I also love your comment towards the end of your post about people who brag about illegally downloading music. For me, it’s friends who download movies with Bite-me-torrent. Worse, after they admit it and I call them on it, some of them try and justify it with things like, “The studios are just raping us anyway” or “I’d see it eventually on TV for free.” Theft is theft.

I’d painted the piece at least five years before they used it as a springboard. It was on my site, on my mailers, on my business cards…

Take a look, tell me if I’m crazy. Just scroll down a bit:
http://marrus.livejournal.com/76926.html

Whether Scott’s idea was either unique or interesting, it wasn’t the idea 3M was trying to copy. It was the viral buzz they were trying to co-opt. Once something has gotten the kind of volume of discussion and awareness that Scott’s photos got, to “create the stunt with their own car” still seems to me like trading on Scott’s work.

Beyond the buzz, though, if a photographer or an illustrator creates a piece of art, and then a company or agency creates a knock off rather than pay the illustrator, I think that’s wrong too. It happens. But I think its wrong. If I decided to do what 3M did to a book or a movie or a song, it would be considered plagiarism. Although frequently, plagiarism seems to be okay in advertising. I just don’t approve of it. Throw in the fact that they even offered to use his work and when he wouldn’t low ball his price, they copied it, and you can’t even let them plead ignorance. Intellectual property rights and protections exist so we don’t live in a world of Berbie dolls and Mikey Mouses, walking down the street singing “Barn in the USA” in our Nykee sneakers. (Unless of course it’s an homage, a sample, or protected legally as a satire, neither of which 3M can claim.)

Thanks again for your comment.

Seems to me like a bit of over-reaction. And, they did NOT use his car photo. They simply created the stunt with their own car, design and photos as an example. If anything I think they are guilty of being “also-rans” but thieves? I don’t think so.

Covering a car with stickies is hardy a unique or even interesting idea. If I were to try and think of a fun way to use these things for a stunt the FIRST thing I would think of is covering something. Car, plat boat, building.If you look at their contest there are many ideas that are either similar or the same.