
Left: Page from 12 T y p o graphical Interpretations, Willi Kunz, 1975
Right: Poster for the Yale School of Architecture, Michael Bierut, 2005
The New York media world has been obsessed of late with the story of Kaavya Viswanathan, a Harvard undergraduate who landed a two-book deal for $500,000 from Little, Brown while still in high school. Within weeks of the publication of her first novel, How Opal Mehta Got Kissed, Got Wild, and Got a Life, allegations arose that she had copied passages from books by another young-adult author. Soon schadenfreude-fueled investigators uncovered similaries to still other books. Confronted with the near-duplicate passages, Viswanathan first denied everything ("I have no idea what you are talking about."), then conceded inadvertent wrongdoing ("Any phrasing similarities between her works and mine were completely unintentional and unconscious."), and finally admitted to The New York Times that the problem was her photographic memory ('''I remember by reading. I never take notes...I really thought the words were my own.")
Kurt Andersen, assessing the controversy in New York Magazine, observed, "Plagiarists almost never simply confess. There are always mitigating circumstances."
Well, let me be the first to come clean: I am a plagiarist.
Or am I? About a year ago, I was asked by a longtime client, the Yale School of Architecture, to design a poster for a symposium they were organizing. The event had one of the most cumbersome names I'd ever been asked to handle: "Non-Standard Structures: An Organic Order of Irregular Geometries, Hybrid Members, and Chaotic Assemblies." I was stumped. I described my interpretation of the symposium's theme — the strange forms that can result from computer-generated processes — to one of my partners, Abbott Miller, and he suggested I use a version of Hoefler & Frere-Jones's as-of-yet unreleased typeface Retina. This was a great idea. Designed for very small reproduction on newsprint, the letterforms were drawn with exaggerated interior forms to compensate for ink spread. Blown up to headline size, the font looked bizarrely distorted, but each oddity was a product of nothing more than technical requirements: an apt metaphor for the design work that the symposium would address.
Still, that was a long headline. It was hard to make the letterforms big enough to demonstrate the distortion. I tried a bunch of variations without success. Finally, with the deadline looming, out of nowhere a picture formed in my mind: big type at the top, reducing in size from line to line as it moved down the poster, almost a parody of that long symposium title. And one more finishing touch: thick bars underlining every word. This approach came together quickly. It was one of those solutions that, for me at least, had a mysterious sense of preordained rightness.
And for good reason. My solution was very similar to something I had seen almost 30 years ago, a piece by one of my favorite designers, Willi Kunz. There are differences, of course: Kunz's type goes from small to big, and my goes the other way around; Kunz's horizontal lines change size, and mine do not; and, naturally, Kunz uses Akzidenz Grotesk, rather than a typeface that wouldn't be invented until 2002. But still, the black on white, the change in typographic scale, the underscores: all these add up to two solutions that look more alike than different.
I didn't realize this until a few weeks ago, when I was looking through the newly-published fourth edition of Phil Meggs's History of Graphic Design. And there it was, on page 476, a reproduction of Willi Kunz's abstract letterpress exploration from 1975. I recognized it immediately as something I had seen in my design school days. More recently, it was reproduced in Kunz's Typography: Macro- and Microaesthetics, published just two years ago, a copy of which I own.
Did I think of it consciously when I designed my poster? No, my excuse was the same as Kaavya Viswanathan's: I saw something, stored it in my memory, forgot where it came from, and pulled it out later — much later — when I needed it. Unlike some plagiarists, I didn't make changes to cover my tracks. (At various points, Viswanathan appears to have changed names like "Cinnabon" to "Mrs. Fields" and "Human Evolution" to "Psych," as one professor at Harvard observed, "in the hope of making the result less easily googleable.") My sin is more like that of George Harrison, who was successfully sued for cribbing his song "My Sweet Lord" from an earlier hit by the Chiffons, "He's So Fine." Just like me, Harrison claimed — more credibly than Viswanathan — that any similarities between his work and another's were unintended and unconscious. Nonetheless, the judge's ruling against him was unequivocal: "His subconscious knew it already had worked in a song his conscious did not remember... That is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished."
I find all of this rather scary. I don't claim to have a photographic memory, but my mind is stuffed full of graphic design, graphic design done by other people. How can I be sure that any idea that comes out of that same mind is absolutely my own? Writing in Slate, Joshua Foer reports that after Helen Keller was accused of plagiarism, she was virtually paralyzed. "I have ever since been tortured by the fear that what I write is not my own," said Keller. "For a long time, when I wrote a letter, even to my mother, I was seized with a sudden feeling, and I would spell the sentences over and over, to make sure that I had not read them in a book." The challenge is even more pronounced in design, where we manipulate more generalized visual forms rather than specific sequences of words.
