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Paperboy  Posts: 43 Joined: 24 Jul 2008     | |
Infamous Scribbler  Posts: 668 Joined: 16 May 2008    | Whilst there are similarities, I believe you answered your own question. A skull looks like a skull. |
On the Record  Posts: 5973 Joined: 7 Feb 2008    | 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. |
Paperboy Posts: 43 Joined: 24 Jul 2008 |
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. |
Gone Gonzo  Posts: 3956 Joined: 7 Nov 2007   | We care... As long as the T-Shirts are good, I buy. |
On the Record  Posts: 5491 Joined: 13 Aug 2008  |
Who's to day it's not an homage? Or a coincidence? |
On the Record Posts: 5973 Joined: 7 Feb 2008 | 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. |
Paperboy  Posts: 29 Joined: 18 Sep 2004    |
*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? |
Press Junketeer  Posts: 453 Joined: 29 May 2008   | 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. |
Gone Gonzo  Posts: 2585 Joined: 27 Sep 2008   |
With my Skullcandy headphones resting over my laptop screen, I completely agree. It's almost definitely the same. |
Gone Gonzo  Posts: 2487 Joined: 29 Nov 2007     | 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. |
On the Record Posts: 5973 Joined: 7 Feb 2008 | 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. |
On the Record  Posts: 5012 Joined: 28 Feb 2008   | Get outta my head! Yeah, I thought the same thing. Galletea, where is the Copyright mark on the skullcandy skull located? |
On the Record Posts: 5973 Joined: 7 Feb 2008 | Interestingly the skull candy LOGO does not appear to have a copyright on it. |
Gone Gonzo Posts: 2487 Joined: 29 Nov 2007 |
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. |
Gone Gonzo Posts: 2585 Joined: 27 Sep 2008 | I think it's only the name that's copyrighted. I tried to find the paperwork but I must have binned it. |
Gone Gonzo  Posts: 4601 Joined: 25 Feb 2008   |
Top right of the Y 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.
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. |
On the Record Posts: 5973 Joined: 7 Feb 2008 |
That's a trademark in regards to the name though, the Logo usually has it's own Copyright. |
Gone Gonzo Posts: 2585 Joined: 27 Sep 2008 |
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. |
On the Record Posts: 5973 Joined: 7 Feb 2008 | 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. |
Gone Gonzo Posts: 4601 Joined: 25 Feb 2008 |
True, but not all Logos actually have their copyright on them. Best example (in the UK) would be Tesco, their logo doesn't have a copyright anywhere on it. But it's still registered. |
On the Record Posts: 5973 Joined: 7 Feb 2008 |
Copyright varies from country to country though, Example: Sherlock Holmes, public domain in US, not in Great Britain. Same with Peter Pan. |
Gone Gonzo Posts: 4601 Joined: 25 Feb 2008 |
Excellent point, filthy communist yanks* giving peoples hard work to the proletariat! I still think that skull is a little too much like the Skullcandy one, it's probably different enough to satisfy legal types, but for me it's a bit too close. *Nothing personal, been wanting to call someone a filthy communist all day. |
On the Record Posts: 5973 Joined: 7 Feb 2008 | Still can't find a Skullcandy Logo with a Copyright on the Skull image... I hope we don't all get banned for this. |
Gone Gonzo Posts: 2487 Joined: 29 Nov 2007 |
All I know is I'm buying a dozen and waiting until they discontinue the series because of this little rumor. I figure they'll be worth double on Ebay in a few years once they become the rare "impossible to find" Zero Punctuation t-shirts. |
On the Record Posts: 5973 Joined: 7 Feb 2008 | ...That's a good plan |
Gone Gonzo  Posts: 1557 Joined: 31 Dec 2007   | It's too similar for my liking, but it's different enough for them to get away with it legally, without plaigarism. |
On the Record Posts: 5973 Joined: 7 Feb 2008 | I dunno if its good or bad that we haven't had any official word on this yet. |
Press Junketeer  Posts: 357 Joined: 29 Nov 2008   |
nope there different, Move along now everyone, nothing to see here. |
IT Director  Posts: 1549 Joined: 13 Jun 2002     | I don't think our artistress shops for headphones at Hot Topic very often, so perhaps the fact that someone was using a skull as their logo didn't get noticed. I think she'd be more of a Sennheiser kind of girl anyway. We use stock art as the base for many designs - you're probably just seeing the similarity between different designs that take influence from the same sources. There's only so many ways one can stylize a skull after all. We've also had stock people from our weekly issue articles appear in other magazines. It's pretty funny when it happens. |
On the Record Posts: 5973 Joined: 7 Feb 2008 |
That's what I thought, Skull Candy isn't a "big" company by any stretch so they may have done the same thing and it would also explain why they don't have any copyright info for the image. |
On the Record  Posts: 7327 Joined: 23 Dec 2007   |
Maybe. |
On the Record Posts: 5973 Joined: 7 Feb 2008 |
Except I think he's out stealing fake boobies from Australian Mens Magazines. |
Copy Clerk  Posts: 92 Joined: 6 Nov 2008   | i personaly have to say that its the same skull just changed a bit if you look carefully on the shirt you can see the teeth. well at least i can. |
Paperboy Posts: 43 Joined: 24 Jul 2008 |
That would make sense. There are so many ways to style any thing true, but at the same time I myself just find it a shame that things couldn't be a bit more original. The way the image is shaped and being viewed looks so similar it could be mistaken as the same image. You can't own a 'style' true, but you can make that style your own. That's just me though. All I'm saying is they look so similar that I noticed, and I'm sure I'm not the only one. I do like the designs on most of the shirts, I do feel moved to buy them (good job guys) but that one stuck out to me. I'm not a troll by any means- stock art is fine and well and all, but when designing things like shirts or logos you have to do some research on who else might be using it- that 'stock' image might have been ripped off, someone might think you were trying to rip someone off, or better yet you might get your name or image stuck to something that you reaaaally don't want your name stuck to. This time it was headphones. Tomorrow it might be Neo Nazis, who knows? EDIT: I don't shop at Hot Topic either. I found these guys at Best Buy and Circuit City a while back. They aren't exactly unknown, just somewhat new to the scene: http://www.skullcandy.com/shop/headphones-c-42.html?gclid=CLq7nqXEpZcCFQoHswodq22k_Q |
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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