Boy, predatory man doesn't give up, does he? This bright cheerful embroidery the world needs, fashion needs, too, as antidote to blackness and crumbling...how hard would it be to recompense these craftspeople with real money, sustenance they've earned by their labor, acknowledgement won through their creativity? How hard? Too hard? But this is the fashion industry's way. The names of embroiderers, lace makers, bead workers who made French couture were subsumed in the designer's fame. But they got paid. The Mexicans will just have to lawyer-up.
89
Shame on anyone who does not support those indigenous professional crafters and protect them from not receiving the money for their perfection. Greed you all want to take advantage of those who are in a desperate situation to make an honest living . If I were the professional embroidery fokes I would just stop for a while and make the greedy middlemen pay for your prized and beautiful works of art . But they cannot because they will starve. Shame on your greed when you auction stuff in America for millions of dollars.
62
How are the local embroiderers OK using the image of the Incredible Hulk...?
14
@Eric Popular culture seeps into communities regardless of location and is adopted for it's aesthetic appeal alone. Because of this it's not uncommon to see imagery with Mickey Mouse and other "Disney-esque style animals.
18
Explain to me how 'online research' is not theft of another's original ideas? Is it okay because the 'research' was done online?
79
Wow, what stunning sensitivity to other cultures displayed by most of the comments here. And, way to go, Times, for publishing pictures of the embroidery.
28
Learning to speak English so that you can read English literature is not the same as typing up the latest Jack Reacher novel and publishing it as your own. We have an English phrase for the former, "learning another language," and a word for the latter, "plagiarism." The former we deem admirable. The latter will get you sued. I would think both conservatives and liberals could find common ground on that.
38
If you google “otomi” you will find designer upholstery fabrics, shower curtains, clothing, tons of Etsy items etc. The unique style with its marvelously whimsical creatures and strong colors has been widely appropriated and the word “Otomi” is becoming increasingly familiar to shoppers. I do not think any of the Otomi actually benefit from the sales of these items though and I am glad The NY Times has brought that to its reader’s’ attention.
103
So it's time to track down the inventors of lace, silk, cotton, plaid, burlap, paper, watercolor, sculpture, enamel, lacquer, ribbons, music, hammers, Beef Wellington, rubber, ink, Venetian blinds, backgammon, neckties, and put things to rights. Good lord.
Fellow liberals, you are as deranged as right wingers.
30
Well, I don’t think New Zealanders would appreciate it much if England showed up for the next rugby test doing the Haka and swapping out the white and roses for all black and silver ferns. And as every reporter well knows, inappropriate use of the word coke elicits a friendly call from a certain giant soft drinks conglomerate pointing out that the word is trademarked.
36
@Stephen Hume However, Coke is made using a certain patented FORMULA. Because of the patents, others can make cola drinks, but they cannot call them "Coke." Images of things and animals commonly seen by people everywhere cannot be patented. I previously mentioned how Amish art, especially in Fraktur and Quilts looks VERY similar to the Tenango art. A sport, like Rugby, is not a good analogy because all sporting teams have their own colors and patented trademark symbols. As far as I know, Rugby is a sport played by humans in many countries; there are Australian Teams, but there are also English teams, Irish Teams, teams in several African Nations, Canadian Teams, and yes, American Teams as well. Just goes to show that we humans are all pretty much alike in how we think, what we enjoy and how we view the world around us when we create art.
6
South Asia has had this sort of embroidery for at least a couple of thousand years with both cloth and silk. Some examples sit in the biggest museums in the world.
I find it hard to understand why this needs to be Mexican alone. And I totally don’t agree with the appropriation claim.
By that token, we should be pulling out window coverings and pillow covers and bed linens and sofa covers because they pull Asian themes.
Silliness.
18
The article did a bad job of presenting the unique Otomi art style. The medium is embroidery but what is unique is the style, use of color, and iconography. Indeed even if the young people prefer to work and study rather than continue the tradition of painstaking hand embroidery they could well perpetuate the artistic tradition in another medium, even CAD.
34
@Vechre Thank you for reminding me! I have beautiful Asian art that is very like the Tenango Art hanging on the wall in one of the bedrooms of my home. You are so right!
2
In the United States, intellectual property rights are so fiercely defended that there are thousands of lawsuits every year over copyright and patent infringements regarding everything from pornography to pop music and smartphone design to athlete’s endorsements. But when it comes to appropriation for commercial purposes of indigenous artists’ unique designs, out come the watery, self-serving arguments for artistic licence. Nah. If I appropriate the NY Times logo and use it to sell a blog on better mousetraps, I’ll be hearing from the lawyers. And rightly so. Taking what somebody else creates and commercially exploiting it without permission is just wrong. Period. So, enough with the exculpatory equivocating.
