Referencing vs. Plagiarism Where is the line drawn?

In the Zara photos the copying transcends just clothing even the models poses were similar, the muted/ blank background (except they used some red orange color) and the model's pompadour.

They don't even try a little. I's blatant plagiarism. But that's the business of Zara, copying high end designers and selling you cheaper versions. I find it interesting how we criticize plagiarism so bad yet praise Zara. It's convenient, it's cheaper and the clothes are pretty.


Artistically it's nearly impossible for ideas to overlap and sometimes referencing happens without the designer or creator realizing it.

Well, that's why designers should do their research, how come they can't remember where their ideas came from? how come they just take whatever their assistants gave them and just called it a day without double checking? Google is a powerful tool. If we can find evidence of plagiarism, so could they, if they wanted to.
 
Well, that's why designers should do their research, how come they can't remember where their ideas came from? how come they just take whatever their assistants gave them and just called it a day without double checking? Google is a powerful tool. If we can find evidence of plagiarism, so could they, if they wanted to.

I agree. I wouldn't really say that plagiarism is accepted, it's more tolerated in fashion than other forms of art since there's less backlash. Sometimes I think designers don't care because they won't get into trouble for it.
 
Thanks for your feedback purplethistle, enjoyed hearing your thoughts.

This referencing issue has really started irritating me lately. I feel like we are being bombarded with work which all claim the same influences. Few examples, how many "And God Created Woman", "The Virgin Suicides", and "Taxi Driver" references have we seen in the last few years. I remember being so excited when this Meisel editorial came out and it was a homage to "Suna No Onna", finally something unique that nobody's ever done before. ....

I posted this in April 2011, and whadda ya know, here we go with another "And God Created Woman" editorial, because God knows it's summertime in the Northern Hemisphere and what else could fashion insiders possibly use for inspiration other than THIS ONE FILM:

http://forums.thefashionspot.com/showpost.php?p=9292913&postcount=73

Sigh.
 
^ Every time I see a "God Created Woman" theme editorial I feel like they may as well be doing a studio shot since its so repetitive. At least it would have been better on their budget.
 
^ shootmeb I copied your post over to this thread as well, because I would love discuss, once clearer pictures from Mert & Marcus's editorial in this month's LOVE become available. Thanks for pointing it out, I would not have made the correlation my self, but it is definitely disturbingly similar.
 
Target to Pay $389,000 in EKB Textiles Copyright Case

August 05, 2011 Target Corp. has been ordered to pay more than $389,000 and attorney’s fees to Los Angeles–based EKB Textiles Inc. following a recent copyright-infringement trial in U.S. District Court in Los Angeles.
A jury handed down its verdict on July 27, said Stephen M. Doniger, who represented EKB Textiles, also known as Caribbean Blues Inc. Doniger claims the verdict was one of the top four largest copyright verdicts issued by the federal Central District of California in the past two years. His Culver City, Calif.–based firm, Doniger/Burroughs APC, also won a judgment of more than $500,000 for United Fabrics International against retailer Lane Bryant last year.
"When you realize that it will go to a jury, you need to respect copyright—or it will cost you," Doniger said.
Target’s co-defendants were Kandy Kiss of California, NC Apparel Inc., LF USA Inc. and Samsung C&T America Inc. A LF USA representative said the company has no comment on the case. Rollin A. Ransom of the Los Angeles office of Sidley Austin LLP represented Target in the early part of the case, which was filed last year. In court documents, Ransom argued that Target had not infringed on the rights of EKB and there was no substantial similarity between the fabric represented by EKB and the print that was sold at Target.
The trial focused on EKB print #4644, a floral/paisley print with a geometric border pattern.
EKB had sold the design to various manufacturers, who then used the print to make various womenswear styles. In 2010, an EKB employee found the print being sold at a Southern California Target store for a beach coverup dress, called the "Beachy Keen," which was sold under Target’s private-label brand Xhilartion. The colors, layout and the composition of the design remained the same, but a few details were changed. Specifically, some of the flowers in the EKB design were changed to diamond shapes, according to Doniger.
EKB’s suit was filed last year, and a cease-and-desist letter was sent to Target in March 2010. The retailer replied, saying it would look into the matter, according to Doniger, who said Target sold out of items using the EKB print by July.
The number of copyright-infringement cases has been increasing for the past decade, according to Crystal A. Zarpas of law firm Mann & Zarpas LLP. In such cases, juries and judges must determine if defendants have access to the original work and whether the original work and the alleged copy are substantially similar.
Changing a few details of the original design is not a guarantee against a copyright-infringement claim. "There is no 30 percent rule, as many in the industry falsely believe," Zarpas said.
Copyright-infringement cases have increased because of the ease of registering a copyright, said Frank J. Colucci of New York–based intellectual-property-rights firm Colucci & Umans.
"We do not believe that there is any discernible pattern in jury verdicts," Colucci said. However, big retailers can find themselves at a disadvantage because of their large volume of vendors. "Target sells numerous products that they obtain from vendors and other parties whose policies with respect to copyrighted works may not be as stringent as theirs," Colucci said. —Andrew Asch (apparelnews.com)
 

