Category Archives: Uncategorized

Jazz Hands!

Ian Art

ATTORNEYSCOTT COMMENTARY:

Today’s post reflects the long arms of today’s infringer. I picture an octopus-like creature whose tentacles encircle the globe, suctioning on to an artist’s work, and then whipping said work back into its gloomy lair. This time ’round, the alleged thievery comes from Jakarta, where a need arose for a compelling piece of art to advertise the local jazz festival. Designer Ian Austin’s Deviant Art page, at the time, exhibited the below imagery:

 

 

Later, Jakarta’s Jazz Festival released its advertising materials, which included the following:

 

Is this a jacking by Jakarta, or independent creation?

- AttorneyScott ( [email protected] )

Cat’s Out of the Bag

jayde

ATTORNEYSCOTT COMMENTARY:

A tale of two cats, or four to be more precise. Designer Jayde Hilliard created a series of pieces she entitled, “Blue Willow Menagerie” that depicted animals embellished with the public domain Blue Willow pattern. Pleased with her work, she posted it on Deviant art, where it can be seen below:

 

To her chagrin, the cat aficionados over at Bradford Exchange thereafter posted a product that bore a certain resemblance to her prior work. See below:

 

Comparing the pieces, though, reveals a close call as to the question of whether the idea was taken (still legal, recall that ideas are “as free as the air,” according to at least one judge), or if the expression was lifted (a violation of the Copyright Act). At the very least, it is a dispute that gives us paws.

-AttorneyScott / [email protected]

Nasty Gal with a Thefty “Oops!”

ATTORNEYSCOTT COMMENTARY:

From the “too good not to share” department: Taylor Swift wore an original Balmain design to some music industry awards event. Nasty Gal, who sells an “inspired” knock-off of this particular Balmain piece, posts that Swift is wearing “their” dress. Basically, Nasty Gal’s copy was so close to the original Balmain that even Nasty Gal couldn’t tell them apart. Of course, this is all perfectly legal in the United States (for now: link). And, this could be some very sneaky viral marketing, so reader beware:

http://qz.com/407655/awkward-a-fashion-label-boasts-about-taylor-swifts-outfit-then-realizes-its-own-design-is-a-knockoff/

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