The Gap Accused of Stealing Flickr Photo, Reprinting Design on Shirt

Last fall, The Gap had a front row seat at witnessing the power of bad press on the internet when they released a uniformly-hated brand redesign, then stumbled into even worse territory when they tried to pass it off as the launch of a spec-based “we need a new logo competition,” and ultimately just killed the whole thing and probably wish people like us wouldn’t bring it up again. However, they give us no choice but to rehash old history because it appears that the company might soon have the internet against them once more. San Francisco hobbyist photographer Chris Devers posted on his Flickr page the remarkable similarities between a photo he’d taken nearly two years ago of an old Jaguar parked on the street and a “Thermal Body Double” outfit for currently being sold as part of The Gap’s Baby line. It’s been less than 24 hours now since Devers posted images of his original photo next to the sales listing on the company’s website, but already the story is gaining some major traction. What’s more, a second party managed to posterize the image being used on the shirt and placed it over the original, thereby offering more proof that something seems fairly amiss here. Here’s from Dever’s original post:

I have various thoughts about what’s going on here — for example, the mind-boggling idea that some unknown factory in southeast Asia somewhere is cranking out thousands of $16.95 tshirts with my photo on them on behalf of the Gap, and yet they never attempted to contact me about their use of my work — but I’m trying to keep most of my thoughts to myself until Gap has a chance to respond.

This certainly isn’t the first time a photo posted to Flickr has been at the center of this kind of repurposing/theft issue, with stories we’d reported on about Virgin and Sears getting in trouble for doing similar things coming to mind off the bat. Those seemed to fade away fairly quickly, but we’re sure to see how well a company as high profile as The Gap fares in due course.

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Seven Questions for Better World Books Co-Founder Xavier Helgesen

If your art and design library contains a sizable number of cello-wrapped, sticker-laden volumes whose pages are stamped with the names of their previous institutional owners (“Property of Wyoming Public Library” indeed!), then you have probably discovered the wonders of Better World Books. The online bookseller’s vast selection, low prices, commitment to social responsibility (from carbon-neutral free shipping to donating millions to literacy programs), and kooky brand image make it a must-click whether you’re stocking up on books by Steven Heller (collect them all!) or tracking down an out-of-print exhibition catalogue. The Mishawaka, Indiana-based company is about to kick off “Shop from Work Week” to encourage cubicle-dwellers to shop online when they should be working. “It’s not every day you have the green light to shop from work,” says Better World Books co-founder Xavier Helgesen (pictured), who scours the web for old bikes, bike parts, and interesting cookbooks when not busy with his duties as vice president of textbooks. “Although being in the e-commerce business, I get to call it ‘comparative market research.’” With the procrastination-themed sale afoot, we took some time away from our fashion week preparations to ask Helgesen seven questions about books, branding, and building a better world.

1. First—we can’t help it!—what’s your favorite book?
I love too many books to name for a whole bunch of reasons, but a classic that is really tough to beat is The Hitchhiker’s Guide to the Galaxy by Douglas Adams. I remember first reading it in eighth grade and literally falling out of my chair laughing when the Vogon is reading poetry.

2. And what are you reading these days?
On the fiction end, I devoured The Road by Cormac McCarthy in a few days. It was stark and harrowing, but completely addictive. On the non-fiction end, Jamie’s Italy by Jamie Oliver is making me a much better cook and making me love Italy all the more.

3. Now that we’ve got that settled. How did better Better World Books come about?
Better World Books started with a single college book drive on Notre Dame’s campus in 2002. Our idea was to collect books that the college bookstore didn’t want and sell them online as a fundraising for the local community center. That is still the basic model we use today, though on a much bigger scale.
continued…

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University of Iowa Museum of Art Continues Its Battle with FEMA

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Roughly two and a half years after a flood ravaged the area, the University of Iowa is still finding itself fighting an uphill battle in trying to restore its UI Museum of Art. The building it had been housed in was damaged by the swelling Iowa River during a disastrous flood in the summer of 2008. After the water level had returned to normal and damages were assessed, the Federal Emergency Management Agency agreed to help finance the repair and restoration of the building. This would have been ideal were it not for the insurance issues that arose post-flood. Insurer of the museum’s collection, Lloyd’s of London, told the museum that given the chance of another flood, they would not take the risk of offering insurance again in the museum’s current location. When the University approached FEMA last year with a request to not simply repair the building, but to move to a new, less water-adjacent area, they were denied the funds. Six months later, the University’s appeal of that decision has also been rejected, with FEMA still arguing, despite receiving information about the insurance issue, that “the UIMA suffered less than 50 percent damage and that it could be restored to use as a museum.” Still putting up a fight, the university is now planning on taking the case to both the state-level Homeland Security office as well as FEMA’s headquarters in Washington.

