Filipina Artist Feanne's Copyright Dispute With British Retailer Resolved in a 'Satisfactory Way'
Update (7/17/19): After an intellectual property dispute over replicated prints, Filipino artist Feanne and British retailer Rixo have come to a settlement that both parties are happy with.
Feanne announced on her Instagram account the two parties have resolved the problem and are currently working on a collaboration. This is an uplifting development, especially with all the cases of intellectual property breaches that see no conclusion. Rixo, similarly, posted an official announcement on its website, acknowledging the designs used on several pieces of its apparel as Feanne's designs.
"Many artists experience this type of issue, and it seems rare to actually get it resolved in such a mutually satisfactory way. Moving on from our past differences, I credit Rixo for ultimately choosing to address this matter appropriately and constructively. I am privileged to have been in a position to reach this resolution with Rixo, and I am very grateful to have the support of my loved ones, my fellow creatives, and all of you who have been generously providing me with encouragement," Feanne writes.
See the full account below:
View this post on Instagram
Earlier: In December 2018, Feanne learned British retailer Rixo had been producing apparel patterned after a design similar to her own. To sort out the matter, she enlisted a Filipino law firm’s services to inquire about whether Rixo had drafted an agreement with her brand Feanne prior to the release of the garments.
Filipino artist Feanne has built her reputation around creating hand-sketched prints on silk scarves and exhibiting her own works of art.
Feanne says she first sketched the design “sometime before October 30, 2014, and scanned into the computer and therefore digitized” on the same date, according to her documents. Rixo, on the other hand, made prior claims in an Instagram post on November 12, 2017, that the prints used on the garments were handpainted and sketched.
Feanne and her lawyers have heard back from the legal agency representing Rixo founders Henrietta Rix and Orlagh McCloskey. The brand, however, continues to maintain its stand that the designs are authentically
“Rixo’s lawyer replied on January 11 to say that they did not obtain
The first known release of Rixo’s “Moonlit Sky” was in 2016 and its “Oriental Sky” was released in 2017. Meanwhile, Feanne’s “Star, Moon, Cloud, Sky Drawings,” which appears to contain elements present in both of Rixo’s products, was created in 2014. “The linework is consistent with my illustration style. As an artist specializing in illustration, I have been publishing and exhibiting my work since 2006. I have been licensing out artwork since 2014, and creating my own fabric prints since 2015,” Feanne’s post continues.
She tells Town&Country: “I don’t claim to own the idea or the style” and that
See the full post below:
View this post on Instagram
Last December, someone spotted my artwork printed on Rixo clothing and asked me about it. Rixo is a UK fashion brand that claims to have handpainted all their prints. Rixo did not contact me for a collaboration or commission. I have no records of licensing obtained by them. My lawyer wrote to them on December 23 to ask if they have a license for my work. Rixo’s lawyer replied on January 11 to say that they did not obtain licensing, and that the fabric prints are their own original handsketched works, independently created by the brand founders Henrietta Rix and Orlagh McCloskey in January 2016. I find it hard to believe that these were independently created, as even the asymmetry and irregularities in the lines are identical. I first published this artwork online in October 2014 on a licensing platform. I have the original drawings on paper, as well as the original scanned file dated October 2014. The linework is consistent with my illustration style. As an artist specializing in illustration, I have been publishing and exhibiting my work since 2006. I have been licensing out artwork since 2014, and creating my own fabric prints since 2015. Rixo has been using the Moonlit Sky and Oriental Sky prints, which contain my artwork, since 2016. The Moonlit Sky print is apparently among their bestsellers, such that they re-released it in 2017 and 2018. They used this print on clothing sold on retailers such as Net-A-Porter, and it was featured on publications such as WhoWhatWear. I’m sure these retailers and publications are unaware of this issue, and I believe they also have a right to know. Rixo even posted the print on social media saying “hours of hand painting and sketching this print have paid off”. I am publicly asserting my rights as the original artist. My lawyers at Stephenson Harwood UK have sent Rixo a letter response on March 29 to assert my claim. I demand that Rixo give me a public apology, attribution, and financial compensation for their unauthorized commercial use of my work as well as for the legal fees I am incurring in pursuing this matter. Inquiries: [email protected] @rixo @diet_prada @fashion.fakes @whowhatwear @whowhatwear.uk
The clothes produced by Rixo fronting what look like replicas of Feanne’s designs have been featured on fashion websites such as WhoWhatWear and are sold on e-commerce platform Net-A-Porter.
Feanne's lawyers in the U.K. has sent Rixo's representatives a second letter detailing the acts of infringement, the legal implications, and the artist's terms for compromise. Part of the last letter from Feanne's lawyers: