Here at YTWWN we get a number of questions regarding the ins and outs of “format-shifting.”
Format-shifting refers to converting a work that was created in one medium (such as a painting on canvas) into a related or unrelated, but different, type of media (t-shirts, key chains, sculptures). By and large, one is not allowed to format-shift a work without the consent of the original author. Ladies goods purveyor Brandy Melville may have missed this memo. See below.
-AttorneyScott ([email protected])
It looks like Brandy Melville has knocked off the artist known as Brain Foetus. You may be familiar with her naturalistic, pen on paper work. We’ve heard that Brandy Melville has made a habit of copying from emerging artists, and Brain Foetus looks to be the most recent.
Here, Brandy Melville’s “Elin Moon Tears Embroidery Top,” a popular item that has been seen on a number of celebs like Ariana Grande and Mia Pia Perez, bears a design that looks to be a direct copy of a Brain Foetus piece.
The top, which is available in many stores across 10 or so countries, bears the same motifs and expression as the art of Brain Foetus, based out of Tasmania, Australia.
Brain Foetus tried to contact Brandy Melville to get the scoop on this rip-off, but was given the run-around. A sad day for Brandy Melville, wantonly profiting off the talent and spirit of the creative community. Below you will find the top sold by Brandy Melville, and a comparison of the Brandy Melville design with the Brain Foetus piece.
BRANDY MELVILLE TOP
COMPARISON OF BRAIN FOETUS PIECE WITH BRANDY MELVILLE TOP