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Tiki Central Forums » » Creating Tiki » » Other Crafts » » The "Lurid" Tiki Art of Brad (Tiki Shark) Parker
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The "Lurid" Tiki Art of Brad (Tiki Shark) Parker
Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-01-29 11:19 am   Permalink

Aloha Tiki Tribe!
Something special today...

This was posted on my good friend's and my art -brother's FB page last night .
He is my hero!
Sam Campos shared a link.
10 hours ago
A CALL TO ASSEMBLY
If you are a creative person that has tried to take a chance to pursue your dream to become a professional artist, you know how hard it is to make that dream a reality. When it comes to money, people in general tend to undervalue exactly what your skill or craft is worth, or how many years it took to perfect your talent. No matter what it is in the area of creative media, Illustration, Painting, Sculpting, Dancing, Photography, Modeling, Acting or Music. It takes years to perfect your art, and sometimes even more years to make it as a professional. If you make it at all. Nothing is worse than not getting paid for a job, or worse yet…having your work stolen from you and sold. Making a thief some serious cash for your efforts while you lose everything.
It is official.
On January 22nd 2014 Café Press filed a “motion to dismiss” the complaint that documented their theft of artwork they stole from Hawaii artist Brad “Tiki Shark” Parker. They took his art, removed his name from the artwork and sold it. Details of the original complaint filed by Brad’s Big Island based company can be found here:
http//www.bigislandvideonews.com/2013/12/10/video-artist-tiki-shark-sues-cafepress-com/
This happens to artist all the time. When it happens, a lot of us don’t know what to do about it, or who to call or worse yet, have no money to fight it because we were depending on getting paid for the work that was stolen. Big companies count on this. They have a budget for legal work and you don’t.
If you as an artist don’t want to be the next victim, here is a chance to make a difference. Come and join us in a peaceful assembly outside the Honolulu Federal Court house 300 Alamoana Blvd. Honolulu, Hi. On February 6th at 8:30am to 11am. I know a lot of you have to work that day, so it might be hard to make it, but think of it this way, what if this happens to you? Will anyone be there to support you?
Message me for more details about our peaceful assembly.

I will be there.

Mahalo.

Sam Campos

“We must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.”
-Boondock Saints



VIDEO: Artist Tiki Shark sues CafePress.com

www.bigislandvideonews.com
The material used in this report first aired as a part of a news story on KITV in Honolulu, used here with permission KAILUA-KONA, Hawaii - An internet copyright infringement lawsuit with a local connection is making headlines. Artist Brad Parker - known as Tiki Shark - creates what has been describ...


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TikiTacky
Grand Member (first year)  

Joined: Nov 23, 2010
Posts: 1265
Posted: 2014-01-29 11:30 am   Permalink

Broken link (missing . Here's a fixed one: http://www.bigislandvideonews.com/2013/12/10/video-artist-tiki-shark-sues-cafepress-com/

It would seem to me that Brad's case is with the individual that infringed on his rights, but I assume they've decided to go after Cafe Press because they have deeper pockets (since he claims he lost a $250,000 contract). I'll definitely be interested to see how this story unfolds.

Edit: I'm not defending or making any claims here. I totally agree that Brad should have a case, and I hope whoever is responsible suffers dearly for it.

_________________
T-shirts based on vintage tiki matchbooks: TikiTees

[ This Message was edited by: TikiTacky 2014-01-29 11:32 ]


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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-05 11:54 am   Permalink

TikiTacky - I am really sorry to have to say this to a member of the tiki tribe, but....WAKE UP! You are fooled by thieves.

You are falling right into the trap these sites are using. They require NO PROOF, (that's right I said NO PROOF!) when you up load an image for THEM TO SELL. They sell YOUR ART on items, and then give a royalty back to who ever up loaded them. So, who up loaded then? Funny how no one can ever quite seem to then find that person when someone finaly notices whats being sold is stolen art, and lawyers are dragged in at great expense.. They often disappear. Can't be found because they moved. Or are broke and have no money. I think they are a Cafe Press stooge often, getting their cut, while CafePress is reaping in the dough.

What happened to the copy right laws in America? They are being broken on the web every day.

