News:Comic artist accuses David & Goliath owner of plagiarism
April 27, 2007
The original cartoon from Purple Pussy by Shmorky
Comic artist Dave "Shmorky" Kelly has accused artist Todd Goldman - owner of popular merchandising company David & Goliath - of plagiarism. Kelly says Goldman's piece "Dear God Make Everyone Die" (featured in the Gold Digger exhibit at Jack Gallery) was traced from a of Kelly's comic, Purple Pussy.
In response, Goldman stated:
|I made a judgment error and did not research the background of this particular submission. My intention was not to copy Mr. Kelly.|
Goldman also stated his intention to issue a formal apology, which Kelly has received, and to donate the proceeds of the sale of the piece to Kelly or a charity of his choice.
Since Kelly's initial accusation, other web cartoonists have joined in criticizing Goldman, including R. K. Milholland of Something Positive, Scott Kurtz of PvP, J. Grant and Mel Hynes of Two Lumps, Jerry Holkins of Penny Arcade, and Erin Lindsey of Venus Envy. Roman Dirge noted similarities between his character Lenore, the Cute Little Dead Girl, and those drawn by Goldman. Other writers joined in, accusing Goldman of plagiarizing a number of sources.  Penny Arcade, PvP, Starslip Crisis, and several others all published strips explicitly referencing plagiarism or Dave Kelly's image, while Fetus-X artist Eric Millikin suggested the possibility of fair use of the image by Goldman.
Goldman claimed that some of the other accusations are incorrect and reference his own art, stating that in 2006 he sent over 50 cease-and-desist letters to other artists for plagiarizing his work.
This is the second lawsuit of its type surrounding Todd Goldman's company, David & Goliath, Inc. The clothing company was involved in a trademark infringement lawsuit filed by Just Born. The case was filed on October 30, 2006, and deals with Section 43 of the Lanham Act.
- Holy cow, Todd (Goliath) Goldman ripped me off! - Dave "Shmorky" Kelly, Something Awful forums (April 6, 2007)
- Fur flies over squirrel - Las Vegas Sun (12 April, 2007)
- Todd Goldman is a hack, throw rocks at him. - R. K. Milholland, Something Positive (April 7, 2007)
- Webcomics Controversy - Scott Kurtz, PvP (April 9, 2007)
- Two Lumps - J. Grant and Mel Hynes (11 April, 2007)
- Lake Franzibald Jerry Holkins, Penny Arcade (April 11, 2007)
- Venus Envy - Erin Lindsey (10 April, 2007)
- Kind of a Big Dealio - Roman Dirge (9 April, 2007)
- Lying In The Gutters - Rich Johnston (9 April, 2007)
- Swipe File: Thievery in the Comic Art Community - The Xenos (April 9, 2007)
- Todd Goldman: Art Thief? - Mike Tyndall
- Context is everything - Eric Millikin (11 April, 2007)
- JUST BORN, INC. v. DAVID & GOLIATH, INC., filed October 30, 2006