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What is your favorite art medium? Imagine spending 8 hours every day over 6 months on a design project in that favorite medium. Let’s say you’ve spent money and time researching the elements you put into your design. You poured your heart and soul into it. Then one day you’re walking down the street and you see someone wearing that design on a t-shirt. It is unmistakable – the design is indeed yours. One of the hues is slightly different than your own, but it is unmistakable in its likeness – that design is your design. How do you feel? Confused probably. Shocked? Angry? Who is to blame? You know you haven’t given anyone else this design. So why is it on a t-shirt without your knowing about it? Do you care?

Maybe you personally don’t care that someone is making money off of your design, without your permission. Maybe you’re just happy someone noticed your work. However, most people are upset by this, and want more than to only be noticed. Especially given the time and money spent developing this design they were hoping to work towards supporting them financially, their livelihood. Instead it is being used by a larger and/or more known business that is making more money off of it than you are because it is more well-known. No one is buying your more expensive design, the one that is designed by you in the first place, but they are buying the more inexpensive design on a t-shirt from this well-known company. Maybe you don’t care about that. Then again, maybe you do.

If you do, you are not alone. This is a situation that is happening regularly in today’s fashion industry. It is a battle of plagiarism in clothing design, a mostly virtual battle of who has the right to use a structural and/or print design and who does not. Conflicts of this type is occurring not only in the U.S., but in countries around the world including Europe, Japan, Vietnam, and more.

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You may wonder, what exactly is the fashion industry? The term fashion industry in this discussion refers to the industry of structural and textile design of clothing and accessories, including jewelry, shoes, bags, and etc. In this industry there are different “levels” of design, such as “high-end” designers like Isabel Marant, Michael Kors, or Louis Vuitton. On the other end of this spectrum of kind of levels of quality of design, there are “fast fashion” companies which include Forever 21, Zara, and H&M. (13) Independent designers are usually the designers being hit by design plagiarism, typically done by fast fashion companies such as Forever 21. However, high end designers are also regularly stolen from as well, also by fast fashion companies.

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What is “fast fashion?” Fast fashion is the term put on fashion pieces that are mass produced at cheap costs and are sold at low prices (13) Companies of this kind often get accused and sued by others for theft of a design. They are often caught and accused via social media, then sometimes legal action is taken as well. By 2013, Forever 21 had already had been charged with copyright infringement in over 50 lawsuits, and this has only continued. (1) (12). With large deep-pocket companies like Forever 21, and a lack of laws in the U.S. protecting designs in fashion, fast fashion companies in America often get away with using others’ designs for their personal profit, disregarding the negative affect this inevitably has on the original design’s owner (4). With no payment offered to the original designer for the design being taken, an independent designer selling a t-shirt they spent months designing loses customers to a lower-priced fast-fashion company’s copy of the t-shirt.

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Two real-life examples of this situation are conflicts between Forever 21 and clothing boutique “Bark Decor,” and the fast fashion brand Tilly’s versus independent “Indy Brand” clothing design company. In both situations, customers and social media were the first source and platform of the attention called to the design theft. In the Bark Décor situation, a customer had realized that one of the women’s tank tops from Bark Décor was posted for sale on the Forever 21 website. The company took action first by posting the unmistakably, and for many, uncomfortably similar design on Facebook.

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(1)

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Fashion designers aren’t the only ones whose designs are being stolen from. Native cultures’ designs are being copied without permission or payment as well, thereby seemingly also without respect to the native designs’ origins or deep meaning, stealing the native culture’s historical artwork and remaking it cheaply for profit.

One such instance involved Isabel Marant and the indigenous people of Oaxaca in southern Mexico. In an Isabel Marant spring-summer 2015 collection, a blouse being sold was a cause of frustration to the peoples of Santa Maria Tlahuitoltepec, Oaxaca. The blouse resembles very closely if not exactly cultural, historic design, which becomes especially noticeable when paired side by side. In its place of origin, the “huipil” sells for 300 pesos ($16.335 US dollars), while Isabel Marant’s shirt sells for 4,500 Mexican pesos ($245.013 US dollars). (6) (8)

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It is one thing to take and use a design for inspiration, or to ask permission for using it and understanding the meaning behind the original cultures’ works; it is another to quickly take an idea and copy it or only slightly change it, also to think that no one in this media-influenced society would not see or notice the original design’s origin. This results in designers losing respect from many of their customers. Is the extra time for coming up with one’s own design not worth it? Then again, maybe some people don’t mind being copied, so they do not think it would matter if they themselves copied another.