In the end, accusations of plagiarism are notoriously subjective, and some people who have seen my piece and Kunz's side by side have said they're quite different. You can judge for yourself. All I know for certain is that I felt a powerful sense of unease when I turned to page 476 in A History of Graphic Design. That alone compels me to offer Willi Kunz an apology. I just wish for both our sakes that I had a $500,000 advance to offer him as well.
Comments [70]
Nonetheless, to me it's a cold, hard reality that I (and any other working designer) am likely to create work which looks like something else that has already been made. For example, there are only so many letters in the Roman alphabet; what makes communication successful is familiarity to the audience, the ability to decode the message I have created. There is a common vocabulary - verbal and visual - that we rely upon as designers to get our point across.
I think the best that one can do is to be vigilant to inspect ones own work, and to avoid at all costs the conscious mimicry of pre-created forms. When a potential client comes to me requesting that I make their (business card, website, brochure, logo) just "like this one" I tell them why I can't do that and what the alternatives are (find someone who will, or let me help you develop something appropriate that doesn't rip anything off).
My last word is about intention. I don't suggest that harm can't come from good intentions. But there's a difference between intentionally copying someone's work and the alternate of creating something through one's own process that already effectively exists. Plagairism reeks of inability to or disinterest in doing the work.
05.11.06
01:46
Thanks for sharing your admission with us. I can certainly back up from this end that non-intentional plagiarism is one of my main worries in my design career. Having a healthy respect for others' original creations, I don't want to acidentally discover one day that my magnum opus is something I've subconsciously copied.
I find this personally most true as it relates to logos. (Probably because often they're abstracted to such a simple level that it can feel like "everything like this must have already been done before.") On most identity projects, I spend a great deal of time looking at the related logos in the world, not before the project, but after. It's like a double-check system to make sure that I save myself from that "hit in the gut" feeling of opening the morning paper and seeing a 5-year old logo that looks just like the one you designed yesterday.
05.11.06
02:05
I don't find the photographic memory bit very convincing. I seem to recall reading something once about a study showing that people's usage of language is highly individualized, even under pretty limited circumstances. If you show a group even a fairly simple image and ask them just to describe it—not even interpret—the responses will vary a lot more than you might expect.
I kind of wonder how a similar study might be structured for visual work. I suspect it wouldn't be as easy as just handing people a creative brief and telling them to go.
05.11.06
02:20
05.11.06
02:35
"If there is something to steal, I steal it!" Pablo Piccaso
and
"Immature artists immitate, mature artists steal." T.S. Eliot
Were they wrong?
05.11.06
02:54
I remember Mr. Bierut was the guest speaker at a conference, Universal Truths/Universal Myths Truths, that I helped put on a few years back. At that conference, Doug Wadden, the Head of the Design program at the University of Washington, told the tale of how he and Michael had designed a virtually identical poster within weeks of each other without ever seeing the other's work.
This illustrates that we are indeed the sum of experience and environment. Sometimes, the experience just seems to be stronger than we'd ever realized. Its not intentional, nor is it plagerism. Its human.
05.11.06
03:56
This is especially important in the world of software design where the interface is the major differentiator between competing products. Since the technology and code is hidden from the user, the interface becomes the only connection between the software and the human. The interface becomes the software. That needs to be protected.
Lifting someone's interface intentionally is plagiarism. Using it as an inspiration is not. But designers need to be aware of the difference. It's vital for the profession.
05.11.06
04:39
That would certainly jibe with the physical world of creation - if it's made of atoms, you can't really 'create' anything from nothing.
Perhaps this holds true with the conceptual world as well? The problem seems to be one of granularity - make sure your conceptual atoms are small enough grains that they won't be recognized for their source.
I imagine that my book will use all the same words as some other famous author used, some in the same order, perhaps even expressing the same thought. Criminal!
A good exploration of this idea is artist Sven König's Scrambled Hackz, a software that reduces music to tiny unrecognizable grains that can then be used to perform other pieces of music in real time - even speaking voices.
(see http://www.wired.com/news/columns/0,70664-0.html)
05.11.06
04:48
Well low and behold this bookon the same subject as my projectused the same damn trapezium crop! WTF?! It made me sick to my stomach. So perhaps this idea fits within the visual language of the subject somehow and both the book designer and I picked up on it?
