Aha! Another Clue
Amateur Slueth Chris in WA discovered this site as the culprit. Now I know who is up to no good with my quilt images. Ha!
What was strange to me, is the connection with AQS and Paducah. Now I think I understand. This person made the stamp from Zazzle and had it cancelled in Paducah and somehow to stamp collecting people that gave it some additional value. The site is trying to sell it for under $10. Not worth anymore than that? Hrumph.
PS. This particular image isn't even a finished quilt! The top was on a previous version of my website and now it is gone from my site. The original is rolled up in my garage. So it looks like it is getting more attention than it should.
what people will do for money... unbelievable...
ReplyDeleteI won't buy it, what a scam!
ReplyDeleteWe did have personal stamps made once, they're fun to use. They were certainly not made at the expense of someone's success tho.
What actions will you be taking Ms Mel? Will you get a lawyer to place a 'cease and desist' order on the seller then have him/her fined?
ReplyDeleteI won't be taking any actions. That would require a kind of negative energy that I avoid. I am happy to have the mystery solved.
ReplyDeleteHappy Valentine's Day.
M
The eBay seller may be unaware the image was previously copyrighted - after all, they're just selling the "finished" product. The company you should contact is Zazzle - check out their user agreement: http://www.zazzle.com/mk/policy/user_agreement
ReplyDeleteWow, look at the postmark - two years ago! Glad you've solved the mystery.
ReplyDeleteIt doesn't surprise me that people would want to make stamps from your beautiful creations. I would use them and mail myself a letter! Happy Valentines Day! Hope you and Dave have a very lovely "date."
ReplyDeleteShall we start a pettion to have Mel's art work on regular postage stamps?
ReplyDeleteI would buy them!
The USPS gets over 50,000 suggestions for stamps every year.
http://www.usps.com/communications/organization/csac.htm
Mel, I agree about the negative energy, but I'll bet you could find a friendly lawyer who would just send the cease & desist letter. You might need to protect a copyright in the future and should show that you care now.
Sunnie
No, I understand what Melody is saying. Even a "cease & desist" would require negative energy. It is flattering that someone likes your work this much. It's too bad they didn't care enough to give proper credit but I don't see where anyone is trying to pass it off as "their" work. Life is too short to get your tailfeathers in a ruffle over something like this. And anyone who knows Mel's work would recognize it as such. Heck, I would be FLATTERED if someone liked one of my images enough to make a stamp out of it.
ReplyDeleteteri
I absolutely agree with all the comments about negative energy except for one thing-the very least someone could do is to credit where the image came from and who it really belongs to. Making money from it kinda sucks too. What nerve. Very bad business and lucky for them you're an incredibly kind and sweet person.
ReplyDeleteIMO, there is no flattery in this. This is downright misuse and copyright abuse. I wonder how many other images are stolen and sold this way. I also don't think $10.00 per stamp is petty robbery.
ReplyDeleteA stern wagging finger from a lawyer should straighten them out, even if you have no intention of pursuing the case in the courts.
Kids download music 'illegally' and when caught are heavily fined. Music which might cost 5cents a download.
I seriously think you should protect your property Ms Mel.
There is another way to look at this. Now, I don't and won't condone what they did. But, what if someone sees that stamp and says "I LOVE IT! I!" What else has she done?! Ms. Mel's name is listed and I googled the title and the first site was "Fibermania" This may lead to new customers/patrons.
ReplyDeleteI would like to think something positive could come out of this.
Beth
I just thought it was bloody cheeky until I read the listing that claims the image is reproduced with permission. That pushed it over the line, for mine, and I'm pretty sure ebay would not look kindly on the copyright issue. I'm actually surprised Disney hasn't stomped all over them; they're pretty hardcore about copyright infringements.
