Interesting observation you make about the trademarked ‘Inktober’ and how this gives Jake Parker a stronger case. The date of the trademark puzzled me. Why would you trademark a hashtag ten years after starting it? It might not have been a coïncidence though, knowing now that he has been writing (or copying) this book. Could he have known that he’d build a stronger case himself?
About the issue of plagiar itself: I know that in my country things like “style” and “original input of the creator” play a bigger role than if you happen to have a trademark that happens to be at the book itself. When this case is about style and original input, I think Alphonse Dunn does have a case. Here is a rule that the original work that inspired you, can be taken into a new creation for maximum 10%. Considering the choises Dunn makes and the style of drawing he teaches (i.e. his own style) give strong arguments for plagiat by Parker. Not only he makes simular choises in a simular way of building the book, as it seems from the video Dunn made, also he teaches drawing in Dunn’s style, which is very different from his own style.
If I compare this with Walter Foster for instance, he teaches the same techniques, but in a different way and in a different style. (Which I guess is typically Walter Foster’s style.)
Would such arguments make sence in the USA as well?
Interesting observation you make about the trademarked ‘Inktober’ and how this gives Jake Parker a stronger case. The date of the trademark puzzled me. Why would you trademark a hashtag ten years after starting it? It might not have been a coïncidence though, knowing now that he has been writing (or copying) this book. Could he have known that he’d build a stronger case himself?
About the issue of plagiar itself: I know that in my country things like “style” and “original input of the creator” play a bigger role than if you happen to have a trademark that happens to be at the book itself. When this case is about style and original input, I think Alphonse Dunn does have a case. Here is a rule that the original work that inspired you, can be taken into a new creation for maximum 10%. Considering the choises Dunn makes and the style of drawing he teaches (i.e. his own style) give strong arguments for plagiat by Parker. Not only he makes simular choises in a simular way of building the book, as it seems from the video Dunn made, also he teaches drawing in Dunn’s style, which is very different from his own style.
If I compare this with Walter Foster for instance, he teaches the same techniques, but in a different way and in a different style. (Which I guess is typically Walter Foster’s style.)
Would such arguments make sence in the USA as well?