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Big Ideas, Little Books: TED Launches Digital Books

Brainy nonprofit TED is turning its passion for “ideas worth spreading” into slim volumes that it hopes readers will consider worth downloading. The technology, entertainment, and design mavens today launched TED Books, an imprint of short nonfiction works that will be available as Kindle Singles in Amazon’s Kindle Store. “TED Books are to Books as TED Talks are to lectures,” wrote TED curator Chris Anderson in an e-mail to the TED community. “They’re short, pithy, riveting. They’re designed to express a single big idea in a way that can be absorbed in a single sitting.” At between 10,000 and 20,000 words, TED Books fall between a TED Talk and a traditional book. They are priced at $2.99 each. The first three titles (pictured) are by TED conference alumni who detail an idea—promoting well-being on a national and personal level, a bold new world of human-directed evolution, and why you shouldn’t worry so much about the previous two ideas—alluded to in each of their talks. Six more TED Books are in production, and discussions with other authors are underway. Might we suggest that TED tap one of the design minds that have graced its stage in years past? The digital covers of the TED Books, which place their gesticulating authors against a spotlit black ground, have a goofy Sesame Street-meets-Instructional-Language-Video aesthetic that makes us flinch.

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Highlights from Park Life’s Federal Complaint Against Artist Jeff Koons

More on the Jeff Koons‘ vs. Everyone Who Makes Balloon Animals front. Following Friday’s detailed reports on the copyright and intellectual property aspects of the cease-and-desist case the famous artist has lobbed against the shop Park Life in San Francisco and the Canadian manufacturer of the balloon dog bookends at the heart of the debate, Art Info has gotten its hands on the federal complaint the shop filed in order to try and “head off a lawsuit from Koons.” Their post is entitled “6 Hilarious Zingers from the Balloon-Dog Freedom Suit Filed Against Jeff Koons” and hilarious they are. Drafted by a lawyer the shop has hired, they’ve clearly enjoyed poking at Koons and his legal team as much as they possibly can in legalese, all the while likely enjoying their underdog martyr status in the face of the big fancy artist. Art Info’s Emma Allen also adds her own commentary along the way, next to these six choice lines they’ve pulled out from the complaint, which helps make it all the funnier. Here’s the first:

The document begins: “As virtually any clown can attest, no one owns the idea of making a balloon dog, and the shape created by twisting a balloon into a dog-like form is part of the public domain.” I’d like to call to the stand the first expert witness. Dr. Bozo, will you please raise your right hand.

While we’re back on this topic, why hasn’t Koons gone after the Israeli design firm Ototo for their Doggy Bank? That looks much, much more like his sculpture than the Park Life one ever has?

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Jeff Koons Battle Over ‘Balloon Dog’ Likeness Continues

Two weeks ago, you might recall, we posted about Jeff Koons and his lawyers going after the small, San Francisco-based store and gallery Park Life after somehow discovering that they were selling bookends that looked like balloon-animal dogs. Apparently it was deemed too close to one of Koons’ own pieces, perhaps even one of his most famous, the “Balloon Dog” sculpture. Though the store hadn’t manufactured the bookends, they seemed to become the main, little guy target in the legal advance, at least with the press. Now the NY Times has gotten ahold of the story and reporter Kate Taylor has dug into it. While there isn’t much more new information about the case, other than some word on how Park Life is looking into protecting itself and how the product’s creator, the Canadian company Imm-Living, has also been issued similar cease-and-desist demands, Taylor talked to a number of copyright and intellectual property gurus about how they see the issue. Here’s a bit:

Experts said that given the objects’ differences and that Mr. Koons’s sculpture was based on an object in the public domain, he might have difficulty proving that the bookends violated a copyright. Robert W. Clarida, an intellectual-property lawyer, said that in such a case a judge would probably instruct a jury to filter out the characteristics of balloon dogs in general and focus on what was distinctive about Mr. Koons’s version; if Imm-Living didn’t specifically copy that, it wouldn’t have violated Mr. Koons’s rights.

Taylor also provides some additional backstory on Koons’ own famous legal battles, being sued several times and settling “for an undisclosed amount” in the late-80s, after being accused of copying other artists’ pieces.

