Shein Accused of Copyright Infringement by Nail Artist Yan Tee

In this post, we will discuss the case of Shein Accused and Yan Tee. Here is everything you need to know about the company being Accused of Copyright Infringement by Nail Artist Yan Tee.

Allegations of Copyright Infringement Against Shein

The Fast-fashion retailer faces allegations of copying the works of nail artist Yan Tee. The Manchester-based nail technician claims the company replicated her nail art designs from her Instagram page on their website.

Yan Tee’s Unique Nail Art Designs

More specifically, the ‘self-taught’ nail artist creates incredibly unique hand-painted designs, ranging from gold tips to Powerpuff Girls, vibrant butterflies, sunflowers, and jellyfish. The company allegedly copied Yan’s works by extracting images from her Instagram account and replicating them on their website, selling the nails for as little as £0.75, while Tee charges around £40.00 per set.

The Significance of Copyright Protection

Copyright is an intellectual property right that arises automatically, provided that the work in question is original, i.e., there has been the exercise of skill, labour, and effort, and that the work is fixated in some form. In this case, the nail designs are hand-painted and fixated onto the nail. The infringement occurs when a whole or a substantial part of the said work is copied without permission.

Challenges Faced by Small Businesses in Infringement Cases

When giants take advantage of smaller businesses, pursuing a claim of infringement can be an expensive and time-consuming exercise. As a method of resolution, some designers opt to draw attention to the allegation through social media.

The Response and History of Copyright Theft Allegations

Since this matter has been publicly highlighted, the company has apologised and removed the images from its website. However, Yan Tee has stated that one of the pictures still circulates on the site.

Previous Incidents of Alleged Copyright Theft

This is not the first allegation of copyright theft. Among many others, back in 2020, they again extracted an Instagram picture, this time from artist Tiina Menzel, depicting a cartoon of a skeleton holding up a black cat. It was replicated as a T-shirt design sold on their website.

Seeking Legal Assistance for Intellectual Property Matters

If you have any queries regarding the above or require our assistance with an alternative matter, please do not hesitate to get in touch with our expert team of solicitors at Lawdit today.

Tel: 023 8023 5979 E-mail: info@lawdit.co.uk

Written by Lora Krasteva – Trainee Solicitor

After achieving a First-Class LLB Law degree from Southampton Solent University, Lora joined the Lawdit Team as a Trainee Solicitor in September 2021.  She is currently assisting Ellis in the Intellectual Property department and her role covers both contentious and non-contentious matters. Alongside her Training Contract, Lora is undertaking her part-time Legal Practice Course and Masters of Law at the University of Law in Guildford.

More on Copyright infringement

Copyright infringement is a serious concern in today’s digital age, where the ease of sharing and reproducing creative works has increased exponentially. As a creator, it is vital to protect your intellectual property and respect the rights of others. Understanding the concept of copyright infringement and taking proactive measures to avoid violations can safeguard your work and ensure a thriving creative ecosystem.

Infringement occurs when someone uses, copies, distributes, or displays copyrighted material without obtaining proper authorization from the original creator or copyright holder. It encompasses a wide range of creative works such as literature, music, films, photographs, artwork, and software. Engaging in copyright infringement not only undermines the rights and efforts of creators but can also lead to legal consequences and financial liabilities.

To avoid copyright infringement, it is essential to adhere to the following guidelines:

1. Educate Yourself: Familiarize yourself with the basics of copyright law and the rights granted to creators. Understand what qualifies for copyright protection and the duration of those rights.
2. Obtain Proper Permissions: Seek permission from the copyright owner before using their work. This applies to both commercial and non-commercial use, whether it involves reproducing, distributing, or adapting the copyrighted material.
3. Fair Use: Familiarize yourself with the concept of fair use, which allows limited use of copyrighted material without permission for purposes such as criticism, commentary, teaching, or research. However, fair use is subject to specific conditions and should be approached with caution.
4. Create Original Content: Focus on creating original work that does not infringe upon existing copyrights. Drawing inspiration from others is natural, but strive to bring your unique perspective and creativity to your creations.
5. Attribution and Licensing: When utilizing copyrighted material with proper permission, ensure that you provide proper attribution to the original creator. Additionally, consider licensing your own work to clearly define the terms of its use and protect your rights.
6. Conduct Thorough Research: Before using any copyrighted material, conduct thorough research to determine its ownership and whether it is in the public domain or protected by copyright.
7. Use Creative Commons and Royalty-Free Resources: Explore the wealth of creative commons and royalty-free resources available online. These platforms offer a wide range of content that can be used legally, provided you adhere to the specified licensing terms.
8. Seek Legal Advice: If you have concerns about copyright infringement or need guidance on protecting your intellectual property, consult with an experienced intellectual property lawyer who can provide expert advice tailored to your specific needs.

By understanding the principles of copyright law and taking proactive measures to respect intellectual property rights, you can navigate the creative landscape responsibly and avoid copyright infringement. Remember, protecting your own work goes hand in hand with respecting the creative endeavors of others, fostering a culture of innovation, and upholding the rights of creators worldwide.

References

Here are the references we used for this article, these are links to high authority sites and sources. Please view them below.

• Manchester (Wikipedia.ORG)
• Powerpuff Girls (Wikipedia.ORG)
• Copyright (Lawdit.CO.UK)
• Intellectual property (WIPO.INT)
• Instagram (Instagram.COM)
• Tiina Menzel (Instagram.COM)
• Southampton Solent University (Solent.AC.UK)
• University of Law in Guildford (Law.AC.UK)

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