Artist Shows How This Film’s Creators Plagiarized His Original Idea And Did Not Even Credit Him
With success comes imitation—and it really can be the highest form of flattery… if it’s done right. Unfortunately, the line between inspiration and plagiarizing can become blurred when there’s poor communication. This is one of those times and it involves webcomic legend Adam Ellis whose cartoons you’re very likely to have seen in your social media feeds.
Ellis, who has over 1.7 million followers on Instagram alone, detailed how co-directors Andrew Butler and James Wilson allegedly ripped off (or were strongly inspired by, depending on your point of view) one of his comics for their movie ‘Keratin.’ Ellis explained all about the filmmakers’ poor communication with him and their seeming unwillingness to at least credit him.
Several festivals have already pulled their support for Butler and Wilson’s film. The co-directors had previously overtly told Ellis that their short movie was inspired by one of his comics; however, they appear not to have asked for his permission and allegedly ignored his further concerns. Even though Ellis has been contacted by some lawyers, he doesn’t plan to pursue litigation against the pair. Ellis also told Newsweek that even if the filmmakers had asked for permission, he wouldn’t have given it to them. Both Butler and Wilson appear to have completely shut down all of their social media accounts and other ways for the public to contact them.
We wanted to learn more about what artists can do to dissuade others from stealing their work, so we reached out to the Freelancer Club which fights for the rights of creative freelancers and against unpaid work. Matt Dowling, the founder of the Freelancer Club told Bored Panda that in the creative industries, having your ideas taken without permission or credit is “extremely common.” According to Dowling, “Many companies and individuals assume they can simply Google a photo, video clip, illustration, or animation and use it without permission.” Read on for more of his insights.
More info: Instagram | Facebook | Twitter | LizardKween.com | Patreon | Book
Well-known comic artist Adam Ellis claims that two filmmakers plagiarized his comic to make their short film ‘Keratin’
Image credits: Adam Ellis
Ellis gave examples of how the film copies his comic shot for shot
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: adamtots
He also shared how the filmmakers contacted him about having been inspired by his comic. However, Ellis wasn’t too happy they didn’t ask for his permission and didn’t credit him properly
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Image credits: Adam Ellis
Dowling, the creator of the Freelancer Club and one of the leading voices in the creative freelance community, explained to Bored Panda the first course of action that artists can take to protect their work is preventative. “Digitally watermark your work and use an online tracking tool that will show where images are being used. This method isn’t yet 100% foolproof but it’s a good starting point.”
Once an artist has found out that their work is being used without their express permission, they can take “a bold approach” by sending them a legal letter demanding payment. More commonly, however, artists tend to send ‘cease and desist’ letters asking that their content be taken down. You can download a ‘cease and desist’ template right here.
Dowling stressed that it’s vital that you protect your creative work, no matter if someone using it without your permission was just being naive or trying to make a quick buck. “Each case is individual and certain factors need to be taken into account. Firstly, one must determine if there is a case to begin with. Has an infringer blatantly published copyright material or plagiarised work? Has it been used in a global ad campaign or on a personal blog? Have they damaged your brand? Based on the severity of the case, you can decide how you wish to proceed.”
He pointed out that things get complicated when a piece of work has been altered: “In cases when it’s unclear if copyright has been infringed, for example, a company has altered a piece of work or taken a section of content and repurposed it, things get a lot more complicated.”
Dowling continued: “Once you’ve determined that there has indeed been an infringement, it is up to the copyright holder (the owner of the work) to decide how to proceed. Perhaps it was an honest mistake in which case they may wish to send a gentle email outlining what has occurred and request the infringer take down the content, or in the case of a blatant rip-off, they may wish to pursue legal action. Often, a resolution can be found in clear communication.”
A lot of Ellis’ fans were angry that his work was plagiarized
Image credits: arashikagetom
Image credits: RobCabrera
Image credits: NyraGaia
Image credits: theonlykroywen
Image credits: Casey_Jacked
Image credits: APB_art
Image credits: leszy_
Image credits: Phiasco9
Image credits: _TheCrazyBear_
The backlash against Butler and Wilson has been pretty huge. Their movie has already been downvoted to heck on IMDb—it holds an aggregate score of exactly 1 star out of 10.