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"I'M REALLY HAPPY THAT BALMAIN IS COPIED"

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"I'M REALLY HAPPY THAT BALMAIN IS COPIED"

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There is at least one designer who does not mind. The head of Balmain, a Parisian high-end fashion house, said this in an interview, “I’m really happy that Balmain is copied – when I did my Miami collection and we did the black and white checks, I knew they would be in Zara and H&M.” (2)

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Again and in conclusion there is a battle going on in the fashion industry due to the stepping on toes of high end designers, independent designers, indigenous cultures, and fast fashion companies. Consumers are also arming themselves with social media and their powers to withhold money and business to join in the fight against fashion design plagiarism. Although copying a design is inevitable and accidental, as true as that is, there is are lines that generally seem to be agreed by the public not to be crossed, especially when copying comes to the taking of indigenous peoples’ designs. Because of the lack of legal protection in the United States against design plagiarism, all consumers can do is combat said plagiarism via social media, and not support the brands that continually are caught stealing. As fashion historian Jonathan Walford says on his blog, “Fashion may be an art form but it is also a commercial enterprise and copying is inevitable – that is the nature of fashion. It’s a matter of knowing where to draw the line.” (14) Saving a dollar is great, but is the money cost worth more than the moral cost? Saving a dollar is great, but is the money cost worth more than the moral cost?

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Let's do something fun (or at least stimulating hah)! Over the next few images, look over each of the designs in the pictures. You decide which ones you think stay within INSPIRATION, and which ones CROSS THE LINE and fall under a category of PLAGIARISM.

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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          PLAGIARISM OR INSPIRATION? YOU DECIDE

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Further Readings for you, the reader = )

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Further Readings for you, the reader = )

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More on Isabel Marant and Oaxaca blouse conflict:
- Milligan, Lauren. "Mexican Media Storm Erupts Over Marant "Copying"." British Vogue. British Vogue, 21 Aug. 2016. Web. 31 May 2017.

More on fashion design plagiarism vs. inspiration:
- Schiffer, Jessica. "Inside the Complex World of Copying in the Fashion Industry." WhoWhatWear. WhoWhatWear, 14 Oct. 2015. Web. 12 March 2017.

More on Isabel Marant and Oaxaca blouse conflict:
- Simón, Yara. "Mixe Community Fights Back After Isabel Marant Rips Off Traditional Design." Remezcla. N.p., 07 Dec. 2015. Web. 04 Apr. 2017.

What is a fashion designer:
- "Summary." U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics, n.d. Web. 8 May 2017.

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1.    Alfonso III, Fernando. "Forever 21 Accused of Stealing Another Indie Clothing Design." The Daily Dot. N.p., 25 Feb. 2017. Web. 17 Apr. 2017.

2.    Dyer, Deidre. “5 Times Fashion Plagiarism Got Called Out In 2014.” The FADER. The FADER, 06 Oct. 2015. Web. 12 Apr. 2017.

3.    Geniusbeauty. "Geniusbeauty." Geniusbeauty.com. Geniusbeauty.com, 05 Apr. 2013. Web. 12 Apr. 2017.

4.    Hanh, Dang. "Faking It: Vietnamese Model Has No Qualms about Copying Italian, French Designs." Thanh Nien Daily. Thanh Nien News, 02 Jan. 2016. Web. 14 Apr. 2017.

5.     Itsamsquatchricky. "Tilly's Clothing Is Stealing Designs! Please Help!" Imgur. N.p., 04 Oct. 2015. Web. 16 Apr. 2017.

6.    Larsson, Naomi. "Inspiration or Plagiarism? Mexicans Seek Reparations for French Designer's Look-alike Blouse." The Guardian. Guardian News and Media, 17 June 2015. Web. 31 May 2017.

7.    Lodge, Guy. “‘Harry Potter’ Designer Accused of Fashion Plagiarism.” In Contention RSS. N.p., 27 Oct. 2010. Web. 14 Mar. 2017.

8.    News, Mamamia. "Wednesday Afternoon's News in under 5 Minutes." Mamamia. N.p., 24 June 2015. Web. 16 Apr. 2017.

9.    Richardson, Helena. "Is Plagiarism Becoming a Problem In Today's Fashion Industry?" BULACE Magazine. BULACE, 06 June 2016. Web. 12 Apr. 2017.

10.    Ricky, Melanie. “HMMM… ZARA SHAMELESSLY COPY EVERY MAJOR FASHION PLAYER.” Fashion Editor at Large. N.p., 03 July 2014. Web. 17 Apr. 2017.

11.    Ricky, Melanie. “What Are We Doing?” Falling Upwards. Fashion Editor At Large, 27 Mar. 2014. Web. 27 Apr. 2017.

12.   Sauers, Jenna. “How Forever 21 Keeps Getting Away With Designer Knockoffs.” Jezebel. Jezebel.com, 20 July 2011. Web. 09 Mar. 2017.

13. Tan, Zhai Yun. “What Happens When Fashion Becomes Fast, Disposable, and Cheap?” NPR. NPR, 10 Apr. 2016. Web. 31 May 2017.

14.   Walford, Jonathan. “Fashion Plagiarism – Appropriation or Inspiration?” Jonathan Walfords Blog. N.p., 14 Dec. 2015. Web. 13 Apr. 2017.

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                        ANNOTATED BIBLIOGRAPHY

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                        ANNOTATED BIBLIOGRAPHY

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Walford, Jonathan. “Fashion Plagiarism – Appropriation or Inspiration?” Jonathan Walfords Blog. N.p., 14 Dec. 2015. Web. 13 Apr. 2017.

