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+--- Thread: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? (/showthread.php?tid=218021)
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Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - pRICE cUBE - 06-28-2018
https://www.theguardian.com/technology/2018/jun/27/elon-musk-farting-unicorn-mug-cartoon-tom-edwards
Tom Edwards, a Colorado potter, was thrilled when Elon Musk tweeted a photo of one of his original mugs featuring his cartoon drawing of a unicorn farting electricity. The Tesla CEO called it “maybe my favorite mug ever” in a February 2017 post – leading to a bump in sales from around the world.
Edwards was surprised however, when, a month later, Musk tweeted a copy of his cartoon image to promote Tesla’s new “sketch pad” feature, which allows drivers to draw on a touchscreen. Multiple news articles inaccurately reported that Musk was the one who created and drew the cartoon.
The 61-year-old artist was going to let it go until he learned the image was also appearing in Tesla’s operating system as a small icon – and that the company had even used it in a Christmas card.
“It’s part of their branding now,” Edwards said in an interview. “I love the fact that it’s in the cars, but I just want them to do the right thing and pay me adequately for it. Elon Musk can be a hero for standing up for artists’ rights
Musk, however, seems uninterested in compensating or crediting the artist. Instead, he tweeted at Edwards’ daughter this week that it would be “lame” to sue and that the potter should be grateful for the “attention”.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - JPK - 06-28-2018
I would think a simple thankyou for the promotion and recognition would be enough, but I guess a lawsuit is another way of handling it?
JPK
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - pRICE cUBE - 06-28-2018
JPK wrote:
I would think a simple thankyou for the promotion and recognition would be enough, but I guess a lawsuit is another way of handling it?
JPK
As someone who creates intellectual property, I could see how the artist would resort to a lawsuit seeing as they have been blown off by Musk. You just can't use someone else's work without asking, especially of you are a large business.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - JoeH - 06-28-2018
JPK wrote:
I would think a simple thankyou for the promotion and recognition would be enough, but I guess a lawsuit is another way of handling it?
JPK
Used once, that could be considered "fair use", and a thank you for the exposure might be suitable. Used multiple times without compensation is theft of intellectual property, and I would not expect any artist or other creator to thank Musk and Tesla for that. So yes, a lawsuit from the creator is an appropriate means of handling it seeing Musk's comments. Probably many lawyers or firms looking for the exposure of suing Musk/Tesla available to take it up on spec.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - RAMd®d - 06-28-2018
I would think a simple thankyou for the promotion and recognition would be enough, but I guess a lawsuit is another way of handling it?
I wonder how Musk would react if an artist started using the Tesla logo in a similar fashion. Would he consider it 'lame' to sue the thief, maybe because he doesn't need the attention and has no need to be grateful?
After publication of this article, Musk tweeted another message at Edwards’ daughter, claiming he “popularized” the mug “for free”, adding: “How much money does your Dad want for this terrible transgression?”
Arrogant, and not afraid to show it. Bad form, to say the least.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - GGD - 06-28-2018
RAMd®d wrote:
I would think a simple thankyou for the promotion and recognition would be enough, but I guess a lawsuit is another way of handling it?
I wonder how Musk would react if an artist started using the Tesla logo in a similar fashion. Would he consider it 'lame' to sue the thief, maybe because he doesn't need the attention and has no need to be grateful?
Or if say an employee started sharing internal videos and photos of Tesla's production process.
The data include "dozens of confidential photographs and a video of Tesla's manufacturing systems."
https://www.cnbc.com/2018/06/20/tesla-sues-former-employee-for-allegedly-stealing-gigabytes-of-data-making-false-claims-to-media.html
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - cbelt3 - 06-28-2018
from what I can glean, he had the image used in the software for the cars. Which is a big mistake on someone at Tesla's part. Probably someone wanting to curry favor with the big boss. Yeah, use it for internal use, fine, fair use, etc... But the minute they put it on software that is part of a product for sale... ka-ching !
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - Paul F. - 06-28-2018
JoeH wrote:
Used once, that could be considered "fair use", and a thank you for the exposure might be suitable. Used multiple times without compensation is theft of intellectual property, and I would not expect any artist or other creator to thank Musk and Tesla for that. So yes, a lawsuit from the creator is an appropriate means of handling it seeing Musk's comments. Probably many lawyers or firms looking for the exposure of suing Musk/Tesla available to take it up on spec.
This. Exactly this.
I'm a Tesla fan, but right is right.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - $tevie - 06-28-2018
It’s not exposure or recognition if nobody knows that you designed the original.
There is not enough respect for artists’ intellectual property as it is. Lawsuits are at least a start to making people understand this.
Re: Musk and Tesla use artist's Farting Unicorn work without permission, attribution, and compensation? - RAMd®d - 06-28-2018
I'm a Tesla fan, but right is right.
Exactly.
Jobs/Apple have done similar and rightly called on it.
I think 'iPhone' is the iconic example.
I'm an Apple fan, but as you say...