August 2003
Can a copycat change its spots?
Damien Hirst, the artist renowned for winning the 1995 Turner Prize with pickled animals, has been accused of plagiarism once again. The drawing, a pattern of circular dots, produced by Hirst for The Guardian colouring book is said to be copied from an original piece by Robert Dixon, a computer graphics designer.
This is not the first time Hirst has been faced d with a claim that he infringed another copyright. Two years previously he was forced to make a "goodwill payment" to the original designer of a plastic toy which he enlarged to make a enormous torso sculpture.
On closer inspection of the two dotty designs, it becomes apparent that the patterns have some differences and could not be classed as identical. However, contrary to popular belief, copyright infringement can still occur where designs are in some way distinct. The House of Lords in 2000, relaxed the requirement that the copy must be identical, and instead set the question to be "Whether or not the essence of the original has been taken and plagairised". This relaxed standard for infringement affords greater protection to the creator, and a bigger deterrent for plagiarists
To answer to the question, "Can a copycat change its spots?" the answer is "Yes, but only if the changes are significant enough."
BRIFFA COMMENT:
Copyright prevents someone copying another's work. Work is not infringed by someone who comes up with the design independently. The designer may have to show that the design was independently generated - perhaps by evidence showing the stages of creation.