64
@Stephen Hume DIRECT STEALING (your NYT analogy) is very wrong. However inspiration is NOT. Colors cannot be patented, nor can images of birds, beasts and flowers. You just reminded me of THIS interesting depiction of a Jewish woman's Holocaust experience:
https://www.youtube.com/watch?v=HCvlhYCKruQ
Looks sorta similar too. . .
7
Nestle is a disreputable corporation. It's trying to continue getting almost free water (millions of gallons in FL), continues to drain national forests of resources and now steals from Mexican artisans. Their executives no doubt enjoy their luxuries.
127
@Geraldine Conrad Yes, and I, for one avoid Nestle's products. Completely.
57
I think if there are specific designs these practitioners want to preserve, they should copyright or trademark or legally protect them in some way. This will not be a guarantee they will not be copied but it would cut down on it and they might even earn a profit.
The truth is there is nothing new under the sun no matter the topic. Whose to say the artists in Mexico were not inspired by others decades or even centuries ago? In science, we regularly copy, build, and are inspired by the work of others. One small way we give credit is by properly citing the work of others. If it's a question of profit or intellectual property, people will sometimes patent their work.
I also find the article a bit ironic as in many, many poor countries (and even rich ones), knock-offs of luxury goods and brands are routinely sold on the streets. The luxury companies will chase after copies but they can't stamp them out fast enough.
16
@ms
The article states that one Mexican artist did just that: copyright his designs with the Mexican government. He confronted Nestle for using his designs; Nestle had his copyright invalidated.
26
I work at a museum where one of the main artists represented worked in the late 19th and early 20th centuries. One of the biggest parts of his archival collection has to do with photographs that he collected from all over the world for his designers to be inspired by. In this photograph collection we have images representing artifacts and architecture from many different European and Asian cultures. The ideas shown in these photographs are often represented in his final designs.
I think by referencing in the title that this is cultural appropriation makes it seem sensationalistic and wrong even though it is common practice throughout history for all artists. Aside from the title which seems almost like click bait, the article was incredibly interesting.
26
If the makers of these designs and embroidered pieces are at the mercy of middlemen who set prices, why not set up a cooperative or a similar mechanism that can coordinate marketing and branding, strike harder bargains with (or eliminate) middlemen, fight copyright infringement, etc.?
Peace Corps and other aid organizations have been helping developing countries and regions with this sort of thing since the 1960s and perhaps even earlier, so there must be quite a few people around with such experience to draw upon. And what is the Mexican government doing to promote its indigenous arts and crafts?
Note that the internet makes it very easy to promote groups like the Otomi (and to shame individuals and companies that exploit their work).
29
"Cultural appropriation." The practice of one group borrowing from and then building upon the work of another. Been done throughout human history, but suddenly it is now politically incorrect.
29
@Thomas Making money off the work and creations of others is wrong.
19
@Thomas
It's the latest invented liberal sin. (Laments this liberal who doesn't recognise the American left anymore.)
14
@Mary A
Only Italians should sell spaghetti.
Only native English speakers should teach English.
Only French should sell cameras.
Only Arabs should teach algebra.
Only Canadians should make maple syrup.
Absurd. But liberals have gotten so good at accusing anyone and everyone of being wrong. And I thought liberals were the tolerant ones.
26
How can using colorful embroidery be called ‘cultural appropriation’ when it can be found in so many parts of the world? The patterns shown in the accompanying photos don’t appear to be particularly unique.
26
@CLH They are unique enough that I, an untrained person, can look at them and say that they are from central Mexico just as I can say that Cowichan sweaters are from Vancouver Island. I don't get it mixed up with colourful embroidery from Belgium or Morocco or northern Canada. Absolutely there is always cross pollination amongst artists but there is a difference between being influenced and adapting new techniques and ways to depict the world and simply taking another cultures art and reproducing it to make money, usually at the other culture's expense.
54
@Greenfordanger It's one thing for one artist to pick up ideas from other artists. Carolina Herrera's company is a bully corporation and not the same thing. And how about Mexico stengthening its copyright law so Nestle can't get an Indio's Mexican copyright overturned?
24
The article did a terrible job of illustrating the designs they were talking about. The colors, materials and embroidery stitches used are universal, it is the iconography that is highly distinctive and easily recognized once seen. The examples shown in the article were not the whimsical beasts and birds that are the most well loved and characteristic features of this style. It is highly possible that the style is related to colonial Spanish designs but nowadays it is characteristic of Otomi art.
11
There is a long tradition of wealthy countries appropriating anything they can find that's attractive or useful from poor countries, then coming up with legal or philosophical arguments to justify the free use, which is why being "inspired" by the unique Tenango style but not acknowledging or paying the creators leaves such a bad taste.
