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Homage it aint
Kottke claims Homage as a defence.
Nike were outed by 37 Signals amongst others for emulating Discord's 1984 album cover graphics.
Kottke claims it was simple homage.
Isn't punk all about taking without permission? Or does that not apply when you don't like the folks doing the taking? Lighten up, Discord.
Bullshit. If I paid homage to Nike by using their tick of approval I would be hit by a legal in two seconds flat.
If I paid homage to Kottke by emulating his site design I would be on the receiving end of his word skills just as fast.
Nike are responsible, and some aside to homage just doesn't cut the mustard for a corporation that runs on legal fine points and is anything but punk.
Nike understands what's happened, therefore the appropriate apology. Thank goodness Kottke doesn't run a major international corporation.
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5 comments
I think the fact that Dischord say they didn't ask is bordering on rude (of nike) and to claim it's a homage to a classic design is simply asking for trouble as you mentioned John.
1. Ceremonial acknowledgment by a vassal of allegiance to his lord under feudal law.
2. Special honor or respect shown or expressed publicly.
Having a hard time seeing the honor or respect given to Dischord/Minor Threat with the campaign...
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Here's the apology in full:
June 27, 2005
To: Minor Threat, Dischord Records and fans of both
Re: Major Threat East Coast Tour Poster
Nike Skateboarding sincerely apologizes for the creation of a tour poster inspired by Minor Threat's album cover. Despite rumors being circulated, Wieden & Kennedy and Odopod had nothing to do with the creation of this tour poster and should not be held accountable. To set the record straight, Nike Skateboarding's "Major Threat" Tour poster was designed, executed and promoted by skateboarders, for skateboarders. All of Nike employees responsible for the creation of the tour flyer are fans of both Minor Threat and Dischord Records and have nothing but respect for both.
Minor Threat's music and iconographic album cover have been an inspiration to countless skateboarders since the album came out in 1984. And for members of the Nike Skateboarding staff, this is no different. Because of the album's strong imagery and because our East Coast tour ends in Washington, DC, we felt that it was a perfect fit. This was a poor judgment call and should not have been executed without consulting Minor Threat and Dischord Records.
We apologize for any problems this may have caused, and want to make very clear that we have no relationship with the members of Minor Threat, Dischord Records and they have not endorsed our products.
Every effort has been made to remove and dispose of all flyers (both print and digital). Again, Nike Skateboarding sincerely apologizes to Minor Threat and Dischord Records.