Jason, it's any easy distinction to make between influence and plagarism. But the LAW doesn't care even if it's done subconciously. Ask George Harrison. Ask the Flaming Lips, who were sued by Cat Stevens for simlarities between their song "Fight Test" and his song "Father & Son." They are awfully similar and Wayne Coyne of the Lips insisted it was unintentional. Nonetheless, the song's publishing royalties were turned over to Cat (now Yusuf Islam) and he was given writing credit for the song along with the Lips!
05.11.06
05:01
05.11.06
05:19
The limitations of human-ness impose this upon us, and it's scarcely worth prosthletizing over forone, two, three...nine paragraphs?
~Please.~
Your article smacks of "duh."
05.11.06
06:02
05.11.06
07:21
05.11.06
08:21
05.11.06
08:37
anyways... this is definately a tricky subject, especially when it enters the visual realm. what happens when the source is acknowledged. is it only plagiarism when the designer conceals that fact? when is it appropriation? what happens when it enters the art realm and becomes conceptual? anyways.. i have no real answers or insights.. just thought i'd open up the discussion to these questions.
05.11.06
08:49
05.12.06
12:31
My response refrains from making judgments or subjective comparisons on the two works in question. I'm simply curious to know if you have shared your realisation (regarding what you feel are similarities between the two works) with The Yale School of Architecture? And if so, what was their reaction?
Aside from that, I'd just like to add, it's nice to see a post taking the raod less travelled.
05.12.06
03:01
05.12.06
03:05
05.12.06
08:23
Anyway check the definition of plagiarism and make good use of it. "Plagiarism is the passing off of another person's work as one's own"
05.12.06
08:56
Hmmm... evidence of plagiarism, or the simple reality that most "problems" only need to be solved once?
05.12.06
11:48
a wise old sage (well, einstein) once said that the secret to creativity is knowing how to hide your sources... so broadcasting your 'plagerism' about some work only the most anal designers have seen on a very well-read design site is not the best way to keep accidental creative slippages hidden. but then i guess thats the point.
05.12.06
12:51
KF, I heard from my client at Yale. He read this article and the subsequent comments, and asked, "Is there anything out there that is truly original? How can anyone create anything that is not influenced by what that person had previously seen and/or experienced? Is it possible to be a designer while clearing the mind of an entire past?" He also said he liked both pieces.
My guess is that this issue is even more pronounced in architecture. The Gutter regularly reports architectural similarities, uncanny and otherwise, under their "Gutterland Police Blotter" rubric. The same arguments ensue.
Gary, the format of Design Observer was modified from a standard Movable Type template, so no doubt you've seen it before and will see it again. No originality claimed.
Finally as a point of clarification the Willi Kunz piece is not a poster but rather a page from a book of experimental letterpress typography. The side-by-side illustrations above confuse things a bit by making a small thing (page) and a large thing (poster) appear to be the same height, but supported my point more effectively.
05.12.06
01:20
Congratulations on the Gold from AIGA, you deserve it.
05.12.06
01:42
It's funny you should mention how plagiarism applies to architecture- as an architecture student, I thought plagiarism (or mere similarities even)would be more evident in graphic design because you generally see the piece all at once at a scale that allows easier comparison from piece to piece.
As an avid DO junkie, I've noticed the issue of copyright and plagiarism arise numerous times in the past few years (the post on Barbara Kruger "Designing Under the Influence" being one of my all-time favorite posts), though while some may view its frequency in the posts as stale, I beg to differ. I find the topic to be very sensitive and personal (notice how the posts on these topics receive an overwhelming abundance of comments) seeing as how I think there is a small part in all of us that would like to think the epiphany we had at 3am, that project we busted ass on that paid off, the solution that we struggled to find for so long is the product of our own "original" ideas. That being said, I'm sure most of us also hear a voice of reason chime in, reminding us of our own naivete.
And on that note, I'd be interested in hearing some opinions on a slightly different topic: that of similarities in our own individual work. From time to time, when developing a design I wonder if the ideas I'm exploring are merely a different iteration of ideas I've explored previously and in the same way. And if that's true, what am I really learning?
And so my question is this: Where is the line between developing a signature "style" and being stuck in your own aesthetic comfort zone? At what point do our design biases hinder us in exploring new ideas and growing as designers? For graphic design perhaps the answer is easier to pinpoint- if your biases get in the way of communicating your message, then you've missed the boat. And in architecture?
05.12.06
03:08
Fortunately Willi did it better.
