Tony Stone Images Pursues $400,000 Copyright Lawsuit

Tony Stone Images is set to establish a global precedent for photographers' rights in cases of image manipulation. The photographic stock library is suing Canadian software manufacturer Corel and Ontario-based designer Stephen Arscott for over $400,000 in its first major copyright infringement lawsuit. Tony Stone Images' North American headquarters in Chicago is launching the action.

Earlier this year, Arscott entered the 1994 Corel Draw World Design Contest. The competition, for graphic designers, attracted 6,700 entires from 45 countries. Arscott won with his computer-generated design The Real West and received over $100,000 in cash and prizes. The focal point of Arscott's drawing is alleged by Tony Stone to be a direct copy of Potawatamie Indian, a Nick Vedros photograph licensed to Tony Stone Images.


The original Nick Vedros photograph


The Stephen Arscott poster which won Corel's top prize

Although Tony Stone Images has informed Corel of the breach, Corel has not disqualified Arscott. While it has agreed not to use the drawing in future, Corel has not notified publications that have already received copies of the drawing of the copyright infringement. Because of this, articles are still appearing further breaching the copyright of the original photograph.

Arscott does not deny copying the photograph but claims he was unaware that he breached copyright laws. He claims his imitation of the image was legal as it was transferred from one medium to another (ie from a photograph to a drawing).

Simon Thornley, Group Managing Director of Tony Stone Images, said: "We are stunned at Corel�s attitude to this copyright breach. By taking no action, Corel is supporting the violation of photographers' rights and setting an irresponsible example for graphic designers around the world. Designers must realise that copyright protection is across the board, regardless of medium."

Tony Stone Images is seeking damages against Arscott in excess of $400,000 plus costs. Against Corel, Tony Stone Images is seeking an injunction prohibiting the company from using Arscott's design for any purpose and instructing Corel to notify those who are unaware of the copyright infringement to prevent future use.

The hearing is due to take place early in 1995 in Toronto.

For further information please contact:
Simon Thornley, Group Managing Director, Tony Stone Images on 071 267 8988 or Kathryn Porter at Propeller Marketing Communications on 071 636 6300.