COLUMBUS, Ohio (WSYX) — Emily Cook, a local artist known for her work across Ohio, claims that her “Ohio Voted” sticker design has been used by the state of Louisiana without her permission. Cook, who designed the sticker for Ohio voters, noticed a similar design on Louisiana’s website and contacted ABC6 to investigate.
“I took a look at it. It’s exactly the same,” Cook told ABC6 Investigates. “They made their ‘I’ red so it says, ‘I Voted.'”
Cook won a 2019 design contest conducted by the Ohio Secretary of State Frank LaRose. Her winning image states the words “OHIO VOTED” within the shape of Ohio and bordered by red and blue circles.
“I was just shocked. I was shocked. I said flabbergasted, I think,” said Cook regarding Louisiana’s similar design, pattern, and coloring. “Did they ask somebody’s permission? How long has it been circulating? Is it just online?”
ABC6 Investigates reached out to the Louisiana Secretary of State’s office several times for an explanation. No one from the Louisiana Office has responded to say where they obtained the image.
Copyright attorney Eric Estadt, from the Columbus law firm Carlile, Patchen and Murphy, reviewed the designs and said, “I would be very surprised if anyone would think that Louisiana independently created this without using the Ohio sticker as inspirations.”
Estadt said once Cook drew the design, she owned the copyright. He said the state of Ohio could not take ownership of the image to turn it public for anyone’s use unless Cook agreed.
The Ohio Secretary of State’s office provided the 2019 contest rules, which do not address copyright or a copyright transfer specifically. Under the disclaimer, the rules state:
“All entries become the property of the Secretary of State’s office for all purposes and will not be returned or acknowledged. The Secretary of State’s office is not responsible or liable for lost, interrupted or unavailable network server or other connection, miscommunications, failed phone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic. Incorrect, incomplete, mutilated, multiple, late, and any other types of defective entries will be automatically disqualified., which state that all entries become their property.”
Estadt says the term “entry” could be interpreted as a tangible item, and intellectual property is not made clear.
“The rules are really kind of ambiguous,” he said.
The Ohio Secretary of State’s office said Cook signed no other agreement regarding the 2019 contest and sent ABC6 Investigates this statement regarding Cook’s concerns.
“Imitation is the sincerest form of flattery. Ohio sets the national standard for election integrity, and apparently for ‘I Voted’ sticker designs too.”
Without a clear record of a copyright transfer, Estadt said Cook may still own the image. That means it would not be part of the public domain for other states to copy and use.
“If they’re not going to credit her, she is missing out,” said Estadt. “Now, it’s starting to become a nationwide image.”
In Ohio, the 2019 contest rules also state that the winning image would be used from 2019 through 2022. If Cook does still own the image, ABC6 Investigates asked if the Ohio Secretary of State is infringing on her copyright and if the state would discuss compensation for the use of the design past 2022.
In a statement sent Monday, an office spokesperson wrote:
“Our office’s mission is to create a thriving democracy and prospering economy in Ohio, and we work hard to educate and engage young people on the importance of voting. That’s why, in 2019 Secretary LaRose organized a contest to have students help design a new voting sticker. It was a huge success with over 2,000 participants and over 15,000 votes cast in the contest.
The rules of that contest clearly state that all entries become property of the Office of the Ohio Secretary of State and therefore, there would be no copyright issues.”
Cook told ABC6 Investigates that she’s officially registering copyright of the image this week.
