INFORMATIONDESIGN: Black History Timeline Poster The Guardian edition - A case of copyright infringement and graphic design plagiarism

Black History Timeline Poster The Guardian edition
- A case of copyright infringement and graphic design plagiarism.

On November 29 I was reading The Guardian "Comment is Free' articles, and I came cross Gaverne Bennett's article titled The timeline of a timeline
Gaverne Bennett writes:

"So I spent many more hours in the British Library researching; liaising with academics to discuss the poster's content (I'd particularly like to mention Marika Sherwood, Cecily Jones, Anna Hartnell, Dick Ellis, Paul Gilroy, Stephen Tuck and Richard Reid, whose expertise and dedication to the project was invaluable); working with the designer, Jon Wedderburn; and tracking down veterans from the voyage of the Empire Windrush."

http://www.guardian.co.uk/commentisfree/2008/oct/11/blackhistorymonth-race1
Gaverne Bennett forgets to mention the fact that original graphic design credit belongs to me not to Jon Wedderburn as he mentions in his Guardian 'Comment is Free' artical.

Comparing the posters printed by The Guardian and the ones I designed before, (I attached the screenshots below) It appears Gaverne Bennett passed my poster design to another designer without my permission an made changes to my original design unauthorised by me, worst that changed the name of the designer to another person.

Graphic design of the Black History Timeline intellectual property (IP) belongs to myself not to Gaverne Bennett, Jon Wedderburn or anyone else.

It is deeply disappointing The Guardian, most respectable newspaper in UK printed my design without a permission and clearance.

Using a designer's work without giving the credit -also the intellectual rights arises from it- is a copyright infringement, violation of creative labour of a designer who in process of putting an idea into visually meaningful form that turns an idea, a written content to a design that visually 'work' and 'sell', publishing a designer's work without her/his permission and changing the name of the designer is abuse and misuse of a designers work and it constitutes an intellectual property crime.

Legal Information on copyright, intellectual property (IP) ;
In The UK an original design protected and defined by Copyright, Designs and Patents Act 1988
www.opsi.gov.uk/acts/acts1988
www.ipo.gov.uk/whatis/whatis-design.htm
http://www.ipo.gov.uk/whatis/whatis-copy.htm
http://www.ipo.gov.uk/copy/c-applies/c-original.htm
http://www.own-it.org/ipinfo

(detailed relevant articles from The Law also at the bottom of this post)

To put the my case forward to all involved parties and to the public and present the graphics below;

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My graphic design for Black History Timeline in 24 January 2008

This poster designed by me also The same poster that Joseph Harker -The Guardian comments editor saw one year ago in 2007 as he mentions on his article on 15th October 2008
" When Gaverne Bennett first got in touch with me about a year ago, asking for help in promoting a history poster he had devised, I immediately thought it would be a fantastic thing for the Guardian to be involved with. I believed he had come up with a concept, and a design – using timelines and profiles of historic figures – that would help to address the ongoing issue of the lack of awareness of African people's history, among black and white people alike."

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... and The Guardian poster the design -copyright violeted and plaigerised
Guardian Black History Timeline 1 published in October 2008

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Chapter I
4
Artistic works

(1)In this Part “artistic work” means—

(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality,

(b) a work of architecture being a building or a model for a building, or

(c) a work of artistic craftsmanship.

(1) Copyright is a property right which subsists in accordance with this Part in the following
descriptions of work--
...
(c) the typographical arrangement of published editions.

(1) In this Part, 'published edition', in the context of copyright in the typographical
arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.

9
(1) In this Part, 'author', in relation to a work, means the person who creates it.

(2) That person shall be taken to be—

(d) in the case of the typographical arrangement of a published edition, the publisher.

15
Copyright in the typographical arrangement of a published edition expires at the end of the
period of 25 years from the end of the calendar year in which the edition was first published.

16
(2) Copyright in a work is infringed by a person who without the licence of the copyright owner
does, or authorises another to do, any of the acts restricted by the copyright.

(3) References in this Part to the doing of an act restricted by the copyright in a work are to
the doing of it--

(a) in relation to the work as a whole or any substantial part of it, and

(b) either directly or indirectly.

17
(1) The copying of the work is an act restricted by the copyright in every description of
copyright work; and references in this Part to copying and copies shall be construed as follows…

(5) Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement."

Chapter II

Rights of Copyright Owner
The acts restricted by copyright
16
The acts restricted by copyright in a work

(1)
The owner of the copyright in a work has, in accordance with the following provisions of this Chapter, the exclusive right to do the following acts in the United Kingdom—

(a)to copy the work (see section 17);
(b)to issue copies of the work to the public (see section 18);
(c)to perform, show or play the work in public (see section 19);
(d)to broadcast the work or include it in a cable programme service (see section 20);
(e)to make an adaptation of the work or do any of the above in relation to an adaptation (see section 21);and those acts are referred to in this Part as the “acts restricted by the copyright”.

(2)
Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright.

(3)
References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—

(a)in relation to the work as a whole or any substantial part of it, and
(b)either directly or indirectly;and it is immaterial whether any intervening acts themselves infringe copyright.

(4)
This Chapter has effect subject to—
(a)the provisions of Chapter III (acts permitted in relation to copyright works), and
(b)the provisions of Chapter VII (provisions with respect to copyright licensing).

17
Infringement of copyright by copying

(1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.

(2)Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form.This includes storing the work in any medium by electronic means.

(3)In relation to an artistic work copying includes the making of a copy in three dimensions of a two-dimensional work and the making of a copy in two dimensions of a three-dimensional work.

(4)Copying in relation to a film, television broadcast or cable programme includes making a photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable programme.

(5)Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

(6)Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.

18
Infringement by issue of copies to the public

(1)The issue to the public of copies of the work is an act restricted by the copyright in every description of copyright work.

(2)References in this Part to the issue to the public of copies of a work are to the act of putting into circulation copies not previously put into circulation, in the United Kingdom or elsewhere, and not to—

(a)any subsequent distribution, sale, hiring or loan of those copies, or
(b)any subsequent importation of those copies into the United Kingdom;

INFORMATIONDESIGN

Black History Timeline Poster The Guardian edition - A case of copyright infringement and graphic design plagiarism

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The Law | U.K Copyright, Designs and Patents Act 1988

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