Picasso once said, "Good artists copy, great artists steal". As original a thinker as he was, I believe he realized we are the sum total of our experiences and when those experiences inevitably infect our design process, attribution can become difficult (particularly when it comes to the visual).
We designers are fortunate that there has yet to be developed an economical search engine that can seek out visual similarities in our influences. Writers & poets don't have that luxury. When they are discovered they are immediately drawn & quartered (sometimes unfairly).
We could be cynical and say nothing is original anymore, but I'm more optimistic than that. I believe that the greatest art in the world has yet to be created (graphic art or otherwise)
Now when a large body of ones work can be seen as abstracted from the work of other, then a case might be made for plagiarism. The best course of action, when discovered, would be to swiftly confess your sin or at the very least offer it as an homage to your influencer, as Michael has done. Then, be a little more wary of the sources lodged in your brain (or haunted as poor dear Helen).
Regards
MSwaine
05.12.06
03:55
Further, can there really be any individual who has experienced anything identically to any other? To assume that all originality expired long ago is mechanistic and somewhat inane. To be sure, the broader pattern of your life may present similarities to other lives, but has there ever been you before? To abstract the internal monologue of your consciousness--something you cannot necessarily do--and suggest that your conscious and unconscious processes are identical merely because the outward appearance of your life follows a general pattern is reductivist.
Approaching the article as a whole, I'd argue that the thesis is based on a misinterpretation of "plagiarism." Plagiarism does not describe independent discovery. Newton and Leibnitz did not plagiarize each other when they both developed calculus independent of each other but concurrently. I would further say that literary plagiarism is quite different from that of the visual arts, namely because of the breadth of dimensionality of language. This is not to say that visual art is less/more than the literary, it's just to suggest that when you have over a million words in the corpus of the language, and yet paragraphs and paragraphs are identical in two works (one predating the other and widely accessible by the author of the second), it's hard to defend it as mere coincidence.
05.12.06
05:32
Also, this topic interests me but from the perspective of appropriation. Appropriation has been accepted practice in fine art for decades now. Design has never been able to stomach it or accept it. But it could be something interesting for design to look at. (I feel, in a sense, we do it anyway - as Heller says, and Michael eludes to - so might as well recognize it and see where it goes.)
Dutch designer Annelys de Vet has a philosophy about using other designs for her design. You'll have to dig through her site a bit but she has a statement on it.
I also think the model for "original" has changed as the world becoming more and more digital. Napster is gone but once an image or art or whatever is released into the "wild" it can and will be used.
Good ideas want to be free?
05.12.06
07:39
Could we instead call the elements used in both pieces "visual homonyms?"
05.12.06
08:36
05.12.06
11:55
05.13.06
12:03
05.13.06
02:50
even though design work you have seen before will influence you, you can work in a process where by all decisions are based upon your research and the characteristics of the assignment.
designing things which are trendy, or which are based upon aesthetic reasons is an illustrative solution and will lead to unoriginality and "plagiarism." if you design through research and a conscious process you can show anyone what your aesthetic choices are based upon.
05.13.06
05:45
As a visual person, I damn the day that I shut myself into a closet again to keep from being influenced or inspired by other work. It is at least 50% of what makes being an artist/designer a joy in life.
Imagine a world without museums, to save us from inspiration.
The planet is getting far too litigious in the battle for "what's inalienably mine and yours".
Michael, I hope the "idea creep" keeps cycling about. Where would Rodin have been without Michelangelo? And Henri Moore thereafter, Brancusi, et al?
I like the differentiation of inspiration and plagiarism. One is near verbatim, and easily rooted out. The other is human discourse.
05.13.06
06:37
05.13.06
07:24
To my mind, a lot of art history is better understood as a story of recyclings and revivals (and adaptations and extensions) than it is in the usual way, as the story of a bunch of innovators and innovations. Architecture history too: Do we criticize (let alone sue) LaTrobe because he made so much of Washington D.C. look like Athens and Rome?
Overemphasizing originality is, IMHO, a terrible thing to do. It puts pressure on people, makes them nervous, creates crazy stresses ("It's gotta be new!"), and denies much of how life always and everywhere has happened (by evolution, extension, growth, refinement, and repetition). Why not chill out instead, accept our inheritance in a spirit of gratitude, get used to the fact that none of us will ever add more than a few pennies to it, and proceed on, trying to do good and honorable work?