By contrast, consider what would happen if the Tenango embroiderers had signed an exclusive deal marketing deal with a major U.S. corporation. Every one of the businesses "inspired" by the Tenango designs would either be paying royalties now or tied up in litigation.
The dumbest part of it is that, given the extreme poverty in the area, it would have been so inexpensive to just do the right thing - and the corporations would have been repaid a hundredfold in positive publicity.
159
@Eric I think people are missing the point. Any Tenango creator, just like any creator in the world, has a copyright automatically in their specific creations (though registration is generally required to effectively enforce it). No company or person can directly copy someone else's specific work for profit without permission. However, a general style from a region or area is typically not copyrightable because it is not one person or organization's creation, and most artists are simply using traditional patterns developed by others that have been in existence for hundreds or even thousands of years.
What would be a better idea (and which seems to be occurring) would be for the Mexican government to assist these artists in marketing and selling their work, as people will pay good money for the "real deal" as opposed to something simply inspired by it. Of course, international treaties and local laws do and should protect specific creator's works and also protect geographic origin labeling rights to set marketing standards and rules for officially designated Tenango art. But, that is a big difference between saying that any person or organization inspired in any way by another culture or group of people should have to sign a license with them. If that were the case, most artistic works, and even most things you use, like clothing, would not exist, since there truly is "nothing new under the sun," and almost everything has been inspired by what came before it.
25
As an importer of fine Mexican folk art and textiles for almost 20 years, I can attest to the sad plight outlined here and it applies as well to almost every other form and medium of traditional folk art.
The line between inspiration and appropriation can be argued ad infinitum, whether we're discussing this work or plastic resin skulls being sold for Dia de los Muertos in Michael's, Target, Walmart et al. Meanwhile, genuine masterpieces by Grand Maestros languish on shelves and the significance of rituals are minimized, Disney-ized or altogether ignored. The only remedy that I have ever had at my disposal was to tell my customers (the relative few with the will to hear) the stories of the artists, the hard earned skills behind their techniques, the struggles of their families and their villages. You have done that here, NYT and Elisabeth Malkin. I'm thankful.
For those with a sincere desire to learn more about the work of the Otomis and the myriad of other astounding indigenous textile work, I refer you to the page of my friend Robert Freund: http://www.mexicantextiles.com
102
If we are not allowed to be inspired, appreciate, try, share, adopt, adapt and embellish, then the work dies.
50
Yes, creativity would disappear if we are not allowed to be inspired by each other, to borrow and modify. Noone exists in a vavuum. However, you do need to give credit, otherwise it's plagiarism or outright stealing. The big companies mentioned in this article should be collaborating with the people who's art is their inspiration. It's not that hard to do the right thing.
32
@ Suzanne: your words to attempt to describe what's happened here - " ...inspired, appreciate, try, share, adopt, adapt and embellish ... " are far from what had actually happened: a blatant theft of unique design.
23
The author apparently doesn’t understand the fashion industry. The entire industry is based on rapidly copying, iterating and evolving the product. Discovering and utilizing a type of pattern is exactly this process.
I suppose the article wouldn’t fly with the NYT editors without the “cultural appropriation “ hook to sell to the social justice crowd.
20
@JDK I think that just becuase they do that doesn't mean its right though. The fashion industry is not a paragon of morality
12
What is wrong is making a fortune by copying or directly taking the art of a very poor struggling community without fair recompense.
17
Blame Amazon.
4
I wonder if folk craft such as this could be protected in the same way that the EU protects food and drink: "Three European Union schemes of geographical indications and traditional specialties, known as protected designation of origin (PDO), protected geographical indication (PGI), and traditional specialities guaranteed (TSG), promote and protect names of quality agricultural products and foodstuffs.[1] "-Wikipedia. This could certainly be modified to include activities such as a unique style of embroidery and hopefully help to protect designs, methods, and other activities related to it's production and sale and set up a structure so these villagers can be recognized for their efforts.
27
@Wood Gal Nice thought but impossible to enforce.
2
@Wood Gal
Why not indeed. Their governments would probably have to support the protection, but how many of those government decision makers would support their poorer citizens over having their palms greased by large businesses?
5
There is no part of this that is a good idea.
2
I don't think that most Americans can appreciate the role of textiles in Mesoamerican cultures. When I was growing up I could tell where women, and a few men, were from just by looking at their clothes. Small changes in color differentiated towns, symbols carried personal information, etc. Textiles are identity, passed on from parent to child. I hope these traditions thrive.
