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Tom Edwards, a Colorado potter, was delighted when Elon Musk tweeted a photo of one of his original mugs featuring his cartoon drawing of a unicorn farting the electricity. The CEO of Tesla has described it as "maybe my favorite darling" in an article published in February 2017, which has led to an increase in sales around the world.
Edwards was surprised however, when, a month later, Musk tweeted a copy from his cartoon image to promote Tesla's new "sketch" feature, which allows drivers to draw on a touch screen. Several press articles incorrectly reported that Musk was the one who created and drew the cartoon.
Elon Musk
(@Elon Musk)Done today on Tesla's sketchbook pic.twitter.com/Z8dFP2NN41
The 61-year-old artist was going to let him go until he learned that the picture was also appearing in Tesla's operating system as a small icon – and that the Company even used it in a Christmas card.
"It's part of their brand now," said Edwards in an interview. "I love the fact that it's in cars, but I just want them to do what's right and that they pay me adequately for it." Elon Musk can be a hero to defend the rights of artists. "
Musk, however, does not seem interested in offsetting or crediting the artist. Instead, he tweeted to Edwards' girl this week that it would be "lame" to sue and that the potter should be grateful for "the attention".
The dispute may seem unimportant compared to the litany of scandals that plague the electric car company – workplace safety complaints, major layoffs; high-level "autopilot" car accidents, an exodus of executives, a lawsuit against a whistleblower, and intense pressure to achieve mbad production of a new model.
But the use of Edwards' work without compensation highlights what the artists say is the kind of corporate theft and copyright infringement that has become rampant – forcing artists freelancers to engage in costly legal battles to be credited and paid.
Presented with details of Edwards' claims, Tesla spokesmen declined to comment.
Elon Musk tweets praise for the original image in 2017. Photograph: Charles Sykes / Invision / AP
Edwards, who has been a potter for 40 years, unveiled his first unicorn pet mug in 2010 in a blogpost. "Electric cars are good for the environment because electricity comes from magic," he writes.
He said that he was making a joke about how people do not understand the source of the electricity of a car and used the signature style of his Wallyware brand of light caricatures on cups. Edwards also said that he considered himself a "fan" of Musk.
But Tesla's repeated use of the copy of the image and the resulting faulty news coverage began to annoy him. Then, in December, a friend friend of Tesla sent him an email to note that the cars were promoting a holiday message that included his art.
"When I lit my car this morning, Elon wished me a merry Christmas using a counterfeit Wally design," wrote the friend.
Tom Edwards, the artist behind the cup, says that he is a fan of Elon Musk, but wants to be fairly recognized. Photo courtesy of Tom Edwards
Edwards then spoke to many lawyers who told him that it was a very clear case of copyright infringement, especially since Musk had initially tweeted an image of the mug, recognizing that it was someone else 's job.
"It's the copyright 101," he said. "They made a blatant copy … and they used it as a promo campaign."
So, on May 23, Edwards' attorney, Tim Atkinson, sent a letter to the Tesla General Counsel, along with the subject line: The Power of Magic. The note says that it was "not a ceasefire", but an "invitation for all parties to continue to benefit from the whimsical and surprisingly accurate image of my client created in 2010, which now finds an appropriate place in the system operation of the magic vehicles that your company produces ".
The letter says that the picture was born of Edwards' "admiration" for sustainable technologies and the work of "visionaries like Mr. Musk," adding that the letter should not be a " shakedown "or a" scandalous monetary demand ". a "discussion" and a "mutual decision".
Atkinson and Edwards stated that they received no response from Tesla. Musk briefly touched on the issue after Edwards told his story to the local Westword newspaper, and his daughter, a musician, tweeted in Musk.
Lisa Prank
(@lisaprank)Hey, all of Grimes' boyfriend snatched my dad's art! It's a true story! what do you have to say for yourself @Elon Musk ?? https://t.co/TMMJAS1ZGM
The CEO claimed that he was not responsible, saying that the picture had been "randomly chosen by the software team as a joke (they did not tell me not said in advance), and he proposed to change it for something else. When she urged Musk to use her father's "creative property" for a year, the CEO doubled, claiming that it was "in fact someone's drawing." And that he had asked his team to use something else.
"He can ask for money if he wants it, but it's a little lame.If anything, this attention has increased his cup sales," said Musk, adding that Tesla " has not removed any financial benefit "from the image.
In an interview, Atkinson rejected Musk's claim, noting that the use of the image, from the tweet promoting the sketchbook, has brought a "branding and marketing advantage" to You're here. "All this is valuable for the company." He added that he was still hoping for an amicable resolution.
Wednesday afternoon, the unicorn still appeared on Tesla's touch screen.
After the publication of this article, Musk tweeted another message to Edwards' daughter, claiming that he "popularized" the cup "for free", adding, "How much money does your father want for this terrible transgression?"
Edwards said that he wanted to talk in part because he often hears similar stories from artists. "I realize that my foolish unicorn is not as serious as whistleblowers," he said, "but honestly, everything is a question of integrity."
He added: "I would really like to be on the safe side of Elon Musk … It is really very interesting, but it is not above the copyright."
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