Imitation or Inspiration? No One Cares!

Imitation or Inspiration? No One Cares!

Whether Pablo Picasso or T.S. Eliot had said "good artists copy, great artists steal," I think they were both trying to emphasize the significance of finding and later on evolving a unique style for your art or craft. Well, this quote is quite ambiguous in some points and I doubt if stealing is still vital for being a "great artist."

Since I first started doing photography, I've always asked myself "what makes a good photographer?" I read lots of books and articles about this, but I've never found a decent personal answer. It was helpful not to find an out though; I still keep searching and learning by way of finding the most convenient answer. Most of the photographers — including some popular names — share their experiences and techniques in-depth for the last 10 years or more. They don't abstain from being copied or replicated hence they are aware of the fact that imitation is the sincerest flattery. Besides, they encourage anyone who has the potential of being greater than themselves. In this regard, we all learned from masters, tried to achieve their looks on our images, so we still keep evolving to find our own style. We imitate their styles to find our own ways. It is acceptable until it is an obvious reproduction. But, what if a great artist or a great brand copies and reproduces directly?

Last week, a story about Calvin Klein's latest ad campaign went viral and the company/photographer was accused of being a copycat by Melbourne-based photographer Jack Hawkins. Hawkins has shot a very similar image about two years ago and recently he saw the campaign image, with exact same concept and mood of his own original piece, from Calvin Klein.

"If one of the big boys takes something of yours, you can't [do] anything about it unless you're already a big player yourself and can afford the expensive legal fees. Depressing I know," said Hawkins, and unfortunately he is right.

On his Facebook page, he stated that he tried to get in touch with both the photographer and authorized people at Calvin Klein, but he couldn't reach any of them. He is aware of the fact that anything is possible at this point and he just wanted to seek the truth behind this. He also came up with some facts about possible legal action fees that is impossible to afford as a "non-famous" photographer.

Image taken from Jack Hawkins' Facebook page.

For this situation, it is hard to determine if it is re-produced on purpose. There's a possibility of creative directors having seen Hawkins' image on any photo sharing networks or on his own website, but maybe this is just a coincidence — a big coincidence for a big brand!

I've faced a similar situation twice in my professional life. In 2014, I shot a campaign for a London-based Turkish designer brand and all photos were published by the client and by myself on social media. I uploaded the photos to my website as well. Just one year later, I saw a very similar editorial shooting on Schön Magazine shot by an English celebrity photographer. From hair and makeup, to set decor, to posing. Everything was incredibly identical. Much like Hawkins did, first I wanted to reach out to the magazine, but same story here, I got no answer from the other party. So I let it go.

Four months after our shooting, in October 2014, my client decided to launch their first showroom in Istanbul with a special fashion show and a grand opening party. It was going to be a big organization, so I was invited for a meeting about creating the main concept. After hours of brainstorming, I came up with the idea of using an "airport" theme. As the event was going to be performed at the British Consulate building in Istanbul, everyone in the company liked and agreed on my idea. I even designed the invitations by myself and a few months later, the show was held at the end with good feedback. Once again, just one year after the show, in October 2015, Chanel's 2016 A/W runway show was announced and voila, their concept was airport themed too.

My invitation design for Copur's London versus Chanel's invitation design.

I'm not blaming Chanel, Calvin Klein, or Schön Magazine. I cannot know if they're copycats or not. But, since they're big companies, they are obliged to research everything about their concepts. If they're building their brands on authenticity, they have to search for unique ideas. On the other hand, they are also big enough to be untouchables. If I sketched these ideas and kept them for myself in my memo, then of course I wouldn't have any right to rake these issues up. But, all these shootings and events went public, and no matter the regions were different; as a photographer, I have a right to question this.

Let's handle this from another perspective. We are bunch of photographers trying to achieve a place in the photography world. We photographers criticize ourselves and only we follow the entire media and publications about what's going on recently. The target audience of these brands don't even care about how good or how unique the photography is that they're served. It's because these brands already have a reputation and they are untouchables. They cannot even be questioned. I believe some other companies copied random concepts before, but all people need to have the awareness of authenticity and they should react as well when they are cheated. It's no different than plagiarism on a Ph.D thesis. Moreover, copycat photographers collect the applause and are praised. Yet, I didn't underline the average budgets of these campaigns. I also work with mood boards and I have lots of inspiration folders including different photographers' work. I update those folders regularly, but when it comes to shooting, I tend to be different and original. It's an ethical issue in itself. Also, one thing to remember: the Internet never forgets!

As a naive photographer, I'd like to choose to believe in coincidence on all of these images and ideas. So would you call this just an inspiration or reproduction of another piece? Is it just a coincidence or paranoia? What would be your way of dealing with such a situation?

Burak Erzincanli's picture

Burak is a photographer and creative retoucher specialising in fashion and advertising, working with international clients from Canada, Europe and Australia.

Currently lives and works in Manchester, UK.

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23 Comments

"exact same concept" — You cannot state this as fact. I don't think they are the exact same concept at all. That's like saying Avatar is the exact same concept as Pocahontas.

Copyright law also does NOT say that if you are a wealthy corporation, you must perform more due diligence. What if they legitimately created that images not having known that the "exact same concept" had been put on the Internet somewhere? Would they still have the right to publish it? It's clear to me that this argument is just an extension of the argument that copyright maximalists constantly make: "That idea is mine."

