[Clipart] Fwd: overlay of knot...

Mon Aug 29 00:23:21 PDT 2011

Dear Cari
Ok, it is enough for me. I will remove the knot from OCAL's website. Thank
you for following up on this.

I do have one further question. How did TrnsltLife get hold of your original
in 1997 so that he could digitise it? Did you two meet previously?

Cheers
Chovynz

---------- Forwarded message ----------
From: Cari Buziak <cari at aon-celtic.com>
Date: 29 August 2011 10:57
Subject: overlay of knot...
To: chovynz at gmail.com
Cc: oneminuteinspirations at gmail.com

Attached is my standard DMCA letter, current as of this year.

Attached also is the overlay of the two knots. As this is a very old knot of
mine, when I began not everything I did was created directly in computer, so
my early knots  didn't have the perfect symmetry they usually do now. I had
to handdraw, then scan, then redraw using the computer, whereas right now I
sketch directly in the computer so it's pretty easy to get things exact.
This knot shows the errors of handdrawing quite clearly, which are also
evident in the OpenClipArt version, in the exact same place! lol  Most
especially you can see that the left and right lower points are not exactly
the same. In the top examples in my overlay sheet, I've drawn a box so you
can see that they do not extend to the box edge using the same curve, or the
same distance. In the direct overlay, they two line up nearly perfectly
despite the error of the left and right corners not being drawn in perfect
symmetry, except for some wiggles in the OpenClipArt version from the
tracing action.
The new row shows each design flipped or mirrored on the vertical axis. Here
again it really highlights how the left and right points are not the same...
and also how the OpenClipArt version is not the same by the EXACT same
amount and in the same way... hmmmm... ;-)
Lastly, in another example both designs are rotated by 120degrees. In a
perfectly symmetrical design created in thirds like this, each rotation of
120degrees should be exact... hoever again we see the misalignment of the
points. And again the OpenClipArt is off by the exact same amount as the
original. It would be beyond coincident to believe that someone else managed
to draw not only the exact same design, the same thickness and proportions,
with the exact same errors in symmetry???

Please remove this from the OpenClipArt website immediately. You have no
idea the problems this has created for me copyright-wise, with people
downloading this thinking that it's public domain as it states on your
website. NO IDEA. What a freaking hassle. I have copyright issues up the
wazzoo because of this stupid Jeremy Brown / TrnsltLife person, and I hope
he gets a slap on the side of the head for this!!!

Let me know if you need anything further from me.
Thanks,
-Cari

On 2011-08-26, at 10:44 PM, artstuff at aon-celtic.com wrote:

I'll be happy to provide an overlay of the design in question. It actually
is a trace of mine, right down to the errors! lol  A little hard to claim
that it was a coincidence when even the errors are duplicated. ;-)
Unfortunately tracing a design does not make it an original work, it makes
it a derivative copy under copyright laws, regardless of how rough the
trace ended up being when trying to copy a 72dpi design to smooth it out.

I am happy to provide my standard DMCA letter once I'm back in the office
as I'm just online answering emails from home for my assistant while she's
sick.

For your information, the knot you source here:
http://schools.hcdsb.org/hlyt/default.aspx

is taken directly from my website. lol So yup... you're right that is very
similar! ;-) lol  It's mine again, and from my site as well. All my
tutorial images are on the "parchment" looking swatches, as can be seen
here by way of example:
http://aon-celtic.com/cknotbasic/cknotwork1.html

As well, here it is again, licensed from me for my line of stencils
produced by Stencil Kingdom:
http://stencilkingdom.com/catalogue/catalogue.php?page=celtic/catalogue_body_celtic_celtic75.php

I'll send you the overlay and also my usual DMCA letter my CIP lawyer
drafted for me when I'm in the office on the weekend.

Thanks guys!
Cari

Below is the result of your feedback form.  It was submitted by

(chovynz at gmail.com) on Friday, August 26, 2011 at 18:52:57

---------------------------------------------------------------------------

name: Chovynz

comments: Dear Cari. Please see below and respond as you see fit. If you

read from the bottom to the top it will make more sense.

----

(I'll be CCing this to Cari)

Thank you for bringing this up Greg.

I disagree.

If this is the claimed knot as hers

http://www.aon-celtic.com/cgallery/cgallery61.html

http://www.openclipart.org/detail/6214/trinityknot-by-trnsltlife

You can see that it is different. Check the lines and route of the OCAL

knot. Some of the gaps and overlaps are quite different.

Cari is going to need to provide more proof than a copyright register

number (with no pictures). A source or photograph of said copyright

infringement would be helpful. Doing it the DMCA way would also be

helpful. If we do get the proof, I will take OCAL's one down.

http://www.openclipart.org/dmca. I would encourage Cari to talk to me.

Cari's claim Registered : 2001-07-26

Her picture : Copyright Cari Buziak, 1997

OCAL Knot Created : 2007-09-29 07:13:56

Other knots I've googled :

http://schools.hcdsb.org/hlyt/default.aspx

http://cliparts101.com/free_clipart/11866/TrinityKnot.aspx (likely to be

from OCAL version.)

While she's at it, she could also check the other celtic cliparts on OCAL

to see if there are any other infringements.

http://www.openclipart.org/search/?query=celtic

http://www.openclipart.org/tags/celtic

----

On 27 August 2011 10:04, Greg Bulmash <oneminuteinspirations at gmail.com>

wrote:

   http://www.openclipart.org/detail/6214/trinityknot-by-trnsltlife

   I got contacted by Cari Buziak who claimed this is her copyrighted

work and provided a Canadian copyright certificate number of 493115.

   Here's the lookup from the Canadian copyright office...

http://www.ic.gc.ca/app/opic-cipo/cpyrghts/dtls.do?fileNum=416059&type=1&lang=eng

   I've removed it from my site. I suggest OCAL remove it as well.

   _______________________________________________

   clipart mailing list

   clipart at lists.freedesktop.org

   http://lists.freedesktop.org/mailman/listinfo/clipart

--

Cheers

Chovynz

submit:   Send!

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*Cari Buziak*
Aon Celtic Art
http://www.aon-celtic.com

"Great spirits have always
  encountered violent opposition
  from mediocre minds."
- Albert Einstei
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