Sorry to be so mad, but lets see how you'd feel after having your life's work stolen, and your only $250,00.000 sale taken away from you by crooks you had never even heard about.

Nobody seems to care. Most buy into this "third party crap". This is a smoke screen! The law is being twisted. The law is being broken. Artist's life work is being stolen.

Then someone like you comes along and sez "Oh...it's not the web site's fault." The web sites are making it easy for crooks to break copy right law.

The web site makes the product. Sells it for money, hands the crook a royalty fee. So, who's fault is that? An art thief would not have the chance to do this with out the web site making EASY for them.... no... it must be the web site... their business plan is one to rip off art, make money selling it, and get away with it as long as possible.

AND now they make millions, and hire the biggest law firms that can always out spend any single artist. We have no chance against this.

I urge you to educate yourself . Please, please PLEASE... Go to this "Artists Rights Blog" and read about how this is not only happening now, but is spreading.

Cafe Press ripped off me. Cafe Press Ripped off Crazy Al, and, right now, Cafe Press is ripping off Sam Gambinoi - and he even had his image registered with the copy right office, attained a lawyer, and still can not figure out how to stop Cafe Press from selling his art online on many many products.

Does this sound like a growing problem, or do you think am I just making this up?

PLEASE, check out this blog...

http://networkedblogs.com/Tvc3i

[ This Message was edited by: Tiki Shark Art 2014-02-05 12:09 ]


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TikiTacky
Grand Member (first year)  

Joined: Nov 23, 2010
Posts: 1265
Posted: 2014-02-05 12:08 pm   Permalink

Quote:

On 2014-02-05 11:54, Tiki Shark Art wrote:
TikiTacky - I am really sorry to have to say this to a member of the tiki tribe, but....WAKE UP! You are so wrong, and being fooled.

You are falling right into the trap these sites are using. They require NO PROOF, (that's right I said NO PROOF!) when you up load an image for THEM TO SELL. They sell YOUR ART on items, and then give a royalty back to who ever up loaded them. So, who up loaded then? Funny how no one can ever quite seem to then find that person when someone finaly notices whats being sold is stolen art, and lawyers are dragged in at great expense.. They often disappear. Can't be found because they moved. Or are broke and have no money. I think they are a Cafe Press stooge often, getting their cut, while CafePress reaping in the dough.

What happened to the copy right laws in America? They are being broken on the web every day.

Sorry to be so mad, but lets see how you'd feel after having your life's work stolen, your only $250,00.000 sale taken away from you.

Nobody seems to care. The law is being twisted. The law is being broken. Artist's life work is being stolen.

Then someone like you comes along and sez "Oh...it's not the web site's fault." The web sites are making it easy for crooks to break copy right law. So, who's fault is that? Santa Clause? Micky Mouse...no...must be something to do with the web site...

I urge you to educate yourself . Please, Go to this "Artis Rights Blog" and read about how this is not only happening now but is spreading. They ripped off me. Crazy Al, and right now are ripping of Sam Gambinoi - and he even had his image registered with the copy right office, attained a lawyer, and still could not figure out how to stop them.

http://networkedblogs.com/Tvc3i



Brad,

You misunderstand me. I absolutely agree that it's a nightmare that your work has been stolen. I worked as a graphic designer for many years, and I understand well the concept of copyright infringement. It's something nomeus and I are working diligently to try and prevent from happening over on The Tikipedia, and it's very frustrating to have to delete articles because someone copied and pasted someone else's work thinking it didn't matter.

But what we're talking about isn't how I feel about it, but what the law says. Cafe Press requires you to click a box testifying that you are the owner of the work. How would they be able to have anyone PROVE that their work is their own? Even major book publishers run into this problem. Sometimes, writers will plagiarize, and the publishers are left to clean up the mess because the writer lied. They simply don't have the resources to cross-check everything that is produced against everything that has ever been written. There's literally no way to do that. It's "unfair burden" in legal terms.

I'm not saying that Cafe Press isn't culpable in any way. Maybe there are additional measures they can take to reduce this kind of thing. I would imagine if they required people to submit a copy of their driver's license, passport, or other government issued ID before they sold that they'd put an end to a lot of this. I also imagine that they must have identification of the publisher already, because they have to issue payments to these people, so this shouldn't be so difficult. But, as a non-lawyer, I have difficulty imagining that you have a a case against Cafe Press.

