Tuesday, 5 November 2013

Innocent until proven otherwise!!!

ImaginEars Animation Studio and it's Directors have been the subject of an unprecedented online attack by one artist of the CG Industry in the USA. An artist who is in fact a former employee of ImaginEars who had to be let go due to his abusive comments.

This artist has spread fear and panic among his fellow industry members relying on scare tactics to whip up a storm of protest against ImaginEars Animation Studio.

This attack originated as a misunderstanding on the artist's part of the copyright of certain material that ImaginEars Animation Studio were using as a part of a kickstarter campaign. In his haste to spread rumours about ImaginEars, he has in fact infringed on our Registered Copyright by posting a colour drawing of one of our characters without our authorization.

The truth of the matter is:

This artist filed a DMCA against ImaginEars on vimeo claiming he owned copyright of their videos.

ImaginEars Animation Studio have since provided time-stamped Certificates of Copyright covered by the Convention of Berne which in turn gives them Copyright in the United States of America and many other countries besides. In order to defend himself in a Court of Law, this artist must be able to provide time-stamped Registration documents to validate his claim.

This individual artist who has launched the attack is yet to provide such conclusive evidence on his part.

Legally he hasn't a leg to stand on!

The artist has taken to slandering ImaginEars by posting confidential emails omitting vital evidence to suit his own argument, which proves he was working for ImaginEars. And this is in spite of recognising that he was indeed working for ImaginEars in a consultative role.

During his time at ImaginEars he was sold a brand new piece of Hardware, so that he would be able to fulfil the role that he had been originally brought in to do, create lighting tutorials.

The Directors at ImaginEars bent over backwards advising him on how to set up the new hardware and get it running, due to his lack of technical knowledge.
ImaginEars has email evidence that prove this artist managed to get the hardware up and running and was able to use it for the time he was employed, despite his outrageous claims that the hardware didn't work at all.

ImaginEars were aware that in order to fulfil his tasks, the artist required specific software, So the Director's using their own money purchased a full license for the artist, to use for the duration of his employment.

No employer would ever hand over full ownership of any software to any employee without financial compensation.
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ImaginEars therefore retained ownership of the license, and allowed the artist the use of the license key.

Unfortunately this artist didn't like the software that we had chosen. He claimed to have heard bad reviews about it and even went to the length of telling us that he didn't want to use it and the vendor had ruined the software by updating it.

You can imagine our response! 

The attack is personal he's not happy that we let him go, and he's hell bent on revenge.

ImaginEars Animation Studio is a Scottish based Company and is registered in Companies House. We adhere to Scots and UK Law. Even though there was no signed contract between ImaginEars and the artist in question, a contract under Scots Law is an agreement between two parties, no signatures required.

At ImaginEars, we believe in the pursuit of Justice!

Will there be any Justice for those of us affected by this attack?!


9 comments:

  1. I don't know you very well, nor do I really want to. But I do have a few comments regarding this post:

    1. Do you think anyone who has had any experience working in the US would be ignorant enough to work for a company without signing any contracts? The only time I haven't signed ANY forms at all to work for someone was when I helped my brother work his lemonade stand. I was also 5 years old. Your argument that no contract is needed under Scots Law is not a justification by any means, but just another way of saying that you have no concrete proof that this artist worked for you.

    2. No, I cannot "imagine your response". Please clarify. And putting that phrase in italics doesn't exactly help your case; it only makes you seem like a drama queen.

    3. Do you have any other proof other than these e-mails that you keep speaking of? Because even my grandparents can fudge e-mails if they really wanted to.

    4. I'm not entirely sure how legitimate your company is. Upon googling the name, the first result that popped up was a company that provides hearing aids and assistance to those who have hearing loss. Please confirm that you are in fact, a successful company and this whole article that I wasted 5 minutes reading was not bullshit.

    Thank you.

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  2. Do you honestly expect anyone to take the side of a company that steals from one of its mentors, let alone a company with the name "ImaginEars"?

    You two are thieves. Simple as that.

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  3. I must say, you use a lot of flowery language, but not very well. You thread your post with much emotion, especially fear. Shall we dissect?

