and making them look like 'blurry Bic\u00ae sketches' is not enough.","can_remove":false,"created_time":"2012-05-13T02:57:09+0000","like_count":0,"user_likes":false}],"paging":{"next":"https:\/\/graph.facebook.com\/10150879560739697\/comments?limit=25&offset=25&__after_id=10150879560739697_22695825"}}}}