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“Some ways of implementing copyrighted material are considered fair use. Certain forms of parody are considered fair use, as long as they don’t become a new work or product that directly competes with the content being parodied.”
Excerpt from Indie Publishing edited by Ellen Lupton.
What do you think of the following example? Which is the original?
Fair use or plagiarism? Post it.
Be positive (wo)man! Moma reads this.
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— Show da LUV 
Are these not from the same Artist/Designer?
This one smells robbery a mile away; it’s one thing to use a certain style to get your message across, but here, the visual is far too similar not to become plagiarism.
I wouldn’t be surprised if it was the same artist/designer. That said, using the same assets for two different campaigns and clients isn’t the best way to work.
For the record the two examples are NOT from the same artist/designer.
It’s way too “similar”. As Andrei said, one thing is using certain style the other is copying the exact same elements, color scheme, structure, composition, etc. Verdict: Not a Fair Use.
In my opinion its a “little” bit too obviously inspired. No matter what design was first. The copy could have been slightly more altered.
Inspiration is good and a must, theres a lot of re-usage of designs, also in audio, it’s a culture, it’s normal, but it still should show a bit more creativity as in this example.
My 2 eurocents;)
Not cool – too similar. I like the MTV one the best, though – and will guess that’s the original one, due to the many musical cues also present in the other (and the better quality).
This is only one of a bunch of images that were copied for the same promotional campaign of a Brazilian company call Uncle K (http://www.unclek.com.br/).
Here’s the link with some other examples :
http://www.caligraffiti.com.br/uncle-k-e-o-plagio/
As far as I know, the art director Fred Vegele did the job as a freelance. He worked at McCann until last year. Now he is at Agência 3.
From what I know Uncle K is concerned about the issue. They removed their catalog from their website — not sure what they did regarding the printed copies though. Naturally the higher management in the company says (and it is very possible) knew nothing about the whole copying thing.
I would love to hear what would be the verdict of the team involved into the creation of this magazine :
Graphic Design | Alessandra Mattos
Art Direction | Fred Vegele
Photography | Rudy Hühold
Photography Assistant | João Gabriel Salomão
Image Manipulation and 3D | Cayman Artes Gráficas
Executive Production and Art Production | Mariana Lavrado
Executive Production and Art Production Assistant | Ronna Dias
One of Uncle K’s directors called him to know about the plagiarism, and he coldly responded “Yes, I copied the works. Everyone does it.”
These are the words from Fred Vegele:
“Yes, I copied the works. Everyone does it.”
I believe this is not parody. Parody implies that the new work offers a comic effect, it has to be humorous, this is just plain theft and what’s more, it is trying to sell another product (bags?).
I imagine the original is Mtv, it is better structured and I also find it to be smarter. So yes, it is plagiarism, but, what does the original designer think about this, does he/she know?
Obviously NOT fair use.
Wow, astounding how people take people’s art for granted. Being inspired is one thing, but in this case elements were clearly copied and the “author” of this copy doesn’t even seem to care…
Hey Camille, I did the original image for MTV-One. I just got emailed from a Brazilian designer that I don’t know personally, and through the Caligraffiti blog, I discovered that other people were copied as well for the same campaign by the same ‘Art director’.
http://www.caligraffiti.com.br/uncle-k-e-o-plagio/
I agree with Nitras that inspiration is a must. Take it from someone else work or from your surrounding, we all get influenced. I believe it’s part of the creative process. But it must lead to creating something new, something different and mostly something appropriate for the product you sell (in this case).
This, is obviously a copy without further thinking. Each individual pieces from the original image were copied or replaced by something else, using the same technique and colors into the same composition.
What I find the most outrageous is not really the copy itself. It’s more about what the Art director – Fred Vegele – answer to the client question about the plagiarism : “Yes, I copied the works. Everyone does it.”.
