BigShinyThing

Late last year we noted how similar some ads for a Chinese Italian restaurant chain were to the photography of Jill Greenbergh. At the time we noted that while Greenbergh’s work had caused controversy in the UK, similar images were being used to sell pasta in China. We never thought that the agency would be foolish enough to have not actually asked permission, or — if they hadn’t — that they thought that they could get away with such blatantly copycat work. Shanghaist now kindly alerts us to the fact Greenberg was neither involved nor was she asked permission.

According to Photo District News — which has reported on the story independently from us:

The O&M ad, credited to art director Ng Fan and photographer Connie Hong, according to the site AdsoftheWorld.com, shows a 2- or 3-year-old girl with angel wings, apparently distraught because a strip of hair has been shaved off her head. The ad’s tagline says, “Freshly made angel hair” (a reference to the pasta served by the restaurant). The photograph strongly resembles not only Greenberg’s “End Times” concept, but her shooting style. The images from Greenberg’s exhibit were widely published and reprinted both online and in print, and can be found on her web site.

Pursuing a copyright infringement claim in China can be expensive and difficult. Even if Greenberg pursued legal action, “she would probably have a difficult time making a case,” opines intellectual property attorney Nancy Wolff. Wolff explains that subject matter—in this case, crying children—is not protected by US copyright law, at least. And the ad may not be similar enough to any particular image by Greenberg to meet the threshold for infringement, even though it evokes Greenberg’s style. “Style is not something you can easily protect in terms of copyright,” Wolff says.

Greenberg declined to comment on this story.
Responding to an e-mail request for an interview, Michael Lee, managing director of O&M Advertising in Shanghai, said that the agency is “working with Jill for a solution.”

In our hyper-networked times, why do ad agencies think they can get away with this? There are even websites entirely dedicated to spotting when commercial interests rip off independent artists: check out You Thought We Wouldn’t Notice. Note to agencies: you will get found out.