The curious case of Khong Guan biscuit tin
Illustration of a mother and two children on Khong Guan biscuit tin recently caused an uproar again on social media. Previously, the controversy came from people wondering where the father is. As expected from the netizens, the question spun countless hypotheses, jokes and memes regarding the father.
We finally have the answer to the million-dollar question when an article on Ladybird Fly Away Home published in September 2020 deciphered the answer. The illustration is actually based on a popular series of children storybook published in 1959 by Ladybird Books. The storybook is illustrated by English illustrator John Henry “Harry” Wingfield. The late artist has sold more than 80 million copies of books worldwide.
The only differences between both illustrations are the assortment of snacks served on the plates. There are biscuits on Khong Guan tin while the plates on Wingfield’s storybook show cake and sandwiches. The children on Khong Guan tin were having biscuits, while in Ladybird, they were having sandwiches.
The next page after the aforementioned illustration solves the mystery. Apparently, there are time stamps for each illustration in the storybook. The mother and children were having tea at 4 PM. The children ran outside to greet their father who just came back from work at 6 PM.
Khong Guan in 1971 commissioned Bernardus Prasodjoto draw the illustration on the biscuit tin. The illustrator in 2017 told ANTARA he never met any representatives from Khong Guan. He received the project from a middleman. He was told to copy the illustration from a storybook with few alterations.
This leads us to the next question: How does copyright work in this case?
Copyright automatically protects an artwork once it is created and its protection is valid for a lifetime. After the original author’s death, their artwork will be protected for 50 to 70 years. Even though both artworks were created in different countries, Indonesia and England are members of the Berne Convention.
Copyright regulation in England protects an artwork for 70 years after the original artist’s death. Wingfield passed away in 2002. Quoted from DACS, a non-profit organisation for visual artist’s right management, copyright infringement happens when a person uses an entire or substantial element of another person’s artwork without permission. In order to determine copyright infringement case, one must examine the correlation between both artworks, such as if access to work exists.
In addition, copyright infringement in the UK is determined on a case-by-case basis. Therefore, the plaintiff has to gather as many evidence as possible and prove that there is infringement involved in the case.
In this case, if Ladybird Books suspects Khong Guan has infringed its intellectual property of its artwork, Ladybird Books has to prove the infringement happens.