Tuesday, 24 February 2015

Essay 55
Mohammad Reza Jafari-Fini

The question I decided to come up with after reading the essay I had chosen was this:


IS ART AND PRODUCT DESIGN A TYPE OF PLAGIARISM?



When thinking of the answer to this question without doing any research had many different thoughts so I decided to write a couple points for against and for.


Against

Purely influence
One can argue that nothing in the world is actually original and that plagiarism is everything and everywhere.

No idea is original no matter when or how you came up with it.

Graphic design was created in Egypt
No sense of plagiarism back then because any design or work that was created was original.

No matter what you add to design so colour animal font comes from your own perspective and opinion and can just be a basic idea from no influence. Which is how you make it your own.

For

Any influence/inspiration derived from others to create your own idea is plagiarism because you’re using someone’s idea to build your own.

After just writing a few points down which came in to my head I decided to start doing some research on the topic. Personally I believe that art and product design is not a type of plagiarism which is why I'm going to try and back up this point. 


Different research I looked in to and found that could be useful to use in my essay

When looking at chapter 69 of the book, the chapter was called, "Copyright, Appropriation, Plagiarism and Code of Ethics". Which can be found at the link below.
http://guity-novin.blogspot.ca/2013/08/appropriation-and-plagiarism-and-code.html



"Another "artist" that has "appropriated" wholesale from other artworks was Elaine Sturtevant, who in the 1960s tried to reproduce, ‘as exactly as possible’,the works of her contemporaries, including Roy Lichtenstein, Claes Oldenburg, Jasper Johns, Frank Stella and Andy Warhol. She aimed to use the same techniques they used, and in some cases enlisted their aid: on at least one occasion, Warhol lent his screens for her copies of his silkscreen works. Sturtevant has said that in the 1960s, she usually allowed in one ‘mistake’ which distinguished her product from the original work. But in general, the results were very close to the originals."




Guity Novin. (). Copyright, Appropriation, Plagiarism and Code of Ethics. Available: http://guity-novin.blogspot.ca/2013/08/appropriation-and-plagiarism-and-code.html. Last accessed 20th Feb 2015.

This quote below is from http://www.pablopicasso.org/



"Les Demoiselles d'Avignon was Picasso's first masterpiece which introduced the cubism form to the world. The painting depicts five naked women with figures composed of flat, splintered planes and faces inspired by Iberian sculpture and African masks." 



The image is from:

Unknown. (2009). Les Demoiselles d'Avignon, 1907 by Pablo Picasso.Available: http://www.pablopicasso.org/avignon.jsp. Last accessed 19th Feb 2015.

The quote below is from: http://www.pablopicasso.org/blue-period.jsp

"The Blue Period of Picasso is the period between 1900 and 1904, when he painted essentially monochromatic paintings in shades of blue and blue-green, only occasionally warmed by other colors. These somber works, inspired by Spain but painted in Paris, are now some of his most popular works, although he had difficulty selling them at the time. Picasso settled in Paris in 1904, having spent a few difficult years with no fixed studio and little artistic success. While back in 1903, he had produced his Blue Period works, which seemed to reflect his experience of relative poverty and instability, depicting beggars, street urchines, the old and frail and the blind."



The quote below is from: http://businessetc.thejournal.ie/apple-sues-samsung-over-iphone-design-plagiarism-123466-Apr2011/


"APPLE HAS FILED legal action against Samsung, claiming that the design of the latter’s Galaxy smartphones and tablet computers infringe the trademarked design of its iPhone and iPad.
In a complaint filed in a court in California, Apple said Samsung’s devices infringed a number of patents taken out by Apple – including the pinch-to-zoom feature popularised by the iPhone – while also arguing that Samsung’s products deliberately imitated the “look and feel of its own”.
“Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” the Wall Street Journal quoted the filings as saying." 

The quote below is from: http://www.economist.com/node/21561912

"NOT LONG after a jury in the Californian city of San Jose concluded on August 24th that Samsung should pay Apple just over $1 billion in damages for infringing six of the American firm’s software and design patents"


The quote below is from: http://jimsmarketingblog.com/2012/10/01/what-is-inspiration-steve-jobs-and-picasso-provide-some-insights/



"An even better example is the invention of the tablet computer. The idea behind the tablet devices we see today, was inspired by at least 2 existing ideas: The clay tablets used 3,000 years ago and the modern notebook / laptop.
Little, if anything, is truly new. We should understand and embrace this idea, if we want to remove one of the biggest barriers to creative inspiration. We just need to remember that there’s a big difference between stealing ideas to create something new – and copying or ripping off an existing idea."

