Sweet Cavities’ Ripoff or Inspiration?

AttorneyScott Commentary:

Here was have a case where the two works are different, but share a certain tonality or feel. The copyright laws protect an artist from the copying of the “total look and feel” of his or her work, but do not protect against someone else expressing the same idea in their own way. Do you see copying?

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DEAR YTWWN:

Aha! Sweet Cavities, the acclaimed “first kawaii shop in Barbados~!” It’s obviously been inspired heavily by well known QueenOfDorks who also owns a small online shop http://www.cute-plush.com/.
This particular design definitely reminded me of QueenOfDorks’ t-shirt design “I love Japanese food”, it has a few changes but still eerily similar even the phrase “おいしい” meaning delicious. Sweet Cavities is looking to sell this design on charms and t-shirts as well.

 

What do you think? Blatant rip or just innocent inspiration?

Sweet Cavities “おいしい” Design: http://sweet-cavities.deviantart.com/gallery/34821344#/d4v1n8d

QueenOfDorks “I love Japanese food” T-shirt design: http://queenofdorks.deviantart.com/art/I-love-japanese-food-150522630

Burntfeather vs E-Klah

AttorneyScott Commentary:

In our everyone’s-connected era, there are an increasing number of ‘right-click cowboys’ that scour the internet for works to use on product such as clothing. All too often, they fail to seek a license from the artist to use the works. The below appears to be one such example.

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DEAR YOU THOUGHT WE WOULDN’T NOTICE:

I recently discovered through a friend, that runs the fantastic site Sick for Cute website about a stolen design, when she unknowingly bought the stock for her shop.

The company involved in the stolen design is an LA company by the name of E-Klah.  They’re selling a blythe shirt where the original image was based off my original painting as you see below.

My original design on the left and the copy on the right
(right image courtesy of Sick for Cute)

I’ve emailed E-Klah but haven’t heard a word back yet.

I actually wrote to them saying it’s uncouth to steal but I thought the designer involved did a really great job with my original design, which to be honest, had a pretty mellow life up to this point.  In my email I said I would love to work with them in the future.

It’s a little bit sad that after a week they haven’t emailed me back.  The best outcome for me would be a positive one where we could work together with total transparency.  Failing that, if all that comes out of this, is that people are wearing a design that started off in my brain, then I can go to bed smiling :)

 

 

Doniger / Burroughs Takes the Reins at YTWWN

Some of you may recognize me as AttorneyScott, the guy that answered your most pressing copyright questions on the “ART LAW IN THE US” page on this site. Over the last couple of years I have been lucky enough to answer your questions and provide a little guidance through the murky waters of copyright and the law. Today, I can announce that my firm and I will be assuming the captain’s chair to lead YTWWN in a new and exciting direction. The focus of the site will still be on user-submitted examples of creative thievery, and community discussion of the rights and wrongs of being “inspired by” or simply taking another’s work. We will hopefully add a more coherent explanation of the legal rights and remedies that are in play when an artist’s copyrights have been violated. We will also explore copyright infringement examples from our firm case files, and discuss other copyright cases in the news. In any event, we should have fun.

You can contact me at [email protected] or learn a little bit more about our firm and some of our copyright cases by going to www.contentclash.donigerlawfirm.com

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