However, not everyone thinks that Ellis is in the right. For one, some claim that he doesn’t appear that he has proof that his idea is completely unique. While some internet users said that it might be better to call Butler and Wilson’s work derivative rather than straight-up plagiarizing. In this particular case, however, there isn’t a shadow of a doubt that Butler and Wilson were directly inspired by Ellis’ comic.
But the idea that Ellis drew is something that plenty of people could have (and definitely have) come up with independently. With the internet helping more and more artists and creatives share their work, ideas are bound to repeat. It’s an offshoot of the simultaneous invention aka the multiple discovery phenomenon.
There’s nothing new under the sun, after all. And it’s a pretty comforting idea that we’re all very alike. Though it does make being completely original far more difficult. What’s more, with how open and accessible the internet is, everyone’s constantly getting inspired by everyone else and working with multiple ideas that they found online. It’s pretty much impossible to live in a bubble where you don’t have access to such inspiration unless you unplug from tech and head off into the woods.
But, at the end of the day, this story is a lesson about the importance of asking for permission and giving proper credit to artists. How those artists respond to inspiring other creative folks is another thing entirely. What do you think of the situation, dear Pandas? Are there clear black and white sides to this story or do you see the situation in shades of gray? Do you think all of this drama could’ve been avoided with better communication? Share your thoughts in the comment section below. And remember—always give proper credit where it’s due.
However, not everyone was so quick to judge
Image credits: cocoa_anim
Image credits: cocoa_anim
Image credits: Adam Ellis
Image credits: cocoa_anim
Image credits: cocoa_anim
For me this is blatant plagiarism. And the artist has enough proof to win his case in court.
Alas, no. When the directors said "inspired by", they legally covered their butts "enough" for most creative-rights courts I know about (hubby is author). And if the artist hasn't pursued anything but social media slams...(he refused legal help, apparently?).... he wants *that* film to get people to watch *his*, is my guess?
Load More Replies...
I don't think that the last person tries to defend those filmmakers, they just explain how it is technically legal (which doesn't make it any less immoral).
Exactly. By legal definition, this isn't plagiarism. This also not a shot for shot copy (if that were true, the film would have used one finger sticking up rather than all five; a house instead of a trailer, etc.) as the comic's author claims. I feel bad for him but he doesn't really have a legal case for plagiarism.
Load More Replies...
Here’s what confuses me: It’s blatant plagiarism. He has more than enough evidence to support his accusations. He would never have given the directors permission to adapt his comic to begin with. So, why isn’t he pursuing litigation? If someone did the same with my writing, heads would roll. ▪️Edit: It mentions in the third paragraph from the top that a few lawyers offered to help but he has decided not to take legal action.
He wrote about it on his Instagram yesterday. So maybe he is gonna take some legal actions, just haven't announced it yet?
Load More Replies...
its so disheartening to see that an artist being bullied in art industry by another artist. such a shame.
..."in that case it would be considered derivitave work" yeah NO I call bullshit. Nitpicking on how it's really only kinda plagiarized is giving these lazy thieving arseholes far more respect than they ever thought to give Adam. Then to go basking in all the awards and praise without even ONCE crediting him by name...can someone get me the filmmakers' contact info? I just wanna talk...
There have been so many shots that have been duplicated between mediums over the years. That is not enough claim for plagiarism. It has to be more. Even copying plot beats is not enough. Look at Star Wars. It is one of the most derivative movies of all time, repackaged as a sci-fi film with ground breaking special effects. But everything from the side wipe scene transitions and lightsaber choreography (taken directly from Kurosawa films) to the run on the Death Star (almost a shot for shot recreation from WWII film Dam Busters) were not George Lucas' original ideas. He even copied the look of Leia's ear buns from a character in Dam Busters. Yet no one criticizes him, and instead hail Lucas as a genius
Nick Cave, yes the singer, wrote a novel, “and the ass saw the angel” 1989, Where the main character does a similar thing with his nailclippings. Very dark book indeed. https://en.wikipedia.org/wiki/And_the_Ass_Saw_the_Angel
Can't you sue them? I would check that possibility. It's really depressing me knowing people do such things... it's more than stealing some object from someone, it feels like stealing part of someone's soul...