Besides, how far do you take it? When does something become disgraceful copying? Hard to tell sometimes. Can any one hard and fast line be drawn? No writer invented the alphabet, yet they all use it. Composers who create tonal music are all working within a tradition that many, many generations of previous musicians gave birth to and nurtured. Can a contempo writer of mystery stories be sued because he didn't come up with the original "mystery story" template but is only trying to refresh it, or make it work in some other way? Is "stealing a plot" the same thing as "lifting a bunch of sentences"? Should everyone who paints a Cubist picture of a vase and a cigarette package send a donation to the Picasso-and-Braque foundations?
Granted that freshness and originality have their appeal, and can add interest. Still: let's not deny the classical tradition (recycling -- and perhaps elaborating on -- inherited forms), and let's not deny the way life actually proceeds (by repetition and very slow adaptation, with very occasional dramatic breaks). On the other hand: why get dogmatic about how there's nothing new under the sun?
05.13.06
02:03
It's not that Michael doesn't make a good point; it's impossible to escape influence, but what you're talking about is hardly plagiarism.
Everything we do is embedded with that by which we are surrounded.
In a small enough (or large enough) context, Michael, by your definition, every word we writeevery bit of code, evenwould inevitably be stolen from somewhere.
Just consider it paying homage.
Or something.
05.13.06
03:11
That was pretty big of you. Props, man.
I'm pretty sure I wear my influences on my sleeve everytime I draw/design something, but I try to put my own spin on it everytime. Originality is damn hard to achieve and I think in a lot of cases, originality happens by accident, not some grand design. We're bombarded by so much imagery that it's hard not to be influenced somehow. Y'gotta channel all that crap.
05.13.06
03:41
05.13.06
06:42
05.13.06
07:54
What is the difference between plagiarism and influence? My understanding is, plagiarism is a deliberate copying of a work without reference to the originator, whereas, an influence, on the other hand, is informed by the idea (visual, conceptual etc.) but seeks to apply it in different ways. This somewhat ambiguous explanation can potentially generate diverse and distinctly contradictory interpretations (just look at the divided opinions on this post to date). Moreover, the defence of hegemonic power structures can further manipulate and distort our understandings, whereby; an influence for the defendant can become a case of plagiarism for the plaintiff. Therefore we should ask ourselves, who is benefiting from this internalised police mechanism-one in which the fears of ostracism can dictate the creative work we produce?
05.14.06
12:03
05.14.06
01:01
In US graphic design, copying ideas and plagiarism have become so prevalent that for many designers it is now a way of life. Instead of thinking about the project they are supposed to work on, designers customarily mine design annuals and magazines for ideas, a habit that has also spread among students. This constant regurgitating of "stuff" is a reason why graphic design today is in free fall.
Regarding re-purposing one of my typographic interpretation created in Basel in 1973, I wish I could get the $500.000 from you but I don't consider your "plagiarism" serious enough. I have experienced more blatant rip-offs.
Similar ingredients do not produce the same results. All designers essentially work with the same material: letters, numbers, punctuation marks, lines, and geometric elements (the interiority of typography). We could then assume that the work produced with these elements would be fairly uniform. Yet, despite the limited range of materials the typographic expressions created are very diverse. A multitude of outside factors (the exteriority) e.g. the designer's education and personal view, the type of information, the audience, the client, budget, time, etc. all influence the form of a design.
The difference between your design and mine are 30-years of time and a very different design sensibility. The informed reader will recognize this. As you write, your solution came together quickly - and it shows.
Throughout my career I have stayed close to the trajectory of modernism and it has served me well. And there is plenty more to explore.
05.14.06
03:14
The pleasure that comes from the thing we call originality is only the step our visual litteracy takes every time we understand something we didn't before. Don't mind the copy. She announces itself has a failure. And please, my fellow american designer, understand that intelectual property is only discussed when tons of money are involved, and that happens mainly in your country. Your government has already turned legal all idea owners and responsible ISPs to break intimacy and crack personal computers to keep culture locked in a loop, and therefore, controlable.
Taken from http://en.wikipedia.org/wiki/DMCA and some ancient chinese saying I didn't read yet.
Just in case... ; )
Willi! Love your work! Ooooh, I'm in the same blog!!!
05.15.06
02:52
05.15.06
04:59
In nature, nothing is lost, and Man and its culture are a part of the transformation process.
I just don't want culture makers to think copying is stealing and that inspiration, or whatever you want to call the moment you have an idea, is plagium.
Kind regards.