ReplyDeleteDear Melody: I just had an eBay person [UserID: myredgeranium] contact me via email about the First Day Covers and Zazzle stamps made with your quilts. [ I will be forwarding our email exchange to her shortly to help her understand the depth of my concern. ] Maybe it has slipped your mind but we talked on the phone, sent email back/forth during April, 2006 and I even sent you an issue. In those email, you granted explicit permission to use the quilts on the covers and on the Zazzle stamps. My name is Caryl~marie Kirk and I am the designer and graphic artist for Pushin' the Envelope. It is imperative that the record be set straight for your blog audience since it appears that they feel that legal action is necessary. Normally, I am like you, usually unfettered by these circumstances; however, I am absolutely meticulous when it comes to intelligectual properties. Thank you, Caryl~marie
ReplyDeletePS I will include a copy of the emails. [I will be forwarding them to you without edits.]:
-----Original Message-----
From: C~Marie [mailto:XX@captkirkstamps.com]
Sent: Monday, April 24, 2006 2:25 PM
To: XX@mcihiXX.net
Subject: Re: Hello
ok...your home page [first page] at wowmelody...might be better. I've worked
in the website development and picked up enough jargon to make me downright
dangerous.
Anyway, it was the pic on the home page that reminded me of parrots. You
don't have a name on it...BUT it sure looks like parrots to me. I've put it
on a cover [envelope] that will give you an idea of what I'm talking about.
AND, I'm sending you the sample of the Gee Bend Quilt Stamps that are due
out in August. Compared to yours these quilt are rather dark.
Caryl~marie
----- Original Message -----
From: XX@mcihiXX.net
To: XX@captkirkstamps.com
Sent: Monday, April 24, 2006 11:00 AM
Subject: Re: Hello
I am completely lost about your reference to the Splash page and parrots.
Wha?
Melody
----Original Message:-----------------
From: C~Marie XX@captkirkstamps.com
Date: Mon, 24 Apr 2006 08:02:57 -0500
To: XX@mcihixx.net
Subject: Re: Hello
IN FACT, I WAS JUST THERE...AND realized that I talking to a true
quilter...tee hee hee hee hee
I swear when I opened wowmelody that the splash page had something on it
that said the the quilt there was entitled "parrots"...it has key west
colors and looks like parrots sitting on a line. I'll use that for my 'mock
up' and send it later.
I'm such a riot sometimes....I DO KNOW QUILTER....REALLY
Caryl~marie
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 7:54 AM
Subject: RE: Hello
Do you have more quilts with the bright colors?
I am laffing hysterically at that question. Obviously you have not seen
my website. www.wowmelody.com
Or my blog www.fibermania.blogspot.com or my new works site,
www.fibermania2.blogspot.com
Melody Johnson
XX W. Main Street
Cary IL 60013
----- Original Message -----
From: C~Marie [mailto:XX@captkirkstamps.com]
Sent: Monday, April 24, 2006 7:48 AM
To: Melody Johnson
Subject: Re: Hello
tHANX MELODY ... yOU bet!! As soon as I rec'v them I'll mail one out
to you.
Will you be in the Paducah show this year?? Do you have more quilts with
the bright colors? I'll send you a mock up of an idea I have for a quilt
issue coming out later this year. Normally, I do first day cover design.
Maybe we can get you some free advertising...
Thanx again!
Caryl~marie
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 7:14 AM
Subject: RE: Hello
Yes that was me. I like the look of your Zazzle postage stamp and think
you need a brighter jpeg. See the one attached. Of course it needs
cropping, which I assume you will do. Yes you may use it and when you do,
please send me a note with one on the envelope.
Melody Johnson
XXX W. Main Street
Cary IL 60013
----------------------------------------------------------------------------
EMAIL EXCHANGE IN APRIL, 2006
From: C~Marie [mailto:XXX@captkirkstamps.com]
Sent: Sunday, April 23, 2006 6:12 PM
To: XX@mcihiXX.net
Subject: Hello
Dear Melody: Did you do the quilt, "A Triumph of Tulips" that won 2005
First Prize for Small Wall Quilts - non trad at Paducah?
