It’s no secret that, in this day and age, the work of artists and designers is seriously (and increasingly) undervalued and regularly exploited. After noticing an uptick in big brands ripping off artists’ work, Rachael King, designer and author of Pattern Pulse Vol 2, decided to start speaking out about the issue. We caught up with the Queensland creative to chat about how artists can be better protected and supported below.

You’ve used your Instagram account @australiansurfacedesigners to highlight instances where artists’ work has been stolen. When did you realise that you wanted to start drawing attention to this issue? I entered a major Australian department store last year and recognised the distinctive artwork of one of my favourite artists on a clothing range. I messaged the artist to congratulate her and she said she didn’t know anything about it! Turns out that her work had been used without her knowledge. I was appalled at the outright gall of the clothing label to steal her work. I knew then that I needed to start speaking out about misappropriation because it happens more often than we realise.

How prevalent is the issue of imitation and theft among the Australian creative community? There are many stories circulating about art and design theft among the Australian design community.  Whenever I post about an infringement, I get a swathe of DMs from designers who have had a personal experience of their art being copied. It is so dispiriting; it can challenge their mental health and even their desire to continue in the business. Fortunately, I have not had this experience.

 

 

 

 

 

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These days, social media is a crucial tool for getting artists’ work out there, but it also makes it easier for that work to be copied. What’s your relationship with social media like? Social media is the way to get my work out in front of licensors. It is an important part of how we show that we are being attentive to out art practice, by continuously creating and posting fresh designs. I take the risk of showing my work on socials because it is less likely that I will get the amount of work I currently do, if I don’t. I choose to use Instagram and Facebook as a type of portfolio for someone to quickly flick through and decide if they want to work with me. It has been extremely helpful in growing my business.

What are some of the things you’ve done to protect your work from being stolen? Mock-ups are a really handy way to show new work without showing a full repeat tile that might otherwise be copied. I use mock-ups of fabric and clothing to show how my artwork could be used in an effort to avoid my work being stolen. Using watermarks can be helpful too, up until someone photoshops it out!

Do you think Australian copyright and intellectual property laws are strong enough to adequately safeguard the creative community? I believe the Australian copyright law is robust enough to protect artists. My advice to artists and designers is to keep sketchbooks and working files of how their design began, so that they have evidence to support a claim if their work gets stolen. There are organisations such as the Copyright Agency and NAVA who are there to inform and support the community around these topics.

How can we support small businesses and artists who have had their work ripped off? Easy! Boycott the business that did the wrong thing. Trial by social media has also been a very effective way to send a clear message to the offenders.

Any other thoughts on the issue that you’d like to share? I think that it is laziness on the part of businesses who instruct their inhouse graphic designers to copy other people’s artwork for their own collections. Standing behind the might of a big business with a legal department does not give you the right to appropriate the original ideas of smaller designers.

And another thing: changing someone’s design by 10 per cent and then calling it your own is an urban myth. Do your homework and make your own unique designs, instead.

For more info on copyright, intellectual property and artists' rights, check out these resources:
The Copyright Agency – about copyright
The Arts Law Centre of Australia – find help for artists
IP Australia – design rights
The National Association for the Visual Arts – legal and copyright guides

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