Yes. It says in the the third paragraph that he was contacted be a few lawyers but has decided not to take any legal action.
Load More Replies...
It's definitely a rip-off, but unfortunately there a lots of legal present for the "30% rule" to keep them out of trouble visually. All that means is you need to adjust 30% of the original work to be safe, and by changing the color scheme, shifting the perspective shots and adjusting some elements ie the trailer I think they they are clear. However we see the same stories in film over and over again b/c "classic stories" like snow white and Cinderella are part of the public domain and thus free. Original stores and graphic novels are not covered. You can make a short film inspired by say Spiderman but if you rip a recognisable story with too many visual cues to the original from the comics that's copyright violation. The line is thin and it will hang on if the story is unique enough (i think so) and if there are too many visual cues to the original work (also think there is) and if the platform it was published on counts toward copyrighted material.
@adamtots on Instagram. I don't remember when he posted it.
Load More Replies... I agree with Adam but I think he'll struggle to win the court case (if it comes to court)...
Making derivative work of someone else's work isn't legal either. (Copyright infringement)
Hoping he follows up with how the people that ghosted him react when the media calls them out on a plagiarized work. After seeing this...I say take them to court.
If only they'd asked him. Imagine how they could have collaborated on other ideas for films. No, instead they chose to take all the glory themselves. All creators would love recognition I'm guessing, they denied him this completely. It wouldn't have hurt them in the slightest to do so and says a lot about the kind of people they are.
https://www.backbonefilms.co.uk/ There a statement from the directors here.
Didn't this sort of thing happen to him before as well? Wasn't okay then, isn't okay NOW either!
Pretty clear to me. Pretty silly when they come with arguments like; everybody gets inspiration everywhere and it is hard to be original nowadays. It is not like it is about a general theme "ooo they copied me I made a horror story too" or even a specific (but quite common) theme like a haunted house. This is not inspiration, this is literal copying. Shot by shot (though yes some details were altered). Inspiration can be a general storyline. But if it is as close as this, down to specific details (especial the fingernail shots) and camera angles it is clear. How much of a case there is Legally is another matter. But moraly they guys are definitely in the wrong.
I used to like the comics he did when he was at Buzzfeed, he left because they own the rights to all content published on their site.
Just because George Lucas got away with it (barely) doesn't make it right. Now imagine this lil film reaches Star Wars level of popularity and acclaim: Adam would be as insignificant to the greater masses as Valérian and Laureline. Ideas might not be able to be plagiarized but shot for shot, scene by scene copies sure as heck are.
Load More Replies... For me this is blatant plagiarism. And the artist has enough proof to win his case in court.
Alas, no. When the directors said "inspired by", they legally covered their butts "enough" for most creative-rights courts I know about (hubby is author). And if the artist hasn't pursued anything but social media slams...(he refused legal help, apparently?).... he wants *that* film to get people to watch *his*, is my guess?
Load More Replies... I don't think that the last person tries to defend those filmmakers, they just explain how it is technically legal (which doesn't make it any less immoral).
Exactly. By legal definition, this isn't plagiarism. This also not a shot for shot copy (if that were true, the film would have used one finger sticking up rather than all five; a house instead of a trailer, etc.) as the comic's author claims. I feel bad for him but he doesn't really have a legal case for plagiarism.
Load More Replies... Here’s what confuses me: It’s blatant plagiarism. He has more than enough evidence to support his accusations. He would never have given the directors permission to adapt his comic to begin with. So, why isn’t he pursuing litigation? If someone did the same with my writing, heads would roll. ▪️Edit: It mentions in the third paragraph from the top that a few lawyers offered to help but he has decided not to take legal action.
He wrote about it on his Instagram yesterday. So maybe he is gonna take some legal actions, just haven't announced it yet?
Load More Replies... its so disheartening to see that an artist being bullied in art industry by another artist. such a shame.
..."in that case it would be considered derivitave work" yeah NO I call bullshit. Nitpicking on how it's really only kinda plagiarized is giving these lazy thieving arseholes far more respect than they ever thought to give Adam. Then to go basking in all the awards and praise without even ONCE crediting him by name...can someone get me the filmmakers' contact info? I just wanna talk...
There have been so many shots that have been duplicated between mediums over the years. That is not enough claim for plagiarism. It has to be more. Even copying plot beats is not enough. Look at Star Wars. It is one of the most derivative movies of all time, repackaged as a sci-fi film with ground breaking special effects. But everything from the side wipe scene transitions and lightsaber choreography (taken directly from Kurosawa films) to the run on the Death Star (almost a shot for shot recreation from WWII film Dam Busters) were not George Lucas' original ideas. He even copied the look of Leia's ear buns from a character in Dam Busters. Yet no one criticizes him, and instead hail Lucas as a genius
Nick Cave, yes the singer, wrote a novel, “and the ass saw the angel” 1989, Where the main character does a similar thing with his nailclippings. Very dark book indeed. https://en.wikipedia.org/wiki/And_the_Ass_Saw_the_Angel
Can't you sue them? I would check that possibility. It's really depressing me knowing people do such things... it's more than stealing some object from someone, it feels like stealing part of someone's soul...
Yes. It says in the the third paragraph that he was contacted be a few lawyers but has decided not to take any legal action.
Load More Replies... It's definitely a rip-off, but unfortunately there a lots of legal present for the "30% rule" to keep them out of trouble visually. All that means is you need to adjust 30% of the original work to be safe, and by changing the color scheme, shifting the perspective shots and adjusting some elements ie the trailer I think they they are clear. However we see the same stories in film over and over again b/c "classic stories" like snow white and Cinderella are part of the public domain and thus free. Original stores and graphic novels are not covered. You can make a short film inspired by say Spiderman but if you rip a recognisable story with too many visual cues to the original from the comics that's copyright violation. The line is thin and it will hang on if the story is unique enough (i think so) and if there are too many visual cues to the original work (also think there is) and if the platform it was published on counts toward copyrighted material.
@adamtots on Instagram. I don't remember when he posted it.
Load More Replies... I agree with Adam but I think he'll struggle to win the court case (if it comes to court)...
Making derivative work of someone else's work isn't legal either. (Copyright infringement)
Hoping he follows up with how the people that ghosted him react when the media calls them out on a plagiarized work. After seeing this...I say take them to court.
If only they'd asked him. Imagine how they could have collaborated on other ideas for films. No, instead they chose to take all the glory themselves. All creators would love recognition I'm guessing, they denied him this completely. It wouldn't have hurt them in the slightest to do so and says a lot about the kind of people they are.
https://www.backbonefilms.co.uk/ There a statement from the directors here.
Didn't this sort of thing happen to him before as well? Wasn't okay then, isn't okay NOW either!
Pretty clear to me. Pretty silly when they come with arguments like; everybody gets inspiration everywhere and it is hard to be original nowadays. It is not like it is about a general theme "ooo they copied me I made a horror story too" or even a specific (but quite common) theme like a haunted house. This is not inspiration, this is literal copying. Shot by shot (though yes some details were altered). Inspiration can be a general storyline. But if it is as close as this, down to specific details (especial the fingernail shots) and camera angles it is clear. How much of a case there is Legally is another matter. But moraly they guys are definitely in the wrong.
I used to like the comics he did when he was at Buzzfeed, he left because they own the rights to all content published on their site.
Just because George Lucas got away with it (barely) doesn't make it right. Now imagine this lil film reaches Star Wars level of popularity and acclaim: Adam would be as insignificant to the greater masses as Valérian and Laureline. Ideas might not be able to be plagiarized but shot for shot, scene by scene copies sure as heck are.
Load More Replies...
211
50