Posted on March 24, 2016
Hello, KennyK fans - it has recently been brought to our attention that Kraftyhands Arts & Crafts Emporium have been illegally producing and selling craft kit CDs containing our stamp images!
It took several attempts to finally elicit a reply from Mike Deakin of Kraftyhands regarding this matter. We are pleased to announce that Mike Deakin has acknowledged his wrongdoing, and has complied with our request to remove the infringing materials from his shop, and agreed to no longer offer them for sale.
However to be clear, this is not simply an instance of a businessperson's honest mistake.
- The Events Leading to This Circumstance
In 2012, Mike Deakin served on KennyKdownloads' DT for about 6 months without incident. Here below is his DT badge taken from this blog post (http://www.papercraftography.blogspot.com/2012/06/kenny-k-dt.html), clearly showing our "Lady Victoria" steampunk digi stamp image on the left - proof of Mike Deakin's knowledge that these steampunk images belong to us (they had already been sold in our shop for about a year at that point).
During Mike's DT tenure, he approached us about licensing some of our images to sell on CDs thru his shop, Kraftyhands. We liked this idea, and exchanged a few friendly negotiation emails. We soon had pretty much arrived at an agreement which had only to be finalized by choosing which images were to be used, and by signing paperwork.
Our last correspondence on this matter ended with the ball in Mike's court, saying he was going on vacation for a couple of weeks, and that he'd be in touch with us when he got back to finalize the deal and make it official. He never followed up on this deal with us. The fact that the deal was never finalized is not a problem; this kind of thing happens for all sorts of reasons, and we didn’t think anything more of it.
- About Clipart and Stamp Licensing and Usage
Subsequent to this correspondence with Mike, in addition to the digi stamp licenses offered in our shop, Kenny had started licensing our images on several commercial clipart sites, which offer different usage terms than you get with a digital stamp license.
It is the same sort of arrangement with clipart. A commercial clipart license allows broader usage than just paper crafts, which is why they typically cost more than a digi stamp. You can use commercial clipart for your blog, business cards, printed menus and flyers, your sports team banner, and lots of other print and web items (that aren't being offered for sale), with a Standard License. Whereas the purchase of an Extended license on commercial clipart sites generally allows you to use the clipart image on items you will manufacture and offer for sale - such as tshirts and apparel, mousepads, novelty items, and lots of other stuff.
However regardless of whether one purchases a Standard or Extended license, all commercial clipart sites explicitly prohibit the resale and distribution of the images themselves, or derivative works based on the original image. In other words, one is never allowed to license an image file and then turn around and sub-license it to a third party, nor are you allowed to sell a product that enables a purchaser to extract the image and then get further use out of it -- otherwise all these commercial clipart sites would go out of business.
This is why commercial clipart may not legally be sold on a craft sheet or kit, nor as digi, clear or rubber stamps; because the clipart purchaser is the only one licensed to use the art. Any customer of the clipart purchaser would be regarded as a third party, and therefore explicitly prohibited from using the image.
- Illegal Production of Kraftyhands Products Using KennyK Images
Last week, four years after Mike Deakin's abandonment of our negotiations to license our images for Kraftyhand's CDs, we discovered that Mike had decided to bypass us entirely and purchase our images thru a commercial clipart site, using them inappropriately to produce Kraftyhands craft CDs, associated promotional videos and advertising banners — all without our knowledge or permission, and without even abiding by the terms of the commercial clipart license he presumably bought - see these excerpted terms below, from the clipart site’s license page (http://depositphotos.com/license.html):
6. PROHIBITED USE OF FILES
6.1 You may not:
b. Transfer, resell, sub-license, rent, donate or otherwise transfer the File or rights to it to third parties;
c. Сreate conditions under which the File may be extracted from a product;
d. Allow third parties access to the File for further use;
h. Use the File in a way that infringes the File’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
Mike Deakin, who has run a professional crafts shop for some time and is obviously very familiar with the issues of copyright and licensing, has claimed that he was unaware of these terms — even though they are clearly spelled out, right there in the license.
Additionally, we must point out Mike Deakin's complete lack of ethics by knowingly and deliberately setting out to compete directly with us by selling our images in their shop.
- On the very bright side . . .!
With all of this finally settled and the illegal products now removed from the market, we want to extend our deepest thanks to the Kraftyhands' DT members that responded to us immediately and removed all images and content promoting these infringing items from their blogs and social media, and we acknowledge the fact that the Kraftyhands DT themselves are in no way at fault here.
A BIG THANK YOU also to the KennyK Stamps famliy - our fans, followers and of course our amazing DT, the one and only Krafty Krew! The flood of emails, facebook posts, private messages and blog posts showing your love and support for KennyK Stamps has been a tremendous help in getting us through this difficult ordeal. THANK YOU ALL!!
- 40% OFF "THANK YOU” SALE!!!
With all the attention our Steampunk and Skateboard images have been getting lately, we wanted to do something special for our rockin’ and supportive fans - so starting today we're having a 40% OFF “THANK YOU" SALE on all digi and clear individual stamps in our shop!
Sale runs from Thursday March 24th through Sunday March 27th
use coupon code: THANKYOU
Love and light to all, Elena & KennyK!!!