This is one of a case and there are tons of others. Just check You Thought We Wouldn’t Notice to see it happen everyday.
http://youthoughtwewouldntnotice.com/
I just find it disappointing that people like him call themselves Art director or Creatives, and dilute out the work of other people who have a passion for graphic design and work hard to make creative work done at the end of the day.
But hey, let’s face it, there are trends, and most companies/clients are aware of them and require them for their campaign. To me, follow them or lead them, as it suits well the concept and that communicating a message is the main idea (in the case of advertising for instance).
I think in this case, there was nothing else than a pure copy, without further thinking as if it was even a good way to sell some shoes? A bag? A trip to Paris? Some clothes? Not even sure what it sells…
The first thing I recollect from this is how angry I was towards Fred Vegele and is ‘creative’ team. I felt like I got stolen, and that my image is now diluted to the point that it sells some shoes for a Brazilian shoe company that I don’t know.
Who knows, maybe your design sells some nuggets in Australia or some deodorant in China. It’s incredible what Vegele says about plagiarism.
But I just realized that I must draw a lesson out of this: if my design image can either sell music for MTV-One and shoes for Uncle K at the same time, I need to kick my own ass and come up with some fresh ideas for my next projects.
In a way, it will help prevent me getting stuck in a sphere of comfort, and challenges both my ideas and creative process.
Clearly plagiarism, when even the ‘art director’ openly admits it. It’s one thing, as others have said, to be inspired by a style or even a single piece but this is blatant theft. I am glad it was flagged up with the client as this sort of practice does no-one any favours.
This issue came to my attention by one of the many design discussion blogs around http://www.caligraffiti.com.br/uncle-k-e-o-plagio/ and, as the national director of the Brazilian Graphic Design Association http://adg.org.br/ (the copy was done by a brazilian (con-)artist) I reported this issue to Die Gestaten Verlag, the publisher of the book Tactile (as you can see on the link for Caligraffiti, many more similarly serious/obvious designs were copied).
Both Gestalten, Jullien Vallée and Pixel Garten (some of the great real artists who created the copied originals) are studying the legal actions that will be taken. The company for the copied work (who equally suffered from a now bad reputation and even removed the catalog from their site) may also join the artists on this action.
There are reports that the con-artist admittedly said “yes I copy, everybody does”.
We hope that, with the attention and pre-announced legal action, this case can serve as a warning and example for the design community that plagiarism is a bad idea and that with the growing virtual community made possible by the web and its many blogs and discussion groups, these acts will be discovered with growing speed.
If it quacks like a duck, walks like a duck, looks like a duck, it’s plagiarism. This isn’t inspiration and it certainly ain’t parody.
The main problem I have with the example shown is that it doesn’t move the style or original design forward. A few have mentioned that two designs are far too similar and I’d have to agree.
I guess you could argue that if the designer has been lazy and not attempted to add to the original concept then it isn’t fair use. If they had then the outcome would have been different and therefore fair.
For me there is little difference between Duchamp self-portrait and the Glaser Dylan poster but enough to show that there is a nod to the original while adding a new twist and moving the original artwork forward. I believe the Dylan poster was then parodied in a Glaser poster later.
We were ripped recently by a graduate student but were more annoyed that they hadn’t done anything more with the work – just created a copy.
We use influences all of the time in our work, it is unavoidable, but while trying to reference the original – if needed – we will always try to make the design our own.
Hey Julien, sorry to see what happened…! Hope you can settle things as best as possible. And I absolutely agree, his response to the matter is truly saddening.
BTW, not everybody does copy… so, inspiration, yes, theft no.
… Not cool at all!! The inspirational-work-search is allowed, but when you follow the same track to get an identical final work it’s totally offensive! >(
The style is very in use at this moment, IDN dedicated an issue to this “hand made” design, and Julien Vallée is a great example of the great work coming out. It’s a shame to see what some “fellow” designers are doing to the work of another respected designer, it’s normal so be inspired by some people, but it’s so wrong to do this kind of things.
Not a fair use aka LET THEM BURN IN HELL!!!
Some designers find that implementing some design element is a good idea. Some people call it practice.