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this story is so sad. :cry:


Earlier this week, Nicki Minaj made headlines when she sat next to a soberly-dressed Anna Wintour, wearing a rainbow, shoulder-pad-dress-concoction completely covered in neon pom-poms, at Carolina Herrera’s Spring 2012 runway show. Everyone had a good laugh, and prasied Minaj for her gusto and originality…except that, as it turns, the hip-hop singer was wearing a flagrant rip-off of another designer’s work.
Young designer Jessica Rogers, 21, of SomedayNewYorker, has been producing garments nearly identical to Minaj’s–which both the singer and Rogers refer to as “Puff Ball” style–for almost three years now. What’s more, Rogers tells us that Nicki Minaj‘s stylists had contacted her in the past about using some of her clothing–among them a Puff Ball dress–however once Rogers sent further images of her work, she never heard back from Minaj’s team. Rogers said she even followed up a month later, sending more images of her puff ball garments, eager for the prospect of working with such a big-name star.
But it seems like Nicki Minaj–or more likely, her stylist–had different plans, copying the vulnerable young designer’s work without so much as a mention. “When I saw the photos [of Minaj at Carolina Herrera] I was in tears,” Rogers said. “I’ve worked very hard to make my dream of being a fashion designer come true. I have built contacts with Teen Vogue, Gaga, Katy Perry​, and Marina and the Diamonds has worn my garments. [Now,] I feel like everything has crumbled down.”

Rogers was particularly upset that the hip-hop artist chose to wear a copy of her original garment during Fashion Week–an industry event the young designer has been aspiring to participate and show in. “I am very upset by the fact that she was sitting next to Anna Wintour,” she said. “I admire Anna Wintour​ very much and I was hoping that one day she would see my garments and it would be the first time that she would see Puff Balls used as i use them.”
Rogers knew for sure the garment was a direct copy of her work, when she heard Minaj’s version refferred to as made of “Puff Balls,” a term the designer coined. “‘Puff Ball’ is a term that i created to describe what is usually called pom poms,” she explained. “I came up with the term “Puff Balls.’”
Adding insult to injury, when Rogers reached out to Nicki Minaj’s stylist not just to confront her about the plagiarism but also to see if, in Rogers words, they could “take a bad situation and turn it into a good situation,” by sending Minaj’s team a proper SomedayNewYorker garment, the young designer was met with utter derision and harassment. “I ended up getting a call from the woman whom I will not name and she said she wasn’t [Nicki Minaj's] stylist anymore,” Rogers told us. “Then [she] started yelling at me, harassing me, and telling me that its a small community and I better watch what I say. I believe that she called me instead of emailed me because she did not want to have written proof that she had yelled and harassed me.”
Rogers wanted to add that, “Many independent as well large scale designers go through this. Copying another designers work is wrong. It should not be stood for.”
Let’s hope, especially in this case, that this doesn’t get overlooked. And Nicki, wear SomedayNewYorker! (fashionista.com)
 

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I'm not overly sympathetic for her because it's ugly as sin, and I suspect she'll win a $$$ lawsuit and make more than she ever would have as a designer. Then she can take her winnings and make more ugly crap. Also, this undoubted brought her more publicity than any rising designer could ever hope for.
 
i dont like her stuff either, but i hope she considers calling the police over the telephone call threatening her safety etc.
 
This pompom piece is famously by DOG, a Japanese brand. It was credited properly already in WWD. This designer saw an opportunity and ran with it is all. *That's* where the "shame" is.
 
Well, I want to start a discussion but I don't know if it is worth a new thread.