I would like to have your permission to do a Zazzle postage stamp on
this quilt for my special cancellation covers. I've attached a preliminary
jpeg of my design and will be available by phone if you should like to
discuss my proposition. My home # is XXX XXX XXXX and my cell is XXX XXX XXXX [try home
first].
Thank you,
Caryl~marie
Caryl M. Kirk, Owner
Graphic Designer
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 6:14 AM
Subject: RE: Hello
Yes that was me. I like the look of your Zazzle postage stamp and think you need a brighter
jpeg. See the one attached. Of course it needs cropping, which I assume you will do. Yes you
may use it and when you do, please send me a note with one on the envelope.
Melody Johnson
XXX W. Main Street
Cary IL 60013
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 7:14 AM
Subject: RE: Hello
Yes that was me. I like the look of your Zazzle postage stamp and think
you need a brighter jpeg. See the one attached. Of course it needs
cropping, which I assume you will do. Yes you may use it and when you do,
please send me a note with one on the envelope.
Melody Johnson
XXX W. Main Street
Cary IL 60013
----- Original Message -----
From: C~Marie [mailto:XXXX@captkirkstamps.com]
Sent: Monday, April 24, 2006 7:48 AM
To: Melody Johnson
Subject: Re: Hello
tHANX MELODY ... yOU bet!! As soon as I rec'v them I'll mail one out
to you.
Will you be in the Paducah show this year?? Do you have more quilts with
the bright colors? I'll send you a mock up of an idea I have for a quilt
issue coming out later this year. Normally, I do first day cover design.
Maybe we can get you some free advertising...
Thanx again!
Caryl~marie
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 7:54 AM
Subject: RE: Hello
Do you have more quilts with the bright colors?
I am laffing hysterically at that question. Obviously you have not seen
my website. www.wowmelody.com
Or my blog www.fibermania.blogspot.com or my new works site,
www.fibermania2.blogspot.com
Melody Johnson
XXX W. Main Street
Cary IL 60013
Original Message:
-----------------
From: C~Marie XXX@captkirkstamps.com
Date: Mon, 24 Apr 2006 08:02:57 -0500
To: XXX@mcihiXX.net
Subject: Re: Hello
IN FACT, I WAS JUST THERE...AND realized that I talking to a true
quilter...tee hee hee hee hee
I swear when I opened wowmelody that the splash page had something on it
that said the the quilt there was entitled "parrots"...it has key west
colors and looks like parrots sitting on a line. I'll use that for my 'mock
up' and send it later.
I'm such a riot sometimes....I DO KNOW QUILTER....REALLY
Caryl~marie
----- Original Message -----
From: XX@mcihiXX.net
To: XX@captkirkstamps.com
Sent: Monday, April 24, 2006 10:00 AM
Subject: Re: Hello
I am completely lost about your reference to the Splash page and parrots.
Wha?
Melody
----- Original Message -----
From: XXX@mcihiXXX.net
To: XXXX@captkirkstamps.com
Sent: Monday, April 24, 2006 11:00 AM
Subject: Re: Hello
I am completely lost about your reference to the Splash page and parrots.
Wha?
Melody
----- Original Message -----
From: Melody Johnson
To: 'C~Marie'
Sent: Monday, April 24, 2006 1:52 PM
Subject: RE: Hello
I get it. The name is Ellipses or Cruciform Series #4 Ellipses. It is a picture of nothing.
Just a scribble brought to life.
Here is the original drawing I made and then announced it would become a quilt. I'll never
do that again.
[B&W PICTURE]
Melody Johnson
XXX W. Main Street
Cary IL 60013
-----Original Message-----
From: C~Marie [mailto:XX@captkirkstamps.com]
Sent: Monday, April 24, 2006 2:25 PM
To: XXX@mcihiXXX.net
Subject: Re: Hello
ok...your home page [first page] at wowmelody...might be better. I've worked
in the website development and picked up enough jargon to make me downright
dangerous.