111
I purchased some “Otomi” embroidered pieces off of Etsy earlier this year. I thought it was odd that they were embroidered in very muted, non-traditional colors, but just assumed that they were made specifically for the international market. I didn’t think of them being manufactured in China or India. Now that I look at them, though, I suspect they are from India. The cotton fabric is wrong. The embroidery is rougher than you usually find in Mexican needlework. Even the threads used are different. No labels of origin, of course, because that’s Etsy for you. Buyer beware.
48
While from a copyright standpoint, I think some of this is a tough call, I appreciate the Times bringing to our attention this work and this village. The best way for the average person to support them is to buy from them. Searching now for a way to do that.
71
Whenever I read terms like "cultural appropriation" (apparently the polite term now), I wonder what happened to the simple term "inspiration"? Cultures used to exchange ideas and arts alongside trade. These days it seems to be called either "cultural appropriation" or "culture imperialism" indiscriminately. I think the question should be if the culture in question is treated respectfully. And rip-offs have been made since the dawn of time.
107
@MK It's a question of fairness. Is it really right for the the culture that produced a hand embroidered cloth to earn $150 for the hours and hours of work while a luxury good manufacturer rips off the design and earns thousands for a machine made version with less craftsmanship?
It's about intellectual property.
Look at how Dios De Los Muertos iconography has cross over. Am fine with that. But to copy specific patterns from people who aren't earning anywhere near the same return is wrong.
67
@MK my thoughts exactly
8
Very well said. Totally agree.
5
It's a tough call. Except for the specific embroidered images of every day life activities of this region or some other, I would assume there is a lot of overlap between this embroidery and the embroidery of many other places, including Europe. How you can tell what culture truly "owns" a floral design? When I buy a pretty but perhaps blandly embroidered shirt from, say, J Crew, how am I supposed to know whether the design was stolen from some culture I have no claim to? Many many cultures have some kind of embroidery, and many design elements seems quite similar. What if I create an embroidered piece that by chance has some elements of the embroidery of a marginalized culture? Honestly.
37
@Syliva
First of all, it is not legally your responsibility to know, it is the responsibility of the company that makes the fabric to know.
The people who design these fabrics know they are stealing designs. These sorts of designs are usually very specific to an area or a town or an artisan group. Just because these people don't live in "1st world" communities does not make their artistic skills any less valuable than the creators of Tiffany glass or Marimakko fabric.
19
@Syliva If you have a trained eye, or just a "good" eye, you can recognize these patterns as the embroidery designs of this region. And you only have to see it once: it's very recognizable.
Think of how cross stitch samplers instantly make you think "early American" and maybe "made by young women." Think of how there are different traditional rug patterns from different regions of the Middle East and again, the experienced eye recognizes exactly where the rug was made.
When these are copied or appropriated the copier knows exactly what they are doing, probably even that they are stealing cultural "trademarks" from impoverished women who would benefit immeasurably by having earned the money (and a living) by doing the embroidery work that is their particular community's distinctive work.
To me that just feels like the wrong thing to do.
13
Look up Otomi embroidery, you will recognize it as it is quite distinctive.
8
While decorating my home in selective Mexican pieces of ornate silver, painted pottery, wood carvings, and handmade tapestries and textiles, however, I must admit that I admire and cherish the Italian designs more.
Old Deruta pottery and Venetian glass have very sophisticated colors that are more pleasing to the eye.
9
@Charlie To each his or her own.
6
@Charlie Not the point of this article.
9
If you prefer Italian why did you choose to furnish your home with Mexican pieces?
12
In the U.S., copyrights last at most for 120 years (or 70 years after the life of the author).
Then it's in the public domain for anyone to use for free.
So even if we granted collective copyright protection to traditional works of art, the copyrights would have expired long ago (different of course for new creations).
By what justification should one group be granted a perpetual copyright, while other groups have no such rights?
A second question would be whether the original creators of traditional works of art viewed their creations as proprietary or not permitted to be copied, altered to used by others. Or is that a modern day conception, advanced by people seeking to profit in the global economy?
Luckily for us, the bulk of what could be considered Western culture is not exclusively owned by anyone.
18
@Mmm Did you see where it said the designs date from the 1960s? These artists should have another 100 years at least to profit from their creations.
If I tried to put the Chanel logo on clothes I designed, don't tell me they wouldn't come after me?
21
Beautiful embroideries and a longtime staple of Stylesetters from Gloria Guinness to Liz Taylor.
4
I love my peasant blouses. In the 70s they were inexpensive, fashionable items you could bring back from a trip to Mexico. I recently bought two embroidered blouses on like from Amazon. The design is in the old tradition and the fabric is good. However, the label states they were made in China. So much for supporting indigenous arts. Next time I will read the product description more carefully.
75