The quote below is from: http://www.crystalspring.co.uk/articles/a-brief-history-of-deodorants

"Deodorant in its current commercial form has only existed a hundred years or so, and since the invention of this first official ‘deodorant’ it has evolved and improved tremendously. This first deodorant was MUM invented in 1888 and was a cream that was applied using fingertips, the manufacturers of MUM also invented the roll-on applicator some years later after being inspired by the Ball-Point pen. The first Antiperspirant was EverDry introduced in 1903. EverDry was so acidic that it ate through clothing and even modern Antiperspirants are known to damage clothes by leaving permanent yellow stains in the armpit area."

The quote below is a quote from Steve Jobs which I found on : http://www.brainyquote.com/quotes/quotes/s/stevejobs416925.html 


"Creativity is just connecting things. When you ask creative people how they did something, they feel a little guilty because they didn't really do it, they just saw something. It seemed obvious to them after a while. That's because they were able to connect experiences they've had and synthesize new things."
I also found the quote from Steve Jobs on several other websites

This quote below is from: 
Jim Connolly. (2014). What is inspiration? Steve Jobs and Picasso provide some insights. Available: http://jimsmarketingblog.com/2012/10/01/what-is-inspiration-steve-jobs-and-picasso-provide-some-insights/. Last accessed 19th Feb 2015.

"A well known example of the kind of inspiration that Steve Jobs was talking about, comes from the creator of the underarm, ball deodorant. He was inspired by the way ink flowed from a ballpoint pen and saw how the process could be applied to any liquid with similar properties. As you know, the underarm deodorant went on to become one of the most popular hygiene products in history."

The quote below is from: http://thejakartaglobe.beritasatu.com/archive/fashion-confusion-plagiarism-or-inspiration/


"The list of plagiarism battles in the fashion industry is long. Ivanka Trump was once challenged by Derek Lam for her Caddie wedges. The famous Kate Middleton’s wedding gown by Sarah Burton was said to have copied the one worn by another royal, Isabella Orsini, two years earlier. Then who can forget the Louboutin vs. Yves Saint Laurent court saga over red sole shoes? We can still witness that legal fight between Gucci and Guess over the interlocking “G” pattern.
Where does this lead? The gray zone, where inspiration and plagiarism are separated with a blurred line. Yes, in this industry, there’s nothing really new. Designers refer to one another, make some tweaks here and there and voila: A trend is created and this is what makes fashion exist."

When looking at these two items one from H&M and one from Zara I really do not see much of a difference in the tank top but the colour.

This image is from:

Unknown. (). Zara Cotton Tank Top. Available: https://www.google.co.uk/search?q=h%26m+white+top&espv=2&biw=1135&bih=575&source=lnms&tbm=isch&sa=X&ei=pFXvVO6pM6HC7AaG0oGwBQ&ved=0CAYQ_AUoAQ#tbm=isch&q=zara+tank+top&imgdii=_&imgrc=K50j-AyvGJ0dVM%253. Last accessed 23th Feb 2015.


This image is from: Unknown. (). TOPS. Available: http://www.hm.com/us/subdepartment/LADIES?Nr=4294962278. Last accessed 22th Feb 2015.



As you can see they are practically the same but the colour and that makes me wonder should that not be considered as plagiarism. 

The quote below is from: http://www.theverge.com/2014/12/7/7349715/ralph-baer-father-of-video-games-dies-at-92



"The man largely credited as "the father of video games" has died at age 92, according to a report from Gamasutra. Ralph Baer, a German immigrant and inventor, created the very first home video game console in the late ‘60s. It was simply called the "Brown Box," and it later came to be known as the Magnavox Odyssey in 1972 after he licensed out the design.
The device set the footprint for home consoles to this date: a computer in a box that was manipulated with controllers and connected to a television. He also developed a "light gun" controller that was bundled with a shooting game. It is widely believed to be the first-ever video game peripheral. Later, he designed the Simon pattern-matching electronic toy that's still available today."

The quote below is from: http://www.digitalartsonline.co.uk/features/illustration/how-protect-yourself-against-design-plagiarism/



"Just because someone had the same idea as you does not necessarily mean it is copyright infringement. Plagiarism is illegal; influence and coincidence are not.
“There is no copyright in an idea or style. There’s only copyright in the composition of an image – how it’s laid out, the way it’s drawn and the way it’s designed,” Matthew said. (This is also an important thing to keep in mind if you yourself are accused of infringing another artist’s copyright.)
If someone’s work looks like your work but isn’t an exact copy, there’s not much you can do about it. Even if you are sure they referenced your work in some capacity, that is easily disputable.
However, “a small but still key part of the work can still be a substantial part of the work,” Matthew pointed out. “There is no set percentage amount that can be referenced or can be copied for something to be a new work and not infringe copyright,” he said, but rather it is up to the discretion of the judge."