Anyway, it was the pic on the home page that reminded me of parrots. You
don't have a name on it...BUT it sure looks like parrots to me. I've put it
on a cover [envelope] that will give you an idea of what I'm talking about.
AND, I'm sending you the sample of the Gee Bend Quilt Stamps that are due
out in August. Compared to yours these quilt are rather dark.
Caryl~marie
EXCHANGE RE: ZAZZLE STAMPS [NEWEST FIRST]
----- Original Message -----
From: "Melody Johnson" XX@mcihiXXX.net
To: "'C~Marie'" XX@captkirkstamps.com
Sent: Tuesday, April 25, 2006 5:01 PM
Subject: RE: Member Accounts . Contributor Account . Product Creation . CARYL-MARIE KIRK
[Incident: XX]
Sure why not?
Melody Johnson
XXX W. Main Street
Cary IL 60013
-----Original Message-----
From: C~Marie [mailto:XXXX@captkirkstamps.com]
Sent: Tuesday, April 25, 2006 5:16 PM
To: Zazzle Customer Support
Cc: XXX@mcihiXXXX.net
Subject: Re: Member Accounts . Contributor Account . Product Creation .
CARYL-MARIE KIRK [Incident: XX]
Ms. Johnson sent me the jpeg and she has given permission. You can contact
her at: XXX@mcihiXXXX.net and she will be able to give you a phone
number if you need to contact her directly via telephone. Her website is:
www.wowmelody.com
Caryl~marie
PS Thank you,. Melody, for your patience with Zazzle and for your permission
to use "Tulips" on the postage they will issue. I'll send you one once they
have them to me. Would you like to do more of these??
----- Original Message -----
From: "Zazzle Customer Support" supportXX@zazzle.com
To: XX@captkirkstamps.com
Sent: Tuesday, April 25, 2006 3:28 PM
Subject: Member Accounts . Contributor Account . Product Creation .
CARYL-MARIE KIRK [Incident: XX]
Subject
---------------------------------------------------------------
Member Accounts . Contributor Account . Product Creation . CARYL-MARIE KIRK
Conversation
---------------------------------------------------------------
Support (Alan) - 04/25/2006 01:28 PM
Dear Caryl,
Thank you for your email. I have attached the questions below. Sorry for
the inconvenience.
Because ZazzleStamps are real United States postage, they are subject to
special governmental content restrictions, detailed at
http://www.zazzle.com/stamps/about/helpAppropriateUse.asp.
The acceptability of your ZazzleStamps design entitled "quilt temp" cannot
be verified at this time. In order to assist us in reviewing the content of
your order, please reply to this email with a response to the following
question(s):
2. Do you have permission to use this image?
3. What is the source of this image? Where did you find it?
Thank you very much for your assistance.
Best Regards,
Alan
Content Management Team
Zazzle.com, Inc.
Zazzler (Robert and Caryl Kirk) - 04/24/2006 05:57 AM
Message from CARYL-MARIE KIRK
Member Accounts . Contributor Account . Product Creation . CARYL-MARIE
KIRK
Order Id XX
SOMEONE CALLED ME FROM ZAZZLE AND SAID THEY SENT AN EMAIL TO
XX@captkirkstamps.com
THE CORRECT EMAIL IS XX@captkirkstamps.com
PLEASE RESEND AND I WILL ANSWER YOUR QUESTIONS ABOUT THE QUILT STAMP.
THANK YOU
=============================
ADDITIONAL INFORMATION:
sent: 4/24/2006 : 5:53:39 AM
handle: cmkirk
id: XX
email: XX@captkirkstamps.com
Well,a s a lawyer all this is s very interesting... but my main concern is why the top is rolled in in a garage - it is too beautiful for that!
ReplyDeleteWell, I guess I know now why I documented this situation.
ReplyDelete