    First off, your comment that he was an "employee" infers that you paid him and that he was under legal contract as your employee. Then you call him a consultant. These are actually two very different legal statuses and if you do not have a contract defining him either way, then he is neither and therefore in no way beholden to you as his employer.

    Secondly, I have seen some images posted on your LinkedIn Account claiming copyright. I would love to know what office issued these and if they honestly have any record of doing so. Also, unless there was a contract explicitly signed by Franceso giving all copyright of his art over to you, it doesn't matter what lies you told to a legal copyright office, he still owns it. Simply "claiming it first" on a piece of paper does not entitle you to his or any other artists' work.

    Thirdly, if you are so worried that he has posted only the e-mails that would support his case, then you surely must be in possession of those same emails and all responses not given. Since you're not above posting victim-laced mud slingers at Francesco, then please feel free to post your side of things. Surely the truth will set you free and prove you're correct.

    Lastly, you should keep consistent tense in your grammar if you want to be taken seriously. I find it hard to believe I'm reading a well written statement when I am constantly editing it in my head. Oh, and one more word of advice, your title "Innocent until proven otherwise" presents the very idea that there is the possibility of you actually being proven "otherwise." If you are so innocent as you claim then it would behoove you to present yourselves that way in the first place.

    And I won't even charge you for all the free advice! You're welcome.

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  4. Something leads me to believe you are full of shit.

    http://giro3d.blogspot.com/2013/10/scam-adam-and-antony-murphys-imaginears.html

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  5. The artist you're defaming here in this blog is a successful commercial artist in the United States. From what I can tell, you're freshmen to the industry, straight out of college. Your inexperience shows through in this blog post.

    In this rant, you clearly say there were no contracts signed. No professional American artist is going to work for an animation company, especially not a brand new foreign one, without signing a contract. There's also no way an animation professional of his caliber is going to "misunderstand" copyright issues in regard to you using his work.

    You say (with grammatical errors) that the artist's attack against you is personal and that he's hell bent on revenge. There are several personal attacks against him in this post, which seems hypocritical to me. Also, claiming that the attacks against you are personal implies that they're more than business related, which underscores the idea that he wasn't actually employed by you as you claim.

    If anyone needs more proof that you're a bunch of sham artists, all they have to do is Google your official website. Oh wait. The first page of Google results doesn't include it. You get a hidden profile on CG Hub, a Twitter account... you know, really professional looking stuff. And just look at your name! ImaginEars? You couldn't come up with anything better than a Disney ripoff? That's all you'll ever be is ripoffs. Your website design is stolen from Pixar. Your name is stolen from Disney. Your character designs are stolen from other artists. The only reason this attack is unprecedented is because nobody's bothered to call you on any of it until now because your "studio" hasn't done anything of merit. Now you're trying to get funding with work that was produced by someone who was not under contract with ImaginEars. You're definitely not starting out on the right foot if your first and only blog post is defending yourself against copyright infringement.

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  6. Hey ImaginEars, enjoy being blacklisted from the animation industry forever after all this settles. Word spreads fast. Bye!

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  7. I hope you people realize the only reason why anyone cares about what is going on here is because you are stealing work from a well known, talented artist that has contributed to the industry in many positive aspects, otherwise, trust, no one would waste an second of their time even reading what you have to say.

    The animation industry is small. Even smaller in Europe. Adam and Antony, you hide behind a fake studio, that makes fake claims, and showcases fake talent.

    Your site falsely states that you have helped create Shrek, Kung Fu Panda & Madagascar. Even if one of your "employees" worked on such films, you, as a studio, did not. You, as Adam and Antony, did not. And you, are liars and fakes.

    Your studio reel, which is still available on youtube, showcases work that was taken from Digital Tutors tutorials, without even bothering to change the camera angle.

    Realize that you are only further digging a hole, and please consider going back to school for a different profession as you will most likely never find work in animation ever again.

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  8. I'm not even an animator...and I know you guys stole the term ImaginEars...from Disney. That in itself is very sad, and goes to show how lazy and talentless the both of you are. If he doesn't have a leg to stand on, why do you need to attack him and try to drum up support from people? I hope everyone sees you guys for the frauds you are, and am sure you'll get your comeuppance.

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  9. As your former mentor, I am very sorry to have failed at teaching you the value of humility, hard work and honesty.

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