Believe me when I tell you that I hope that you get the money you are owed, and that the person who stole your work is suitably punished, and that Cafe Press is forced to make changes to their business model to put an end to this. But ultimately many people are thieves, and everyone else suffers because of their shitty nature.

My heart goes out to you Brad, it really does. And I hope I'm wrong and that you are able to get the money that's word to you. But from the very little I do know about the law, I worry that you may not be able to win a suit against Cafe Press.
_________________
"You can't eat real Polynesian food. It's the most horrible junk I've ever tasted." —Trader Vic Bergeron


 
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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-05 12:18 pm   Permalink

READ THE BLOG and educate yourself!

Ownership? Easy. Show your work published somewhere with your name attached. We did that ll the time in the 80's. That is ownership protection.

Also, a company that large would not go into production on so many items with knowing FOR SURE who owns the rights to that image - that is unless they didn't really care and just wanted to make money. They are a $300 million a year company. They have armies of interns to check this out! You are still not getting the picture. They have created a business plan to bend and break the copy right laws.

AND I am not going after them for copy right infringement, I am going after them for them for loss of business.

_________________
Brad (Tiki Shark) Parker
"Brad Parker creates lurid paintings that pull in influences from tiki, comics, and rock."
- Honolulu Magazine "The Best Of" 2012 Issue

http://youtu.be/7HTCkZXaA


[ This Message was edited by: tiki shark art 2014-03-06 15:48 ]


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TikiTacky
Grand Member (first year)  

Joined: Nov 23, 2010
Posts: 1265
Posted: 2014-02-05 12:47 pm   Permalink

Again, I sincerely hope you win your case. But I'll be surprised if the only person who doesn't make money off this is the lawyer.
_________________
"You can't eat real Polynesian food. It's the most horrible junk I've ever tasted." —Trader Vic Bergeron


 
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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-05 1:06 pm   Permalink

TikiTacky, sorry my tiki brother. Thank you for all your aloha and support. But you don't know the half of what is going on now. So, I seem to be the only person who's hired a lawyer, and an IP guy to go after Cafe Press. I go tomorrow to Oahu to federal court, where Cafe Press is gonna bring up that same old loop hole to snake their way out of breaking the copy right law. I know. This so sucks.




Sorry again, All my best and aloha to you, I appreciate your interest.
Big aloha from the big island.... maybe I will explain a little of what is going on, just so you understand how dirty the other side is playing. Even though It will cause my lawyer a heart attack that I'm telling people this, I feel I can tell the tiki tribe, as I do feel the aloha here, and I gotta think through what am I gonna say tomorrow.

_________________
Brad (Tiki Shark) Parker
"Brad Parker creates lurid paintings that pull in influences from tiki, comics, and rock."
- Honolulu Magazine "The Best Of" 2012 Issue

http://youtu.be/7HTCkZXaA

[ This Message was edited by: Tiki Shark Art 2014-02-05 13:35 ]


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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-09 05:05 am   Permalink

Aloha Tiki Tribe,
So one of my paintings was pirated. "Forbidden Island" was stolen, my name taken off, and the reproduced on over 200 gift items and sold on CAFE PRESS a on-line store.

Here's me holding a life size giclee of the painting - who's image was stolen.
Check this NEWS STORY out, (...and the sassy comment on it afterward). PLEASE, Feel free to mention how YOU feel about Cafe Press stealing Art from Artists.

https://plus.google.com/102974635310930866333/posts/UhmBHuc8wz4

I was shocked at how many artist's told me they found THEIR ART up on Cafe Press' Web site with-out their knowledge, after I told them what was happening to me. Three Tiki Artists Even!

Three, (yes 3!) were personal friends and fellow Tiki Artists!
(These big corporate fat cats are now messing with the tiki tribe!)

Several Hawaiian Artist friends showed up for my first day vs Cafe Press in Federal Court over on Oahu. They showed their great support and ALOHA!