I noticed in the Pedro Lourenco collections threads that there are loads of posts simply saying 'Balenciaga, Margiela with a bit of Givenchy' acting as if those collections were blatant copies of those designers. While this might be sometimes true (Christian Soriana or whatever his name is) mostly they are just referring to a certain style of designing, which none of the designers mentioned above has invented. It's just sleek, paneled leather dresses and just because a designer finds himself using certain techniques (!) it doesn't mean he copies Balenciaga just because they used this technique most prominently. Even if many of those people commenting don't even think they copied then what's the point of writing those random comments? As I said, just because certain designers get the most recognition for a style it doesn't mean that everyone who had a similar idea is a copycat.
Often people just refer to the styling (often happens with Balenciaga) when a designer uses the signature Balenciaga hairstyle (can't really describe it, but I mean something like f/w 10) and has his clothes styled similarly he isn't a copycat either. It would be nice to not see every collection thread of a new designer splattered with Balenciaga, Givenchy or Margiela comments. At least write why you think you see the references and not just say you 'feel the vibe going on'.

Thank you.
 
thejarc that's a really good point, I think people are quick to throw out that designers are being copycats only to show off their own knowledge of fashion... even when the accusation they're making isn't really all that concrete. If they would take the time to point out exactly why they felt that way, even if I disagreed, I would respect their point more.
 
I can't believe I'm about to say this but the shape of Minaj's pom pom top is more flattering.:shock:
 
it is the worst for the smaller, lesser known people in the industry, i agree with that...

whether it's a photographer or and art director or a designer...
if you have an idea that someone else copies, if they are more famous than you are, they will basically get all the credit ( and all the $$$) for something that was your idea first...

but sometimes it really is hard to know who is copying who- and if anyone is copying at all...
sometimes several people will have the same idea at once...

IE- i am sure that several people have been inspired by 'the girl with the dragon tatoo'...
but i doubt any one of them can claim that it was their idea first, because it's just something that is prevalent and influential in pop culture at the moment...

it does get irritating for anyone who is unknown, struggling and trying to be original---
at that point, when your career and livelihood are on the line, imitation is the WORST thing that can happen to you...
it is not flattering at all...

some idea overlap is normal and common-
after all, we all live in the same world are are influenced by the same things...
but it does get tricky when people start blatantly copying...

the part that i don't like the most is that, when anyone takes issue with the fact that someone has stolen their idea-
the usual response is not support from the public or from the fashion community...
most people are guilty of copying something at some point themselves, so they can hardly condemn someone else who is doing it...

so it just keeps happening...
with very little, if any, consequences...
 
Taylor Tomasi Hill, the red-headed Moda Operandi exec and street style star, just launched a capsule collection in collaboration with Asian department store Lane Crawford. But there's bad news: she's already coming under fire for the suspicious design of one of the pieces. (That was quick.)
The dress in question is a navy blue strapless tuxedo dress, which Lane Crawford is selling for $470.
So what's the problem? Well, Elle.com noticed that the frock keenly resembles a similar dress from Marc Jacobs' spring 2008 ready-to-wear collection.
And in fact, the dresses do look pretty similar: both have a tuft of lace at the top of the asymmetrical neckline, as well as the vertical seaming on the front. Uh oh.
Lane Crawford's website states that the line was "inspired by staple pieces in Taylor's personal wardrobe," so maybe it's more of an homage.(huffingtonpost via elle)
 

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apparently there is also a copy of this comme des garcons piece in her lane crawford collection too:

Following accusations that Taylor Tomasi Hill took heavy inspiration from the Marc by Marc Jacobs spring 2008 collection for a dress in her second Lane Crawford collection, Fashionista noticed that another item from the line looks familiar: a blue striped blouse with cutout shoulders, resembling a Commes des Garcons one worn by Taylor a few years back.

nymag.com

9pz34o.jpg

missatlaplaya
 
was it Kate Moss who started this? It's worse than celebrity designers... finding "inspiration" from one's own closet, ie, ripping off past designs so blatantly, is NOT ok and is the worst travesty this decade of design could produce.
 
Glamour UK (styled by Sofie Cooper and shot by David Oldham) ripped off Sofia Coppola's Miss Dior Cherie campaign. Balloons, check. Cat eye frames, check. Bicycle, check. Set in Paris, check. Etc, etc... :rolleyes:



and the original



glamour shots via magxone.com missdiorcherie via weheartit.com
 

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