Copyright law states you cannot copy the exact image. It also states that the idea or the process by which you were able to create the idea is not copyright protected. It is quite possible that both parties came to the same idea through similar influences. It is possible that someone saw your photo and wanted to try something similar. This in and of itself is not copyright protected either. Only copying the original image is protected.

I totally agree with this statement, it is all normal when 2 minds might come to similar visual conclusions. Last year I shot smt , I didn't search for inspiration or anything on web or pinterest, just look down my sister's balcony and I knew I am gonna shoot what was born in my mind at that moment (links attached), after sometime I saw GAP campaign which was like a total combination of those 2 pictures I aimed to get on below mentioned shoot. I saw it on GAP huge windows and that was kind of a nice feel realizing probably a huge team worked to make the concept and smt similar was born and created by me just in a tiny time. So embrace the being big feeling or even being an inspiration for someone, in any case its a good thing:

https://fstoppers.com/photo/73228

https://fstoppers.com/photo/72986

and the GAP: http://frankupdates.com/wp-content/uploads/2015/04/HM_GAP_SS15_41.jpg

stay positive

The Calvin Klein Ad in question was a video. Hawkins creation was a picture. Very similar, BUT they were not simply recreating a picture one of the art directors may have seen. They incorporated, potentially, this concept as a small piece in a much larger production. I don't think there would be as much concern or "outrage" if people understood we were talking about two different mediums.

I recall seeing a shot very similar to these (birds eye view naked girl draped in tons of jeans), taken several years ago by Chuck Arlund for a different jeans company, so arguably in that regard both of these images are imitations of yet another persons work.

Perhaps that Chuck Arlund shoot was the one he discusses here:
http://arlundphoto.com/blog/2011/01/31/shooting-a-parasuco-jean-ad-using...

Yep. I shared that thought in the original post. It is really, rare to see a photograph of something I've not already seen done. The fact that so many people get bent out of shape from a "copy" puzzles me. If a client comes to me and says I want "this," this being a well made image, I'm going to make my own version of that image. Quite frankly, I'll have no ethical problem with that. It will take my own work, skill and experience to do so. It will be my creation and will be represented as so. It's not like a forged painting where it is represented AS the original. These are two completely different concepts that I think are confused by a great many people.

Thanks for remembering Dan. 😁 It's fun being copied. Honestly it was the stylists idea.
Abby Franklin. Works with Bon Jovi, Katy Perry, Motley...

She might have seen this idea somewhere else. Think we shot that in 2008 or 09

We all know that ideas are not copyrightable.The blue jean issue is not a copy IMO. Just a different execution of a fairly obvious concept. I think that there very few new ideas, but a lot of redoing previous successful ideas, (the new Ghostbuster movie comes to mind). Really good original ideas are very rare in any industry. Some of that comes from the reluctance of clients to take a chance on something new. Few people are fired for following the same proven path....

Using "mood boards" or "swipe files" is one of the ways of taking work done by others for inspiration or to explain the look of the photo by referencing the existing art, "..it;s the lighting from this Coke ad combined with the location feel of the second season of Game of Thrones...". It becomes a little tricky because sometimes you end up copying copies of copies and not doing original work....it's hard to be inspired by someone AND bring your own spin on their work

There a lot of invitations made to look like boarding passes...

https://vimeo.com/139094998

This is a good watch. Covers how inspiration and ideas and patents are in reality vs what people think they are

Thanks for posting this ... I remember watching at least the first couple of parts years ago; but I don't think I had seen the full video.

The two jeans shots do look very similar but my first impression was just that both these photographers had been watching American Beauty.

American Beauty simply copied Annie Leibovitz's image of Bette Midler after the film The Rose was released

Which I'm sure was inspired from something earlier as well.

.

and She earns on this

yeah you're right Pete; "identical" is too assertive for this discussion...

What do you thing about Koen´s photography?? http://www.koendemuynck.com/

I call this "original work" :)

All the way back in 1970, I was a student at the 'prestigious' School of Visual Arts. I was pursuing a career in somehow blending design with photography as I was convinced that SVA was the place for growth, so I moved from the quiet Midwest to the 'happening' Big Apple. Perhaps it was the Mecca, but It also was the capital of the "steal".
An assignment from the design professor seemed simple enough. Make a magazine campaign for Gain detergent. I took a photo of the product from a low angle, positioned it in the lower right corner of a two page spread of whitefield and used a single headline to promote the concept (in Bookman Italic Semibold, as I recollect) "As White As This Page." My alternative suggestions included an egg, milk and other naturally white objects to say "As White As...". Little did I know that the instructor was on the employed by the agency as director serving the Procter and Gamble account and promptly stole the idea for their creative advertising campaign. When I saw the ads in print a short time later, I had no idea how to react. And yes, I still have my original art to show for the worse. Good old Coyne.
Well, it is 46 years later. I have had a career in both fields of the arts, to some satisfaction, ranging from estate jewelry for Christies to paper bags for King Zak. Quite a run. But even as jaded as I have become, I was surprised to see a steal from Faberge on a wonderful shot of a gem encrusted ring that imitates a stained glass window effect that is difficult to illustrate. It is amazingly similar to the one I shot for Bonhams, just 3 years ago. Astounding!

May you have many years of admiration from all the creative artists on this side of legal.

Thanks for sharing this Menachem, I heard such situations that even won awards!

Imitation or Inspiration ? No one defined yet what is or will be the % of Imitation and the % of Inspiration
in making of an image. Let's do it.