A designer must lay a claim to each part of his concept. He should share his real world of experiences and ideas in his creative world.
It is a problem to steal a concept of visual design. The concept of any design is an identity for the designer and the product or the service. It is their professional signature.
We should understand the difference between creating and innovating. This way we will answer the question.
It is black and white. NO gradient!
Hey João, interesting that you bring up the IdN Craft Issue (Handy Graphics) in which Julien’s work was featured.
Since I’m quite familiar with his work, congrat him about making the ‘cover’ of which he was totally unaware that one of his work had been chosen.. until he was notified post-publication..
http://idnworld.com/mags/?id=v16n1
Definitely not fair use. This crosses the line from inspiration to plagiarism. We are all influenced by the work we see but it has to be a starting point for your own explorations – if you merely copy what you see and don’t add anything to it, you’re just a thief.
Just realized that in fact, it is an excerpt of the same MTV ad that was used for the IdN cover.
Now if you can’t have ideas and are in the ‘idea’ business become an accountant or plumber and stop pretending.
That’s not fair use, that’s plain plagiarism!
It’s one thing copying or rather taking ideas from an artist.. but in this case the type used,
the ribbon colours, and the prominent resemblance in blue pyramids and grey background all lead to one conclusion: this is copying.
Though concept wise MTV is better. (I have to admit).
Carole, you are totally right. This is so frustrating to see this kind of person, like Vegele, pretending to be into the creative or ‘idea’ industry. This is for me an actual problem we have in design and art – the status.
You can see the problem if you think of art vs sciences. We have no ‘official’ status, and everyone can decide and practice with the status of ‘designer’. You can have the skills or not, everyone can practice this profession as long as they have a good computer and Photoshop.
How can a client can verify if this is good design or not?
In science, imagine if you could proclaim yourself a scientist because you once made a cocktail of milk and soda… this is ridiculous.
Hey Bertrand – MTV ad is BETTER because it is the ORIGINAL work
)
Yes this is too bad that the artwork has been copied so obviously; it is good to be inspired by great artists which creation correspond to your sensibility.
In the art history, masters have inspired millions of people, and some have copied and so learned a lot from them. Someone can be inspired by a creation and then, he has to create his own world from this inspiration.
In this case, this si simply the same work, same colours, shapes, effects, ideas. This is not fair to copy almost exactly a creation and propose it to a client as his own personal work.
This is not fair use at all.
To some extent everyone does copy. I do too but only in order to learn something and I don’t sell it. I think it’s a pretty cheap trick to be so narrow and copy to the extent that I see above. Expecially since it is such a large campaign. Seriously, where is the creativity here when you do this?
What a dork!
In this case clearly someone liked something and copied it. And the original artist should be compensated. This is crap…we call it ‘fair use’ and we call it a complimentary copy but c’mon people. Think up your own ideas.
I have been influenced by many many people and styles over the years, but this is another case of someone with no idea copying something they liked and it is NOT a sincere form of flattery.
Enough! I mean could this be more blatant?
Mark E. Sackett
President/Creative Director/Executive Producer
Reflectur/Articulation Films/Brainfood Creative Programs
Wow, that’s truely sad… Inspiration is something we are all using but this… it’s just a miserable lack of talent. Your work was fresh Julien, well done!
It’s a real shame that these people call themselves designers.
My guess is that this kind of plagiarism has always existed, it would have pass under the radar ten years ago, but now the news spread so fast… A designer who has built a career on stealing concepts has answered but “Yes, I copied the works. Everyone does it.”
The conceptual content of these two pieces is absolutely different. The words written out in 3D text are not at all the same.
It is a shame that the visual style and formal/visual content is so similar. In fact, it’s pretty lame. But, that said, it’s not “wrong”.
While I think this is poor thinking and a bad example of what design can bring to the table, it is totally legal and definitely fair game.
The unfortunate thing here is that it’s really the second client the gets the short end of the stick. They’re probably not going to look too fondly at designers in the future.
