COPYRIGHT: Bundaberg indigenous artist Cher'nee Sutton is outraged after giant global IT company Samsung used her artwork without her permission.
COPYRIGHT: Bundaberg indigenous artist Cher'nee Sutton is outraged after giant global IT company Samsung used her artwork without her permission. Contributed

UPDATE: Samsung says it regrets copyright breach

UPDATE: INTERNATIONAL technology company Samsung has issued a statement saying it regrets a third party used Bundaberg artist Chern'ee Sutton's artwork for Samsung mobile phone wall paper without her permission.

A spokeswoman said Samsung themes allowed developers and content creators to upload their content for others to use on their smartphones.

"The content raised with us by Chern'ee Sutton was uploaded by a Seller called 'Aussie Nature Scenes'," she said.

"Samsung takes the protection of intellectual property rights very seriously.

The terms and conditions of Samsung Themes, which all sellers are required to adhere to, requires entities to ensure that they hold the intellectual property rights for the content that they post on Samsung Themes.

"We regret that a third party uploaded Ms. Sutton's content without her permission and as soon this was brought to Samsung's attention, we removed the content from the site."

 

EARLIER: BUNDABERG indigenous artist Chern'ee Sutton is outraged after a giant global IT company used her artwork without permission.

On Saturday Sutton discovered an "umbrella company" under Samsung was offering its customers a free wallpaper of one of her earlier paintings.

An umbrella company is a separate company that acts as an employer for contractors.

The brightly coloured contemporary goanna painting was advertised on the Performance Digital Design Facebook page as a free download.

The link, labelled Beautiful Aboriginal Art, Aluru, directed customers to a direct download of the artwork on the Samsung website to be used on its mobile phones.

COPYRIGHT: Bundaberg indigenous artist Cher'nee Sutton is outraged after giant global IT company Samsung used her artwork without her permission.
WITHOUT PERMISSION: Chern'ee Sutton's artwork being used by an umbrella company under Samsung Contributed

It was one of many free wallpapers advertised as a free download, but Sutton believes only one of her artworks was listed on the page.

The NewsMail contacted Samsung for comment but no response was given.

Sutton started painting when she was 13 and last year designed the indigenous markings and the indigenous story for the 2018 Gold Coast Commonwealth Games Mascot Borobi.

Sutton said all of her artwork holds a copyright and holds the copyright in all of her works and says they cannot be used without her permission.

"I'm very upset to see they are bastardising my artwork," Sutton told the NewsMail.

"It's a huge insult to me and other artists.

"It's not okay to take any artist's, aboriginal or not, artwork it breaches copyright."

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The 22-year-old artist said copyright of her artwork meant it was not allowed to be used without her permission until 70 years after her death.

Sutton was alerted to the breach after another artist saw it and shared it with her. In shock Sutton reported Samsung, which advised it would look in to the situation and yesterday it had taken down the Facebook page.

"It's a breach of copyright and not okay for any company no matter how big to take advantage," Sutton said.

COPYRIGHT: Bundaberg indigenous artist Cher'nee Sutton is outraged after giant global IT company Samsung used her artwork without her permission.
COPYRIGHT: Bundaberg indigenous artist Cher'nee Sutton is outraged after giant global IT company Samsung used her artwork without her permission. Contributed