05.15.06
12:54
But that's NOT plagiarism. It's really very, very simple: if this young woman did as I believe she did--as she's accused of doing, and had other books lying open next to her word processor, re-typing them with slight differences to fit her other, surrounding text, she stole. She plagiarized. And if, as the Comics Journal used to show(sans comment)in a regular feature, examples where one illustrator had copied, prop for prop, the exact pose of the figure in the same context, with maybe--maybe!--a change of hairstyle or the type of shoes. Where that second artist was obviously looking directly at an earlier work and trying to crib from it, THAT is artistic plagiarism. NOT dimly remembering a style, approach or even the size of an object in reference to one's own. I just don't see much reason for a head scratching-debate about this. When something's been outright plagiarized in the true sense of the word, "steakling", it's plainly obvious. There's a reason that we don't sue for ideas or generalities, but that the infringement law takes a dim view of recopying paragraphs word for word.
05.15.06
02:45
For example: Michael Bierut did it well this time by intelligently quoting the source.
05.15.06
04:34
Kurt Andersen, assessing the controversy in New York Magazine, observed, "Plagiarists almost never simply confess. There are always mitigating circumstances."
Well, let me be the first to come clean: I am a plagiarist.
Or am I? About a year ago, I was asked by a longtime client, the Yale School of Architecture, to design a poster for a symposium they were organizing. The event had one of the most cumbersome names I'd ever been asked to handle: "Non-Standard Structures: An Organic Order of Irregular Geometries, Hybrid Members, and Chaotic Assemblies." I was stumped. I described my interpretation of the symposium's theme the strange forms that can result from computer-generated processes to one of my partners, Abbott Miller, and he suggested I use a version of Hoefler & Frere-Jones's as-of-yet unreleased typeface Retina. This was a great idea. Designed for very small reproduction on newsprint, the letterforms were drawn with exaggerated interior forms to compensate for ink spread. Blown up to headline size, the font looked bizarrely distorted, but each oddity was a product of nothing more than technical requirements: an apt metaphor for the design work that the symposium would address.
Still, that was a long headline. It was hard to make the letterforms big enough to demonstrate the distortion. I tried a bunch of variations without success. Finally, with the deadline looming, out of nowhere a picture formed in my mind: big type at the top, reducing in size from line to line as it moved down the poster, almost a parody of that long symposium title. And one more finishing touch: thick bars underlining every word. This approach came together quickly. It was one of those solutions that, for me at least, had a mysterious sense of preordained rightness.
And for good reason. My solution was very similar to something I had seen almost 30 years ago, a piece by one of my favorite designers, Willi Kunz. There are differences, of course: Kunz's type goes from small to big, and my goes the other way around; Kunz's horizontal lines change size, and mine do not; and, naturally, Kunz uses Akzidenz Grotesk, rather than a typeface that wouldn't be invented until 2002. But still, the black on white, the change in typographic scale, the underscores: all these add up to two solutions that look more alike than different.
I didn't realize this until a few weeks ago, when I was looking through the newly-published fourth edition of Phil Meggs's History of Graphic Design. And there it was, on page 476, a reproduction of Willi Kunz's abstract letterpress exploration from 1975. I recognized it immediately as something I had seen in my design school days. More recently, it was reproduced in Kunz's Typography: Macro- and Microaesthetics, published just two years ago, a copy of which I own.
Did I think of it consciously when I designed my poster? No, my excuse was the same as Kaavya Viswanathan's: I saw something, stored it in my memory, forgot where it came from, and pulled it out later much later when I needed it. Unlike some plagiarists, I didn't make changes to cover my tracks. (At various points, Viswanathan appears to have changed names like "Cinnabon" to "Mrs. Fields" and "Human Evolution" to "Psych," as one professor at Harvard observed, "in the hope of making the result less easily googleable.") My sin is more like that of George Harrison, who was successfully sued for cribbing his song "My Sweet Lord" from an earlier hit by the Chiffons, "He's So Fine." Just like me, Harrison claimed more credibly than Viswanathan that any similarities between his work and another's were unintended and unconscious. Nonetheless, the judge's ruling against him was unequivocal: "His subconscious knew it already had worked in a song his conscious did not remember... That is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished."
I find all of this rather scary. I don't claim to have a photographic memory, but my mind is stuffed full of graphic design, graphic design done by other people. How can I be sure that any idea that comes out of that same mind is absolutely my own? Writing in Slate, Joshua Foer reports that after Helen Keller was accused of plagiarism, she was virtually paralyzed. "I have ever since been tortured by the fear that what I write is not my own," said Keller. "For a long time, when I wrote a letter, even to my mother, I was seized with a sudden feeling, and I would spell the sentences over and over, to make sure that I had not read them in a book." The challenge is even more pronounced in design, where we manipulate more generalized visual forms rather than specific sequences of words.
