Copyright Infringement, Plagiarism and Forgery
The Tinga Tinga art suffers due to high amount of copyright infringements, plagiarism and forgeries. Many copyright infringements were committed by big multinational companies. Many plagiats (someone's copy of E.S.Tingatinga's painting with claim that it is one's own) were exhibited at galleries and museums around the world. And many forgeries were auctioned at respectable auction houses.
On this page, the acts of copyrights infringements, plagiarism and forgeries will be published. To avoid suits, no names of companies or persons involved are mentioned.
INFRINGEMENT - many companies copied the images of the E.S.Tingatinga and other artists without prior permission from the copyright holder. Many times, the copyright infringement is commited for the commercial reason. It is easy to comprehend the commercial nature of the copyright infringement when post cards, T-shirts or cups with Tingatinga's images are sold. But even the usage of the Tingatinga's images on websites, NGO leafets or magazines may infringe on the copyright.
PLAGIARISM - it is also called missattribution as the artist reproduce the image of E.S.Tingatinga and then signs with his/her own name. Many times the artists paint without intention to deceive but these paintings must be uncovered so that the owners or potential customers understand that such works represent values of E.S.Tingatinga. Plagiarism is not a crime but is easier to fight at courts than forgeries as it involves the act of copyright infringement. Plagiarism is dishonest and unethical as it steals someone's else ideas while claiming to be one's own.
FORGERY - it is a painting created with an intention to deceive. It does not need to be an exact copy of the existing painting of E.S.Tingatinga. In fact, many forgeries are new art works. The forgery is considered as a criminal act. The forgeries have also a negative impact on the value of the original paintings of E.S.Tingatinga.
Tips when buying the valuable Tinga Tinga paintings (they can be forged!)
- Receive an invoice!
- Get a certificate of authenticity!
- Ask for a provenance!
Even if this is no guarantee that the paintings isn't forged, you will have much better chance to get remedy or even take legal action against the seller.