Here I am surfing around the net in my pre-posting tradition, catching up on my fave blogs and such and I come across…this. I started to comment, as I felt compelled to do so, and suddenly realized I had way too many words for a comment. I started to be one of those that comment so long that you wonder why did they just start their own post on the subject and just leave a short comment with their link to their longer one. Those kind of comments kind of drive me mad.
The gist of the post (as well as this one and this one) is whether Emily the Strange was actually plagiarized from a children’s book character named Rosamond. Now, I’m not condoning plagiarism by any means…but before we start laying blame and calling names and demanding retribution, one needs to think about and maybe research a few things. Such as, there is something called public domain and whether or not the copyrights were still in effect at the time of Emily’s “creation”…and also, how long can one claim copyright infringement after such a possible hypothetical infringement has been discovered…etc.
Now, I may seem short-sighted here, but the line that most disturbs me in the post I just read, actually, is this:
“Emily’s claim to fame is that she is one of the biggest sellers at Hot Topic. She was specifically created for marketing.”
I completely disagree. That’s putting the cart before the horse. The fact is Hot Topic found her and has exploited her to the down-and-dirtiest sense. I have a bit of perspective on this worth mentioning, and here it is.
The timeline, as far as I can tell, looks like this:
The book in question, Nate the Great Goes Undercover: published in 1978
Hot Topic Stores: first open doors in 1988
Emily the Strange: created by Nathan Carrico in 1991 for Santa Cruz Skateboards as a sticker.
Then Carrico’s friend Rob (Reger) started Cosmic Debris (also in Santa Cruz) and acquired Emily, creating cheap silk-screened t-shirts with her image. I have one of these original shirts…somewhere in my storage unit, but it’s there and it’s mine. It says, “Emily didn’t aim high…she aimed low” and shows Emily with cats in tow, brandishing a sling-shot aimed at a bullying boy in the distance. I’m pretty sure Rosamond doesn’t do that the book, I can assure you!
At the time I was working in an independent alternative clothing store downtown Seattle (we’ll call it “The Viv”), which also had two other locations in key districts in the urban core. The clientele were mostly skater-types, club kids and goth/batcavers…and because of our downtown location near the Pike Place Market, we also got a lot of tourists and sometimes a celebrity or two. Our buyer/asst manager worked directly with Rob and Cosmic Debris, having known Rob when she lived/worked/played in the Bay Area, and we first carried the stickers and then the t-shirts when they became available.
The way a small business like ours would acquire the merchandise is basically like this: Our buyer “N” would hook up with Rob and/or his team at low-end expo-type conventions held two or three times a year. Start-up manufacturers, such as Cosmic Debris was at the time, would have stalls with samples only to show. After the order was solidified…after and during a few days of partying with said vendors…the vendor (Rob and team) would scurry back to Santa Cruz to screen and print ’til the wee hours of many morns to fill their orders, including ours. This business model means that they really only could market mostly to small independent retail businesses.
While all this was happening in the early-mid-90s, Hot Topic was not yet near the huge conglomerate it is now. We didn’t yet have one in Seattle during this time…at least not in the urban core…and they did not yet carry anything Emily. When Hot Topic finally did come to urban Seattle a few years later, “The Viv” started to loose sales and eventually closed it doors, one by one. Our hip 20-something staff moved on, moved up and some moved away: N went to NYC to work for Ralph Lauren; J went work at Barney’s, got married and had children; and I became a Corporate Whore slaving for a Fortune 500 company in Seattle. Eventually, I noticed that Hot Topic (where I would now go to get cool cheap hosiery, because The Viv was gone and Nordroms is too expensive and doesn’t have the kind of selection I like) started carrying Emily merchandise…and boy was there A LOT of it now!
It is obvious to me that Rob struck a deal with Hot Topic to carry Emily stuff and it has been instrumental in skyrocketing his company’s success. Good for him! (Go Rob!) Does he or Hot Topic owe the creators of the Nate the Great children’s books? I don’t know, but I think not. Emily has become something entirely different than Rosamond…if she was indeed ever exactly like her to begin with. A little sticker design, inspired by a character in a book, mutated and expanded into the phenomenon it is now. And I, for one, am actually glad because Emily, who actually looks almost exactly like I did “back in the day” 15 years ago, has reached more children, young adults and yes, even the old fogies that are their parents, than Rosamond ever could have. And for that I am thankful.
Yep, Thankful. Thank you Nate and Rob for your fun, dark take on what so many of us were thinking and feeling growing up and even still in our young adulthood. Thank you, Cindy, for hiring me to work in your store so I could find Emily before she became the mutated marketing windfall she has become.
And thank you, N, J, M, and D for all the fun-filled hours at work, picking up after the likes of Dennis Rodman and others that came to shop there…all the while dancing through the racks to some of the best music of the 90’s.
And by the way…since Emily looks just like I did back then, do I get to claim some sort of monetary recognition from Nate and Rob and Hot Topic? I mean, come on, really…
© 2008 D. Kessler
December 11, 2008 at 4:43 am
One thing I must share is an old adage, that 1 million people will all have the same idea, 100 thousand of them will actually place true energy into said thought. 10 thousand will follow through by jotting something down in words or perhaps a sketch, 1 thousand will take said documented thought and proceed towards it with more energy. 100 will ascend said thought with energy and put some sort of physical production towards it, 10 of them will truly follow through and create a tangible object for others to see and feel.
But only one will actually patent the idea and obtain “ownership” of the idea!
Why do I share this with you, well good question, if you have the answer…well you know how to find me.
S.
December 11, 2008 at 10:46 am
It’s nice to get another perspective on the issue…lots of good info to know…I wondered too if there is “time-limit” on copyright issues though I am sure the books are still protected since they are still being published
And now those independent stores are suffering.
I think the reason this topic is so interesting to me is b/c Emily does remind me of an old friend…and I agree that she has come a long way since those days, which could be good or bad, i guess
I remember when I first saw a Hot Topic at my old mall which got my goat a bit b/c we had been followed around and eventually run out of the same mall b/c we “stuck out”…sort of the same feeling I had when I saw Docs being sold at the anchor department store…there was definitely something to be said for having to drive an hour or search out independent stores to get decent clothes and accessories
dyricci replies:
You know…we used to call Hot Topic “Goth To Go”…wait, I think we still call it “Goth To Go” lol “Can I get you a razor blade with that black nail polish and pair of fishnets? That would be value-pak #1…” *giggle*…I’m sorry…maybe only an original 80’s batcaver can fully be okay with this flim-flam…
In any case…Asherah has some good points to ponder below…
December 11, 2008 at 4:27 pm
NOTE: I work in copyright…
The current term of copyright in the United States is the life of the creator plus 70 years. If the work was made for hire, it would be either 95 or 120 years. Given the changes in copyright law over the years… the copyright on this particular work would not expire until 2070. Now it could be that the artist created the work under contract, if so, the contract would take precedence over copyright law.
Given the outline that you gave above and taking a look at Rosamond and Emily, I believe that it looks like the rightsholder to Rosamond has a very good chance in court. The basis for the decision would not be on what the image does, but how she looks. To me there is substantial similarity in the look and feel. The drawback for the artist is that to take a corporation to court takes a good deal of money. Yes, if the judgment is in your favor, you will get lawyer fees and court costs… but if something goes wrong. You’re screwed. And to top that off litigation can take years. So you have to balance it out for oneself. Marc Simont or Random House would have to bring the case forth.
And btw… unless you were “fixed in a tangible media” in 1975 and Rosamond’s creator could have potentially seen you, you wouldn’t have a case there
December 11, 2008 at 4:41 pm
btw… while I do think they could bring a case given the current state of the law. I don’t like the fact that they could. Yes, both have long dark hair, sleeveless dress, same hose and shoes, same type of strangeness… the lines and curves differ. That is what made Emily successful as a property. Her image feeds into what humans find appealing – yet they label her strange (and so many feel strange in themselves, so they can relate). So I find validity in the creation of Emily and the artist’s vision as an independent entity. If I was the artist… I’d feel grateful that I inspired another. I wouldn’t feel like I need recompense for that inspiration.
December 16, 2008 at 10:37 am
Good answer! I’m going to link over here Dy so others can read. I am following this like a soap now
December 16, 2008 at 12:48 pm
[...] is as interested in the ongoing saga between Rosamond and Emily as I am [it's an artistic soap!], here is another post with some interesting background and views. The comment board on the original post at [...]
December 16, 2008 at 11:56 pm
Thanks!
Yeah…it’s got me pretty hooked too…