So, Tiki Tribe, it's your American Tiki Right to speak up if you so wish! (and not just on FB). Yep,YOU can send REAL letters stating your feelings about CAFE PRESS stealing Art from hard working Artists, and then not being held responsible for their crime. (feel free to send it anonymously if you fear giant corporations as most atiki-artists do.)
Here's the address - No worries it's public knowledge:

Ian C. Ballon representing CafePress
Greenberg Traurig LLP
1840 Century Park East
19th Floor
Los Angeles, CA 90067
Main number: (310) 586-7700
Direct fax: (310) 586-0575

So, you think if "somebody" could tell the top executives at Cafe Press what an unholy-unending-nightmare they are creating for Artists by enabling Art thieves to break Copy Right Laws while their Corporation pockets a nice big piece of the ill gotten Benjamins, that ...they would listen? ...or even care? ...or pretend they didn't know so they could do nothing an' keep on makin' mad dead presidents?
Hmmm. Never know till ya' try. Well, here's their names & an address all concerned Tiki-Tribers can write to them and let their feelings about this be known:
CafePress Inc. CEO, Bob Marino,
President of CafePress.com, Sumant Sridharan
at
CafePress.com
1850 Gateway Drive, Suite 300
San Mateo, CA 94404
Phone: (650) 655-3000
Toll Free: (877) 809-1659
Fax: (650) 655-3008
Email: info@cafepress.com

I dunno.
I don't want to have to be out here singing in the street, I want to be in my art studio making better and better Tiki Art for you fine folks... but I also can't let it be stolen by these corporate thieves P.O.D. things - ...nor the art of my brothers and sisters.

HUGE Mahalo! I don't know If I can win against a giant corporation, but at least we can start letting them know we know they are breaking the copy Right Law and stealing Artist's work!
ALOHA and thanks for your support!



I dunno... I'm so depressed. What would the "Patron Saint of LOW-BROW ART do: Robert Williams"... what would he do? http://robtwilliamsstudio.com


[ This Message was edited by: Tiki Shark Art 2014-02-10 19:52 ]


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Atomic Tiki Punk
Tiki Socialite

Joined: Jul 19, 2009
Posts: 5800
From: Costa Misery
Posted: 2014-02-09 06:25 am   Permalink

Good luck, Brad!

 
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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-10 7:10 pm   Permalink

thanx!


 
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Destro100
Tiki Socialite

Joined: Jun 28, 2012
Posts: 130
Posted: 2014-02-11 07:21 am   Permalink

I'm really rooting for you. Your work is amazing, and this story really upsets me. GO GET 'EM!!!

 
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tikiskip
Grand Member (8 years)  

Joined: Nov 26, 2005
Posts: 2744
Posted: 2014-02-11 08:07 am   Permalink

It's Sam Gambino, I think.
You put Sam Gambinoi.


 
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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-11 12:48 pm   Permalink

tikiskip - oops! Sorry, my world is crumbling around me!
Well, I made the local news.
http://www.bigislandvideonews.com/2014/02/10/video-artist-tiki-sharks-lawsuit-vs-cafepress-goes-to-f


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tikiskip
Grand Member (8 years)  

Joined: Nov 26, 2005
Posts: 2744
Posted: 2014-02-11 1:59 pm   Permalink

That's cool, Good luck.

I like how the La lawyer said "We are very early in this case"
That's like saying your sick of this now? we are going to wear you down,
you ain't seen nothing yet.

What a bully tactic.


 
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Tiki Shark Art
Grand Member (6 years)  

Joined: Aug 31, 2006
Posts: 3479
From: The volcanic Big Island of Hawaii
Posted: 2014-02-16 2:19 pm   Permalink

tikiskip - yeah, Cafe Press.com is, I hear a rumor, ...is in the middle of around seven Legal Cases like this, and has been through several others, so it's not like this is a brand new problem. I can only hope folks will see how this "Print On Demand" On-Line web thing is not how regular business is done. It's a very different animal. It opens up the process for people who are not honest, and who have not done the tough part. It is a business model that encourages the theft of other people's hard-work. It invites crooks to break Copy Right Law, and allows Cafe Press.com to keep all it's part of the $ when it's discovered.

 
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