This last week the word “Plagiarism” has probably been tossed around all over your Facebook newsfeed in regards to Melania Trump’s RNC speech stealing lines from one Michelle Obama gave years ago.
And while there has been much speculation, arguments against, and in defense of Melania I’d like to shift your attention to something else this week. Because plagiarism happens everyday, but it’s not always under such tough scrutiny as was the case with a possible future first lady.
You see, quite regularly big companies will steal designs from small businesses, or independent artists, either writing it off as "just inspiration" or ignoring the original design completely and claiming it as their own. Just this week there have been two instances you actually may have heard of in the news. In the fashion industry, popular company Zara has come under fire for blatantly ripping off the designs of LA-based indie artist, Tuesday Bassen. Not only are the designs exact replicas, but when Bassen hired a lawyer to approach them they basically tried to tell her she had no leg to stand on. Since Bassen’s story has come into the spotlight at least 12 other artists have come forward with similar claims against Zara.
Now looking to the makeup industry, this week there was a very dramatic and very public falling out between makeup artists and entrepreneurs Kat Von D and Jeffree Starr. Of course everyone ate the drama up seeing as the two were formerly good friends, but it’s why the falling out occurred that is far more important. When Von D was helping Starr start out his own makeup business a few years ago she set him up with an artist by the name of BJ Betts to do his logo art. After BJ had drawn up some preliminary designs for him, Starr apparently took the designs to another artist and ended contact with Betts without paying him for services rendered. Betts eventually told Von D about this which sparked the online drama that then ensued.
Betts was lucky though. Due to Von D’s fame and pull with her fans and the makeup community, the drama and possible fallout led to Starr paying Betts. But not every small artist has a famous friend to help them out. And resolving the conflict in the courtroom is hardly an option for most independent artists. Looking back to the case of Tuesday Bassen and Zara, her battle has cost her 2K in legal fees thus far with no end in sight. And even if an artist does decide they can afford to go to court, if the plagiarized material isn't an exact copy, the lines of creative plagiarism aren't strict, and are often blurred enough that the artist could easily lose against a team of corporate lawyers.
So when the chips are down and the lines are blurred, all most artists can do is try to get the word out, which- when your enemy is a large and popular company- isn’t easy.
An international clothing company I'm sure you're all familiar with, Gap, released a whole line of baby clothing this year titled PersonaliTees, calling it “An expressive new collection. Because all babies have something to say.” The collection featuring various designs themed around different colored smiley faces, like this onesie:
Super cute and a great theme to base a baby clothing line off of, right? They must have thought so. A good enough idea for babies clothes in fact, that they we’re willing to steal it to turn a buck.
Here is a greeting card from small stationary company, Hartland Brooklyn Card Co., a card which is available in select stores and online and has been since September 2014:
Look familiar?
Gap was smart enough to make some slight changes of course, but to say that Hartland Brooklyn’s card isn’t where that onesie design came from, would be a lie. And while the argument could be made that this is simply inspiration for the collection, Gap did not cite the card as inspiration, contact the company or in any way indicate the the design wasn't from their company design team. In fact the owner of Hartland Brooklyn Card Co only found out about this collection when wandering into Gap and seeing the onesie shown above on display in the store.
To many artists, stories like these aren’t unfamiliar. And most artists who are popular enough to be sometimes seen but not often heard, probably have a story that's similar. The unfortunate truth is that in most senses Gap will likely get away with this, and Zara will likely settle, with little to no affect on their company. But I think it’s time we, the public, took note. This is America, a nation based on the ideal that capitalism gives everyone a fair chance at success and at the American dream. But when companies like Gap and Zara abuse their existing power, lie, and cheat to stay on top, that is our own system failing us.
When an artist decides to share their creations with the world, or even more difficult, try to make a living off of what they create, they allow the world to say whatever it wants about that art, to build it up lovingly or tear it down mercilessly. But they're also trusting that same world to respect the fact that this creation belongs to it's creator and no one else. So when companies like Gap and Zara behave like this knowing they probably won't face consequences, they are taking away the livelihood of these artists.
Companies that reach the top and try to stay there by stealing, ripping off, and abusing the work of smaller businesses and artists don’t deserve the top, they don’t deserve to remain untouchable. What they do deserve is to hear the voices of the people they’ve wronged, and to face consequence for being a false and untrustworthy company. And it's on us to get them what they deserve.