In the end, accusations of plagiarism are notoriously subjective, and some people who have seen my piece and Kunz's side by side have said they're quite different. You can judge for yourself. All I know for certain is that I felt a powerful sense of unease when I turned to page 476 in A History of Graphic Design. That alone compels me to offer Willi Kunz an apology. I just wish for both our sakes that I had a $500,000 advance to offer him as well.
05.15.06
08:35
Mr. Bierut writes that, in designing a poster, he has been influenced (he refers to himself harshly as a "plagarist") by Mr. Kunz - to the extent that he feels the need to apologize. Mr. Kunz posts his acknowledgment of that influence and his understanding of the differences between the two pieces in question.
I am a bit surprised that no one has mentioned that Mr. Kunz's piece was arguably influenced by Mr. Weingart.
I wonder if this addition to the discussion would insert a new perspective or merely extend it in its current trajectory. At the very least, it might mean that Michael doesn't need to apologize after all. The family tree of influence has deep roots indeed.
05.16.06
12:36
05.16.06
03:03
I enjoyed your comment regarding individual style. I think biases come from comfortable solutions to repeated problems. Once you solve it particularly well, it's easy to keep doing it that way. I don't think you learn unless one actually plays with the conceptual aspects of the design elements.
To keep myself in check, I use the "domino review" as taught in undergrad studio arts by Bill Welu (MFA, Notre Dame):
You simply lay down each of our own visual output like dominoes. Your first study goes on the center of the floor. (The height is necessary to get perspective.) Your second study/piece is placed next to it. The third is placed next to the one containing the most similar design elements, and so on. The actual order of creation is arbitrary, just a starting point. Each offshoot becomes a path with all your own answers to a specific situation. At the end of each brach is a piece with all variations leading up to it. This formally identifies the similarities within your own work by categorically differentiating it.
You get a sense of your individual "style" rather quickly. Page texture, color sensibilities, imagery are a few things that are easier to identify. The harder things are like "line quality," where it's easier to see how sensitive an artist may be by examining their body of work. The designer's vocabulary differs because of the execution: it's a culmination of weight, whitespace within a typeface and layout; not simply a light-weight font selection. Heck, line quality for a graphic designer is almost a direct result of the printer!
It might suprise you how much you rely on certain techniques, elements and arrangements. These are what you generally identified as a solution to recurring design problems that you face. (Not everyone faces the same problems, not everyone uses the same solutions.) You see patterns of aptitude and areas that need improvement.
I consider it a personal responsibility for the artist or designer to push ALL the areas you identify (strengths and weaknesses) to a new level of abstraction on their own, aka PLAY WITH IT.
When you make a discovery about your own work, there usually follows some kind of philosophical inquisition/resolution, too. Do we copy ourselves? Yes. But, by definition, we cannot plagarize ourselves.
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A connection I see to Mr. Beruit's piece, is Barbara Kruger's work: horizontal bars wth sans-serif text. Here the bars are black and adjacent to the text, but they carry equal page weight as italicized red ones.
Whenever I see computer highlighting around text (be it CSS backgrounds or mouse highlighting) I cannot help but think of graphic design's earlier text-boxing contributions.
05.16.06
01:12
I use other people's art as inspiration, designs or not. Is it wrong? I don't think so. It helps kick start your brain, maybe it makes you think of a problem a different way. It's like brainstorming. Is it plagiarism if you're talking to someone about a design problem and they have an idea that triggers a resolution? We're expected to produce designs in such short amounts of time, sometimes there's no time to search to make sure what you're doing hasn't been done before. A poster lives for a month or 2, then it's gone. A logo it's a bigger issue, it may live forever. This "plagiarism" will never stop unless you move into a cave. Any type of stimuli influences us, from colors to music to designs, to furniture and architecture. A good designer takes those influences, uses them as stepping stones and builds from that.
05.16.06
01:23
I was thinking it also has strong connections to the Constructivist, De Stijl, Moholy-Nagy typographic work with bars and, perhaps more so, specifically to the Polish constructivists and Mechano-faktura.
Meggs says about Polish designer Berlewi: "Believing that modern art was filled with illusionistic pitfalls, he mechanized... graphic design into a constructed abstraction that abolished any illusion of three dimension. This was accomplished by mathematical placement of simple geometric forms on a ground."
So, designers now work on machines which function based on math and we tend to do geometric forms on a ground.
