Is this art theft Escapist?

[Furrama]

So I was browsing the T-shirts (because I want a MMORPGER shirt so hard) and i came across this shirt: http://www.splitreason.com/productdetail.php?id=688

The inner graphic designer (actually I really am one, I'll have that degree come spring time) in me went 'hang on... I've seen that skull before': http://chipchick.com/wp-content/uploads/2007/01/skull_candy_pink.JPG

Now sure, it's been changed up a lot- grit and splatter has been added, it's been flipped around, points have been made less sharp but the foundations are still there. I mean, I recognized it and I wasn't looking for it. I know a skull's a skull and I shouldn't be so picky but this one looks so close I can't help but think it's been either: A. stolen or B. heavily reffed. I suppose it's possible that it's a complete accident, but it's not coming across that way. I'm sure that the Skull Candy owners would look at it twice.

Shame on you Escapist graphic designers, Iseewhatyoudidthar. O.O

 

[the_tramp]

Whilst there are similarities, I believe you answered your own question. A skull looks like a skull.

 

[PedroSteckecilo]

OP makes a good point, the design is very, very similar, right down to the skull curvature and the stylized gap in the eye sockets. Only the escapist version is distorted from the splatter marks so you can't see similarities in the mouth/teeth.

 

[Furrama]

Whilst there are similarities, I believe you answered your own question. A skull looks like a skull.

Yes, but the skulls are both stylized, and in pretty much the exact same way and the exact same viewpoint. A bunny is a bunny, but it can be drawn in different ways.

 

[sirdanrhodes]

We care...

As long as the T-Shirts are good, I buy.

 

[xitel]

Whilst there are similarities, I believe you answered your own question. A skull looks like a skull.

Yes, but the skulls are both stylized, and in pretty much the exact same way and the exact same viewpoint. A bunny is a bunny, but it can be drawn in different ways.

Who's to day it's not an homage? Or a coincidence?

 

[PedroSteckecilo]

I would argue against coincidence, just because of WHERE the similarities lie. The skull on the shirt is flipped, enlarged and distorted with splatter but pay attention to the following.

1. The Shape and Stylized Break in the eye socket on the right eye of the shirt skull/left eye of the skull candy skull.

2. Note the curvature on the top of the skull, both sweep back in the same direction and have the same shape of divet in the side.

Also it is important to point out that The shirt skull is both thinner and taller in appearance, which may indicate simple stretching of the image.

 

[Cerest]

I would argue against coincidence, just because of WHERE the similarities lie. The skull on the shirt is flipped, enlarged and distorted with splatter but pay attention to the following.

1. The Shape and Stylized Break in the eye socket on the right eye of the shirt skull/left eye of the skull candy skull.

2. Note the curvature on the top of the skull, both sweep back in the same direction and have the same shape of divet in the side.

Also it is important to point out that The shirt skull is both thinner and taller in appearance, which may indicate simple stretching of the image.

*tinfoil hat time*

Come on, really? You think they just put a ton of money into new designs and decided to rip off a design from a product nobody has heard of? It's a skull. How many ways do you think you can design a skull exactly?

 

[The Random One]

It's not the same. The Escapist one is much closer to a profile, which is why the outside bleeds into the eye. The Skull Candy one is looking more directly ahead, but there's a deliberate like in the eye forcing it to bleed outwards. The shape of the eyebrow are is also very different if you look really closely, more than you can explain by 'let's blurry it a bit so no one knows where it came from'. Also, I don't think the Escapist would bother stealing a stylized skull when anyone with basic graphic designer skills can create one in a heartbeat. It's far more likely that both places (I don't really know what skull candy is, so I'll assume it's a 'place' and not, er, candy) just started with the same skull from some stylized images resource place and worked their way up, so they look similar.

 

[Galletea]

I would argue against coincidence, just because of WHERE the similarities lie. The skull on the shirt is flipped, enlarged and distorted with splatter but pay attention to the following.

1. The Shape and Stylized Break in the eye socket on the right eye of the shirt skull/left eye of the skull candy skull.

2. Note the curvature on the top of the skull, both sweep back in the same direction and have the same shape of divet in the side.

Also it is important to point out that The shirt skull is both thinner and taller in appearance, which may indicate simple stretching of the image.

With my Skullcandy headphones resting over my laptop screen, I completely agree. It's almost definitely the same.

 

[L.B. Jeffries]

Does Skull Candy actually have that thing copyrighted or is it just some graphic designer's property?

*edit*

Read Pedro's post below and revised.

 

[PedroSteckecilo]

In Canada you can as a matter of fact. Logo's are owned property under Copyright Law.

However there is the possibility that this is an Artist Owned logo and not a corporate owned one and it was purchased by The Escapist AND Skull Candy.

I know a lot of Graphic Designers and that is the word of it, a lot of money can go into designing those things hell Fonts can be copyrighted.

 

[Erana]

Get outta my head!
Get Outta My Head!

Yeah, I thought the same thing. Galletea, where is the Copyright mark on the skullcandy skull located?

 

[PedroSteckecilo]

Interestingly the skull candy LOGO does not appear to have a copyright on it.

 

[L.B. Jeffries]

Interestingly the skull candy LOGO does not appear to have a copyright on it.

Yeah...I'm cursing Google right now. They have a search engine for patents that clears this stuff up pretty quickly but it looks like copyrights are too enormous.

 

[Galletea]

I think it's only the name that's copyrighted. I tried to find the paperwork but I must have binned it.
It's just odd that they'd pick a skull that was linked to a big brand already.

 

[fix-the-spade]

Yeah, I thought the same thing. Galletea, where is the Copyright mark on the skullcandy skull located?

Top right of the Y
Yes that Skull is their corporate logo and yes they own it.

The OP might want to drop skullCandy a line with a link to that. On the one hand there's "a shull is a skull," Then again there's a skull is a skull but nothing like the stylised skull that this is functionally identical too save a horizontal flip...

Escapist might want to have a word with it's graphic designer.

Come on, really? You think they just put a ton of money into new designs and decided to rip off a design from a product nobody has heard of? It's a skull. How many ways do you think you can design a skull exactly?

You underestimate the popularity of SkullCandy audio solutions. Also, yes, happens all the time, people are lazy and think they can get away with it. Not saying that this is certainly the case here, but it does happen.

 

[PedroSteckecilo]

Yeah, I thought the same thing. Galletea, where is the Copyright mark on the skullcandy skull located?

Top right of the Y
Yes that Skull is their corporate logo and yes they own it.

The OP might want to drop skullCandy a line with a link to that. On the one hand there's "a shull is a skull," Then again there's a skull is a skull but nothing like the stylised skull that this is functionally identical too save a horizontal flip...

Escapist might want to have a word with it's graphic designer.

That's a trademark in regards to the name though, the Logo usually has it's own Copyright.

 

[Galletea]

Top right of the Y
Yes that Skull is their corporate logo and yes they own it.

That's a trademark in regards to the name though, the Logo usually has it's own Copyright.

I can't see a trademark on the skull, and there isn't one on the sticker that came with them, so I guess it's someone else's.

 

[PedroSteckecilo]

Trademark is a term used to denote ownership of words in specific context. Copyright is different.

Example:

Final Fantasy is trademarked by Square Enix in regards to Videogames.

There is however a musician who uses the name Final Fantasy, because it has nothing to do with videogames.