Sign up for our Exeter newsletter and you'll never miss a big story again Keep me updated Thank you for subscribing See our privacy notice Invalid Email

A kids magazine, based in Exeter, has deflected anger from an artist who claims it used his colourful artwork of Pokemon characters.

Tom Higgins, 22, is furious at LCD Publishing after artwork drawn for his DeviantArt page when he was 17 was published as a poster for young readers in 'Pokemon Mania!'

Tom, who has amassed a 11,000-strong following with his Pokemon art on Instagram, drew the artwork of Eevie, and its many different in-game 'evolutions', in 2013.

He told Devon Live: "It got quite popular online and always had my [DeviantArt website] watermark in the middle.

"A fan got in touch with me and said 'oh, do you know about this poster I got in my magazine with your art?'

"I couldn't believe that they would not let me know that they had used it without crediting me at all.

"I sent them plenty of email's and I had no response for two weeks."

Pokemon Mania! one of the 50 to 60 magazines published by the firm based in Sowton every month, and offers its young readers puzzles and facts about the popular Japanese video game characters.

When he finally got through to firm, it completely denied any similarities between the two artworks.

Tom sent them proof that it was his work, circling his own drawing errors - unchanged on the poster - in red.

LCD Publishing now admits the artwork is Tom's.

While he has had his art taken uncredited before and used in YouTube videos, this is the first time he has ever seen it published and sold as part of a magazine.

Based in Lowestoft, Suffolk, he works at Tesco and does not benefit financially from any of his artwork apart from commissioned drawings.

He is seeking legal aid and advice over the matter.

"I wasn’t even going to ask for payment. I was going to ask for exposure, to credit me and possibly use more of my art in the future.

"But they immediately took the defensive route.

"It's hard to say how I initially felt. I think it was 'of for god's sake.'

"It's annoying, it was just a picture I drew for fun when I was younger. Why can't they just give me credit as an artist . They must just be selfish."

Now, the company has blasted Tom Higgins, suggesting, technically, he stole it from official Pokemon merchandise.

Allen Trump, Director of LCD Publishing, said: "There are literally thousands of non-copyrighted images of this type on the internet and publishers generally use them for infill pages or background.

"Because they are available in the public domain without any copyright claim and are unattributable to anyone it is accepted within the industry that they carry no copyright, as in the case of Mr Higgins artwork.

"We are a major UK publisher and have been for 25 years, publishing on average 50 to 60 magazines per month and we have never had a specific claim like this before.

"I have heard of other publishers who have had bogus financial claims for alleged artwork infringement hence my defensive attitude.

"I now accept that Mr Higgins created the disputed layout but this has been copied directly from an official Pokemon poster with the same characters but in different positions.

"Therefore, he has used characters lifted from Pokemon which carry a specific Pokemon copyright not subject to public domain exemption so in effect he does not own the full copyright for his artwork because, as I have said, he has lifted copyrighted Pokemon characters.

"That apart we are happy to give Mr Higgins or/and his website a credit for his artwork composition in the next appropriate magazine later this month."

It's not the first time LCD Publishing has courted controversy.

Police wanted one of its magazines, the £2.50-an-issue CoolKidz!, to be pulled from the shelves in 2011 when it gave away a 'chillingly realistic' handgun toy free to young readers.

The magazine is aimed at Primary School age readers.

The Army Action Gun sparked anger from Hampshire Police, with Sgt Nigel Boshein adding: "I am shocked that this is readily available."

More Pokemon news: Watch (below) man who claims a seagull keeps attacking him while playing Playing Pokemon GO! in Tiverton