We create based on the past. No problem. Just know your history and know the roots of the visual language you use.
05.16.06
01:46
05.16.06
02:36
Like most such conversations, plagiarism, copying, and copyright infringement have been confused in this discussion. They do not differ by percentages or degrees. They are different realms.
Plagiarism is the use of others' work as one's own. Plagiarism is not copying, it is the lie of claiming (explicitly or implicitly) to have created something that someone else in fact created. You can find some discussion of this in "Generation Ex" in Step inside design volume 21 number 4, July/August 2005 (and, last time I checked, on the Step website), my article that grew from another DO copying discussion.
The term "plagiarism" also covers instances of a lack of due diligence where another's work is presented as one's own by mistake so conscious decision is not required for plagiarism.
Copyright infringement is strictly a legal matter but there is, contrary to art school urban legend, no percentage where copyright fades away (copy 10% or redo 10% seem to be the legendary magic numbers but I've never found anyone who could explain how one could make such calculations even if the claim were true.)
One can infringe on a copyright without plagiarizing and one can plagiarize without infringing copyright.
in North America our obsession with rewarding the 'originater' and our subsequent copyright and patent laws generally stifle both creative and technical development
US copyright laws were originally very limited and had the clear intent of encouraging creative development. European (and IP corporate) influences have changed the basic notion from limited protection of expression to "moral rights."
05.16.06
06:06
05.16.06
07:08
I'd argue that hardly anything is an original concept these days. A particular designer's style is something which is borne from experience and the output on any particular job starts out with the designer's methodology.
So how can one have millions of snapshots of ideas and images in their head and not be influenced by them? I'd argue that it's almost impossible. I mean as a designer, I've pretty much trained myself to take 'snapshots' in my head of everything and anything that catches my eye and (hopefully) store it for later use. As a junior working you're way up under different senior designers and art directors, you're style of work is often dictated by their direction ... this too has the potential to leave an impression on your design approach.
So ... the intention ... is it black and white or are there shades of grey? Is is plagiarism to be 'inspired' by and use a style/technique? For instance if I see something I really like - I might potentially incorporate the essence of it into a project but my intention would never be to blatantly rip it off. Perhaps it comes down to people's definition and degrees of intention. Here's an example ... I've worked in newspapers in my times as a freelancer and under the pressures of daily deadlines I've often had to "dig deep" for ideas - how many ways is there to illustrate the same subject matter? Under these circumstances, I'm pretty sure I've incorporated some ideas and techniques I've seen in the past whether it be something from a magazine or some image or montage I've seen somewhere else.
So is this plagiarism?
These days I hardly ever look through books before I start a job so its not like I look at something and say "Wow, this looks really great I'm going to do this...". The intention isn't there but what's to stop me from using ideas I've stored away in my mind - is it any different from the above? Probably not but as always, for me, its the intention.
05.16.06
10:21
Surely the problem with plagiarism is merely that we live in the age of the individual and being egotistical little nerds we comfort ourselves with the incredible conceit of artistic "Genius. This solves several issues, it provides an instant pecking order good for business and good for youthful ambition (I've just got to be a somebody...)
This externalising or "worship" then becomes even more distorted when the proponent becomes less human - achieved by being: Foreign, Exotic or Dead and if your all 3 thats real genius material.
Essentially what Im getting at is that in a world of strictly only a few ideas plagiarism is enivatable, or as a genius once said "it's only a problem if you make it a problem"
05.17.06
09:45
05.17.06
01:25
With plagiarism, you're passing off anothers work as your own; that is the key feature of plagarism.
I was only 13, but I can look at the Kunz original and think, "Oh yeah, 1975."
To me, that means that others were working with similar elements in that same year. In 18th century, many composers worked in sonata-allegro form. In the 20th century, many people played the blues. Both forms are points of departure. I'd say your work is derivative, maybe, but not plagiarism.
05.18.06
11:36
05.18.06
10:12
Coming up with something original? now that IS difficult. Coping somebody else's idea? - less - the art is not letting on to your influences, somehow 'disguising' the original in some other form, but you have to be good, sure, there are many who get away with it. It's fun, like an in-joke (often at a clients expense). but it does get a bit boring if for the most part it's the only means to an end - 'oh! yet another Paul Rand idea.......'
Over the years I've collected a lot of these 'similarilities', some are classics, though I've still to research the true intents. origins and the whys behind them......hmmm...now that would make an interesting design book.
05.19.06
08:37
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08:33
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02:15
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07:28