The designer looks like a fool. The client got a bad solution. But it’s not a matter of parody or anything of the sort. Nothing was lifted or copied and used exactly.
There is scary number of works out there that looks copied in my opinion. Your examples here clearly demonstrate that people steal ideas with ignorance.
Here are examples that I found, that I think one of them copies the other. (I believe the first is the original)
http://electricheat.org/work/images/work_lip4.jpg
http://twurl.cc/14f2
While there is nothing new under the sun, this is just plain laziness on the part of the copying art director – who deserves whatever Acme Anvil drops on his, or her, head as a result.
I apologize for finally arriving here in the comments section so belatedly, but I am happy because it allowed me to read the entire story behind the particular examples cited above.
I have strong ethical opinions regarding creative “inspiration”. Obviously, yes, to some extent, in some instances, we take more creative “liberties” than in others. But I think there is a very clearly demarcated line between “inspiration” and outright plagiarism. And while, yes, being inspired by another designer or artist’s work is important, and paying visual “homage” to said creations sometimes works, we as professional designers have an obligation to our clients, who are paying us to create what they assume is original work, and also to our peers in our profession. To lack either of those obligations while producing our designs devalues our work, the other designer’s work, and our professional obligations to our clients.
Furthermore, I hold an extremely low opinion of designers and art directors who react to plagiarism when confronted with it with the kind of shockingly dismissive attitude with which Vegele responded, i.e., don’t speak for everyone, Sir, as we don’t all do it. I think designers with those opinions are particularly loathsome blemishes on our profession; he should be ashamed of earning an art director’s salary and producing “work” that is decidedly not fair use.
“Yes, I copied the works. Everyone does it.”
should be
“Yes, I copied the works because I am lazy to use my brain.”
Unkle K = Rip-off artist (although he should not be named an artist, only if it pertains to his passion for stealing). I wish there was a police squad for the world of visual communications. If so, I’d hop into my car (after throwing away my half-eaten hamburger from my lunch stop) and speed after Unkle K then throw him into jail forever.
My first reaction is to say this is stealing for sure. But then I got to thinking that this might be more complex. What if, in these photos, the person was next to a painting of the Mona Lisa? (Which someone surely must own a copyright to, right?) I see the Mona Lisa everywhere in advertising, even if it is altered, you still know what it is. In fact, they are expecting you to know what painting they are referencing. But does anyone pay a royalty fee for using the Mona Lisa?
I think because the second piece is obviously lacking an original twist, that it is not a homage. But I do think that we should all think twice about “referencing” because we are going to influence other artists to do the same if we are not all responsible about this.
Mitzie,
According to international intellectual property laws, Mona Lisa has become “public domain” 70 years after Leonardo DaVinci’s death, in 1519.
People can make commercial use of images, literature, music and other art forms freely under this same condition, which is clearly not this case.
Nothing justifes plagiarism, and that is theft, once again, under international laws.
Fred Vegele and everyone who goes by this same risky venue is a shame to every serious designer in the business, and may end up losing professional respect, clients, and loads of money in court.
I totally disagree with Vegele’s methods, and I’m shocked with his irresponsible and careless attidude, responding coldly: “Yes, I copied the works. Everyone does it”.
That is not true.
He does it.
It is his way.
His “style”.
He has no right to endorse his own acts by leveraging EVERYONE in the business to his level.
What kind of rip-off ambassador is he to say anything on other people’s behalf?
I am not a stealer, and I know hundreds of brazilian artists, designers, photographers and art directors who are not as well.
This is not the way we do our creative work in Brazil.
Go to Cannes, Comicon, Annecy or any other international festival to check it out and see how brazilian CREATIVE people do their stuff.
Vegele is hiding his head in a hole like an ostrich.
But he can’t bury a whole country’s creative reputation.
We are too many, and his hole fits only one.
This is not fair use, one of many (sadly) common examples that happens every day. I think in this case it is plagiarism. No doubt.
In the words of Maestro: Biter! (plagiarism and definite faux pas).