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A question for local folks…

Photo by Jeremy Hood

It has been nearly six years since I first moved my design business into Art Central in downtown Calgary. At the time, my plan was to have a nice design studio and, as a side business, I would also have a small shop selling design-related books and stationery. Thus UPPERCASE was born. I mused that someday I’d like to publish books under the same name, so I designed a logo that would look good on a book spine. I didn’t think I’d delve into publishing so quickly nor so thoroughly, but I love it.

Alas, I had to close the physical retail aspect of UPPERCASE one year ago. Expecting a baby was a big factor in the decision, but also the cost of maintaining store inventory plus paying magazine print bills was just too much to take on. Customers through the building had begun to dwindle and Art Central didn’t have the buzz of activity and energy that it once had. I had far more web traffic and online orders than actual people coming through the door and the need to focus my business to an online model was very clear.

I still love my studio space in Art Central and plan on revamping it to meet my current needs (baby-proofing?) I hope to be able to work downtown on a more regular basis now that Finley is approaching his first birthday. I have lots of ideas for events, workshops and the like to best make use of the space… it is just a matter of finding time!

I am dedicated to staying in Art Central; I think the place still has loads of potential as a focal point for creativity and community in Calgary. However, over the past two years, tenants have come and gone and it has definitely been seeing some tough times. We could blame this on the economy but that’s an easy excuse. I would like to hear your opinion on Art Central. What can we do to make it better? What would you like to see happening in the building? What sort of tenants would be a good fit? What would you like to see and do in UPPERCASE?

Please leave your comments below or if you have something lengthy to say, please email me.

Waste Not, Want Not: Vitsœ Takes Stand Against Planned Obsolescence

Buy. Replace. Repeat. Vitsœ is not amused. The London-based furniture company is taking a stand against planned obsolescence with a new campaign that highlights the practice of designing, manufacturing, and selling products that are deliberately intended to have a limited useful life. (Who would do such a thing?) Best known for its Dieter Rams-designed modular shelving system (“a flexible and faithful servant in the face of a turbulent world”), Vitsœ was founded in 1970 with the aim of creating “furniture that moves with you”—whether down the hall or across the globe—and now the company is driving home the point with this short video. It takes its title from a Massimo Vignelli maxim, “Obsolescence is a crime.”

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Architecture Billings Index Continues to Climb

Last month’s news that the American Institute of ArchitectsArchitectural Billings Index had finally reached the pre-2008, industry meltdown levels was great news, though approached cautiously after the unpleasant and unexpected dip the month before. That celebratory caution seemed definitely warranted at that time, and will likely continue to be the case in the foreseeable future, even with this month’s news that the Index has continued to rise. Jumping up more than two whole points to 54.2 (anything above 50 indicates an increase in billings and averaged growth within the industry), it shows that perhaps things might be getting better for the business of building. That the increase continued to hold in December makes it an even better sign, explains the AIA’s official decipherer of such things:

“This is more promising news that the design and construction industry is continuing to move toward a recovery,” said AIA Chief Economist, Kermit Baker, PhD, Hon. AIA. However, historically December is the most unpredictable month from a business standpoint, and therefore the most difficult month from which to interpret a trend. The coming quarter will give us a much better sense of the strength of the apparent upturn in design activity. ”

For further reading, we highly recommend checking out Matthew Lynch‘s “Industry Outlook 2011” for Archinect, which gives a great, detailed overview of what the Billings Index will tell you and how this year is likely to pan out for the industry.

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Hillier Wing of RMJM Files Suit Against Parent Company Over Unpaid Bills and Siphoned Cash

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All of the issues plaguing the mega-architectural firm RMJM, which we reported on back in early November, seem to have now made their way over here to the States. The Star-Ledger is reporting that the Princeton, New Jersey-based wing of the firm, formerly known as Hillier Architecture before they merged with RMJM in 2007, thus creating one of the largest architecture companies in the world, has filed suit against their parent company, citing a breach of contract and hundreds of thousands of dollars “in unpaid bonuses and shares that were due in January 2009.” Furthermore, the paper reports that the suit claims that “RMJM was siphoning off millions of dollars from its Hillier subsidiary.” Certainly doesn’t seem at all like a very friendly collaborative environment, and likely not the news RMJM wants added to all the press they received late last year about all the layoffs, staff exits and starchitect Will Alsop not yet landing any jobs for them. From their camp, they’ve denied any wrong-doing, telling the paper that “the firm had faced financial issues but called allegations of asset-stripping ‘both outrageous and utterly untrue.’”

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