The quote below is from: http://naldzgraphics.net/design-2/drawing-the-line-inspiration-or-plagiarism/



"When Picasso said that “good artists copy”, he actually meant that good artists imitate others ideas, get inspiration from it and make their designs. The output couldn’t be as good as the original or it could even be better than the original work. In order to start a design, one would copy something and use it as a model. It is then dissected and analyzed, giving credit to the original artist.
Things around us are actually copied. The idea of airplanes came from birds. Most of the stuff around us is created through a study of nature. Up to this day, it is a common knowledge that the idea of airplanes was coined from birds. The birds still have the credit. People are not originalist, we are enhancers and developers. That is what Picasso meant by saying good artists copy.
Great artists steal. Some may say that “how could stealing make one great and a lot better than those who merely copy?” Looking at the idea on the artistic side, stealing means that the artist used the original work and transformed it into something that he already named his own. In doing so, no credit to the original artist is given.
Picasso meant that great artists steal designs which are not popular and then hides the source. The artists grope into forgotten, unnoticed and lost designs transforming it into a much better piece. It is like looking for stones that hides a precious jewel inside it. When the artist gets it, he then breaks the stone open and takes away the jewel making it his own.
Great artists are never caught stealing for they are able to convert the designs meticulously. No one will ever notice that they actually stole it. They don’t merely create a replica but generate an original piece which actually came from a different work. That’s what makes them great artists."

The quote below is from: http://naldzgraphics.net/design-2/drawing-the-line-inspiration-or-plagiarism/



"Aaron, in his blog When does inspiration become plagiarism? said that “every designer’s dirty little secret is that they copy other designers’ work. They see work they like, and they imitate it. Rather cheekily, they call this inspiration. ” Well, this could mean that each and everyone of us really look into other’s design for inspiration.No one is exempted. Sometimes, we can even be guilty of plagiarism.
While working on this article, I came by a comic about plagiarism which says “Copying one idea is plagiarism but copying a lot of ideas is research.” If we refer to Picasso’s quote once again, stealing from discrete sources make this statement true. So, research well and be a great artist."

All this research was used in to me thinking about what my thoughts are on plagiarism and different aspects about it and then for me giving my opinion in my essay.

Such as:

Inspiration, pure creativity, imitation and borderline Plagiarism. Which you will see me discuss in my essay.

What I decided to do was write my self a list of instructions so I would know what I could talk about in my essay, but this could change in my essay as I am writing it because I might come up with better ways to write it

Intro (200 words)
·      .What is plagiarism
·      .Describe the definition of plagiarism
·      .Put in a FOOTNOTE, the ACTUAL definition of plagiarism
·      .Briefly include how they are different elements that are mistaken for plagiarism such as pure creation (idea must come from somewhere), inspiration, imitation
·      .Then briefly include the different interpretation
·      .However, arguments arise about how plagiarism is everywhere

First paragraph
·      .Pure creation - any type artists/designs – Picasso, very vivid and original – used events as a path to his creation – not peoples ideas, pure creation, outside of the normal, cannot be considered as plagiarism

Second paragraph
·      .Inspiration – using someone’s success or creation/invention as a base for your own ideas, your own inspiration for your own future – using a figure to begin your success, not necessarily using their exact path but using parts of it.

Third paragraph
·      .Imitation – USE THE SITE WITH MARILYNN MANROW. Not exact copy but imitating the ideas. .Talk more about how artists/desgins (Samsung and iphone) imitate each other to create their own product or art form, and therefore cannot be penalised for plagiarism. But then again isn’t it? If we go by exact definition, then yes it is, if we got by personal interpretation, then maybe it isn’t.

Fourth paragraph
·      .Different interpretations of plagiarism –

Fifth paragraph
·      .Borderline plagiarism – small details can determine whether or not a product or an art form is considered plagiarism, techinically using every little detail and only changing one, is considered plagiarism. Iphone and Samsung LAWSUIT

In a lawsuit, which happened between Apple and Samsung, Apple said that Samsung devices breached a lot of patents taken out by Apple including the pinch to zoom feature, which is very popular because of the iPhone and that there products are imitating the look and feel of their own products.

 Sixth paragraph
·      No originality –

Conclusion (200 words)

The above structure is not something i'm going to keep 100% and things might be changed in my essay such as me taking away things which I wrote above or me even adding things which I haven't written above. 

My essay is in a PDF uploaded on to moodle.