The dubious business with copied design classics

"Welcome to our addictive website!" says the online store of Interior Addict Limited, based in London. "Designer Furniture at unbeatable prices!", the web store of Allstars Furniture GmbH from South Tyrol also progressively advertises reproductions of well-known design classics. "(...) so that as many people as possible can afford this luxury" is how the makers of GoodFurn Limited are going on the copy offensive. As the import of pirated copies is punishable under German law, some providers oblige customers to use the so-called 'self-import model'. The problems associated with buying copied design classics and why everyone should refrain from doing so - here is the background.

Arne Jacobsen, Charles Le Corbusier, Ray & Charles Eames, Poul Henningsen

Arne Jacobsen, Joe Colombo, Ettore Sottsass, Poul Henningsen - who doesn't know these icons of interior design? Their designs, which are still produced under license by selected companies today, are unique. Few people can afford an original Lounge Chair from Vitra for well over 5,000 euros, for example. But a copy for just 1,020 euros, seen in the web store of the British supplier Italia Designs Limited - and even less with other suppliers - is more within the budget.

Action: Exchange counterfeit for original

"Product piracy in the lights and furniture trade is a problem; there are numerous illegal copies," says Tecnolumen Managing Director Carsten Hotzan. This is why the manufacturer Tecnolumen ran the 'No Fake' campaign in 2012. This involved exchanging plagiarized copies of the Wagenfeld lamp for the licensed original. Over 100 buyers got in touch, 64 sent in their replicas and 59 lights were exchanged. Hotzan's conclusion: "Most of the owners of a fake stated that they had bought it out of ignorance. However, there were also some participants who openly and honestly admitted that they had deliberately bought a fake." Why? Why? "For price reasons."

Examples: Flowerpot and Fun shell lamps

Why spend a lot of money unnecessarily when you can get what you want for much less? For example, Designfurn Limited is selling a copy of the Flowerpot VP1 pendant light by Verner Panton for just 87.20 euros. The original from &tradition, on the other hand, costs more than twice as much at authorized specialist retailers such as the online store for design classics from TAGWERC at 189 euros. The difference is even more striking with the shell lamp Mother of Pearl Fun 1DM, which was also designed by Verner Panton: the plagiarism is available for 329 euros, while the original from Verpan is on the sales list at 827 euros.

Reductions in appearance and quality

"If you save on price, you should allow for compromises in appearance and quality," says the design agency Tagwerc, which not only specializes in lights, furniture and carpet classics, but is also committed to raising awareness. "In some cases, pirated copies are offered with the original images of the licensed manufacturers," observed Stephan Tovar from TAGWERC. They are probably intended to suggest that the original and copy are identical in terms of quality and appearance. In addition, design replicas do not undergo the safety checks that originals are subjected to before being sold. "This can be particularly dangerous when operating copied lights "

Copy & paste is not a trivial offense

Although the "copy and paste" mentality is widespread, it is by no means a trivial offense. "What starts with copying or distorting individual text passages (keyword 'text spinning') or a photo on a small scale does not end with product piracy," Tovar is certain. And: copyright infringements can sometimes even be prosecuted.

Two years on probation

The trade in replicas therefore has a criminal law component. While objects in Germany have always been regarded as reproductions of copyrighted works of applied art, they are now also protected in Italy - contrary to a frequently heard opinion. In Great Britain, protection expires after 25 years. Nevertheless: "Anyone who clearly moves in a border area of what is legally permissible and must expect to act unlawfully is liable to prosecution," explains Prof. Dr. Christian Donle, specialist lawyer for intellectual property rights at Preu Bohlig & Partner, Berlin. "The disguised 'self-import model' as a form of distribution for product piracy has thus failed and does not constitute a gateway for the erosion of intellectual property," the lawyer commented on the ruling of the Federal Court of Justice on October 11, 2012. As the managing director of an Italian freight forwarder, a German who imported 'furniture classics' from Italy into the Federal Republic of Germany was sentenced to a suspended prison sentence of two years.

Damage in the billions

While the end consumer saves money, it damages an important economic sector, the furniture industry. The OECD, Organization for Economic Cooperation and Development, estimates the damage caused by the trade in counterfeit products worldwide at around 250 billion dollars, approximately 193.5 billion euros." Jobs and companies are also at risk. This is also confirmed at Tecnolumen. "There are fewer and fewer craft businesses in Germany that can still produce for our lights ," says Hotzan. "A glassblowing company that we have worked with for 30 years has just closed down again."

Copy paid for, but never received

In addition, not only are counterfeits offered, but customers are sometimes cheated in the process. In 2012, the Merlin Furniture Limited online store, merlinfurniture.com, was closed. Countless customers had paid for replicas but never received them. The public prosecutor's office is investigating. The same business model appears to be being pursued via Infurn.com. According to André Schulze-Wethmar from the European Consumer Center, the Center for European Consumer Protection in Kehl has registered 111 complaints against the operators of Infurn.com this year alone. The testimonials on Trustpilot.de, a review portal, speak the same language. In a cross-section of 874 reviews, Infurn.com scores 3.7 out of 10, which is rated as "poor". One user from Las Vegas, USA, warns in the title of his review: "Do not buy from this company".

Important information in unobtrusively worded sentences

But even those who actually receive the ordered design piece are far from being on the safe side. In the 'small print', for example at Interior Addict Limited, it says: "Designer and sales partners should note that the items may not be sold as originals." Even if it doesn't look like it at first glance, this is very important information! Most customers forget - or don't even know - that they are liable to prosecution if they later resell the counterfeit they have purchased, possibly under its original name. The form alone sometimes enjoys copyright protection.

Prof. Dr. Donle: "Another problem for consumers is that they can never sell the fakes again." The originals retain their value and can be easily resold after many years, even if they show signs of wear. Sometimes their value even increases. "The owner of a fake, on the other hand, cannot sell it without committing a copyright infringement," says the expert, adding: "If he is caught, there are criminal proceedings against him."

Only an original retains its value

Very good arguments that should convince even the last doubters and catapult pirated design replicas into the background.

And there is another reason to save on the original, the "brand", instead of buying a copy. What applies to other areas of life can also be applied to design classics. Just as a brand-name manufacturer's baby carriage sells very well when it is no longer needed, used and well-preserved design classics are also in great demand. "Especially for high-priced and handmade design classics such as the Little Petra Lounge Chair from Viggo Boesenthe Ultrafragola mirror by Ettore Sottsass, the Joe Baseball armchair by Studio DDL or the Artichoke pendant light by Poul Henningsen have a large customer base," says the design classics specialist TAGWERC. Interested parties use search engines such as Bing, Google and Co. to search specifically for used designer originals and, in addition to design auctions at international auction houses such as Sotheby's, Quittenbaum, Dorotheum or Wright, sometimes also find what they are looking for on portals such as Ebay or Ebay classifieds.