Jonathan Walford, a historian versed in fashion history, has played a huge, founding, role in the creation, curating, and opening of two museums (so far). The Bata Shoe Museum, opened in May of 1995 in Toronto, Ontario, Canada. Walford was the chief, founding collector for that museum. The second museum Jonathan Walford was involved with founding was Cambridge, Ontario, Canada’s Fashion History Museum (he is a co-founder), whose doors opened in 2004 as a non-profit. The Fashion History Museum (FHM) holds thousands of historic pieces whose ages span 5 centuries – from present times to the mid 1600’s. Walford is also an author, whose writings can be found in museum catalogues and his published books. Some of the more known books include “Forties Fashion: From Siren Suits to the New Look,” “Shoes A-Z: Designers, Brands, Manufacturers and Retailers,” and “Sixties Fashion: From Less is More to Youthquake.” He continues to accumulate fashion pieces and articles of historical value (as he has on record throughout his life beginning in the 1970’s) via any sources from auctions to yard sales to finding and restoring things in the trash.

Walford’s blog is just one of the many written works of his displayed for the public. His audience are those who are interested in fashion, history as it pertains to fashion in particular. His blog displays his opinion, but still comes across as a formal, professional, well-informed read. The blog includes many articles that seem to be of valuable, accurate information, his opinions aside. The posts all seem to be very well written, with moments that encourage a chuckle out of the reader. His posts certainly hold life and character, keeping the more serious and/or factual and historical information interactive and interesting. Walford’s writing on plagiarism in cultural fashion plagiarism greatly helped me in my developing my assignment. The KTZ Shaming Page on Facebook’s information was of great help to me as I had wanted to include in my research places where fashion “battles” on social media are taking place, and that page is yet another actual, real, example I came across in my research.

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(IN ORDER OF APPEARANCE)

1. "Theonlythingthatmakessense." Theonlythingthatmakessense. N.p., n.d. Web. 2 June 2017.

2. Banga, Namrata. "Fast Fashion - A Growing Phenomena?" LinkedIn. N.p., 25 July 2016. Web. 2 June 2017.

3. Alfonso III, Fernando. "Forever 21 Accused of Stealing Another Indie Clothing Design." The Daily Dot. N.p., 25 Feb. 2017. Web. 17 Apr. 2017.

4. Itsamsquatchricky. "Tilly's Clothing Is Stealing Designs! Please Help!" Imgur. N.p., 04 Oct. 2015. Web. 16 Apr. 2017.

5. Rodriguez-Jimenez, Jorge. "French Fashion Designer Gets Called Out for Copying Indigenous Oaxacan Clothing Design." We Are Mitú. We Are Mitú, 19 July 2016. Web. 16 April 2017.

6. M. "Aequalis: Balmain vs Zara." öomyht. N.p., 01 Jan. 1970. Web. 12 Mar. 2017.

7. Dyer, Deidre. “5 Times Fashion Plagiarism Got Called Out In 2014.” The FADER. The FADER, 06 Oct. 2015. Web. 12 Apr. 2017.

8. Hanh, Dang. “Faking It: Vietnamese Model Has No Qualms about Copying Italian, French Designs.” Thanh Nien Daily. N.p., 02 Jan. 2016. Web. 14 Apr. 2017.

9. Sauers, Jenna. “How Forever 21 Keeps Getting Away with Designer Knockoffs.” Jezebel. Jezebel.com, 20 July 2011. Web. 9 Mar. 2017.

10. Lodge, Guy. “‘Harry Potter’ Designer Accused of Fashion Plagiarism.” In Contention RSS. N.p., 27 Oct. 2010. Web. 14 Apr. 2017.

11. Geniusbeauty. “Dior, Prada, Celine’s New Collection: Plagiarism?” Geniusbeauty.com, Geniusbeauty.com, 05 Apr. 2013. Web. 12 Apr. 2017.

12. Richardson, Helena. “Is Plagiarism Becoming a Problem In Today’s Fashion Industry?” BULACE Magazine. N.p., 24 May 2016. Web. 12 Apr. 2017.

13. Walford, Jonathan. “Fashion Plagiarism – Appropriation or Inspiration?” Jonathan Walfords Blog. N.p., 14 Dec. 2015. Web. 13 Apr. 2017.

14. Ricky, Melanie. “HMMM… ZARA SHAMELESSLY COPY EVERY MAJOR FASHION PLAYER.” Fashion Editor at Large. N.p., 03 July 2014. Web. 17 Apr. 2017.

15. Itsasamsquatchricky. “Tilly’s Clothing Is Stealing Designs! Please Help!” Imgur. N.p., 04 Oct. 2015. Web. 16 Apr. 2017.

16. Ricky, Melanie. “What Are We Doing?” Falling Upwards. Fashion Editor At Large, 27 Mar. 2014. Web. 27 Apr. 2017.

17. Ricky, Melanie. “What Are We Doing?” Falling Upwards. Fashion Editor At Large, 27 Mar. 2014. Web. 27 Apr. 2017.