My parental units and other authoritive figures used to say to me as I was growing up “Imitation is the highest form of flattery, take it as a compliment!”… that is all well and good but at what point should you consider hiring an IP lawyer?
The work in question is not my own but has had me thinking long and hard all week about what I would do should it ever happen to me. Should I just be flattered and carry on? Or should I fight the powers that be, in this case, (shiver) an advertising agency?
To me its obvious, in fact I am sure no one can deny the ad was inspired directly from the work, and then this from Kozyndan:
“To add insult to injury, someone representing Passion Pictures contacted us almost two years ago asking to see samples of our work (including this panoramic) as they were interested in working with us. We sent them samples and then heard nothing from them ever again. (It should be noted though, that the more likely culprit is the ad firm who hired Passion Pictures, Fallon)”.
Which, I am sure, slams the door on any doubts you may have had. The concept relating to the rabbits rolling into a wave has also obviously been ‘borrowed’ from their work “Uprisings” which is a homage to Hokusai’s “The Great Wave off Kanagawa” , which, by the way, at 150 years old is free from copyright. I am a firm believer in that it is the arrangement and blend of images/sounds/food/whatever that you can make your own. You can’t claim to be the first person to draw a coloured bunny but you can be the first to blend it with a wave or have them take over New York city. What happens when that gets ripped off…. well, actually I don’t know…. who would I speak to? What would I do? Would it make a difference?
I really feel they should teach this stuff in school, intellectual property, creative commons, copyrights, trademarks, registrations, signing release forms, writing contracts, or at least spend some more time on ‘creative thinking‘ so that desperate advertising executives wouldn’t have to ‘borrow’ other peoples concepts at the 11th hour.
I am not going to further examine the issue as others have been much more eloquent, such as here. In fact so much has been written on the subject that if you google ‘sony kozyndan’ it contines for well over 20 pages (of which I will now be included), I am beginning to believe that old adage again, imitation is indeed the highest form of flattery, especially when it leads to that other well known adage ‘Any publicity is good publicity”!
Kozyndan can has publicity!
BTW Kozyndan are speeding towards us as we speak, for this show at Outre Gallery. YAY!