There’s a new development in the lawsuit against an online publishing company over the use of a Brad “Tiki Shark” Parker painting.
Parker learned a few months ago that his “Forbidden Island” painting had been uploaded to CafePress, a website that allows users to customize shirts, mugs, bags and a variety of other items. Art is automatically copyrighted, Parker said, so no one should be able to print his work without his permission — and without him getting paid.
In this case, someone’s decision to upload his work, likely by scanning either a giclee print or a calendar image, cost Parker a $250,000 contract with a Dubai company. That company was intending to use the image on 25,000 towels, but when they learned the image was also on CafePress, they canceled the order. They were supposed to have exclusive use of the image, said Abbas Hassan, Parker’s agent and senior vice president for Tiki Shark Art Inc.
A lawsuit over the painting’s use was filed late last year in the U.S. District Court in Honolulu. This week, Parker’s attorney, David E. Smith, filed an amended complaint, removing one claim made under state law about unfair and deceptive business practices, replacing it with a claim about “unjust enrichment.” The suit also lays out a claim for copyright infringement.
Get the full story, including an interview with Parker and the response from CafePress, in the Friday, March 7, edition of West Hawaii Today or visit westhawaiitoday.com.