Now, two of fashion’s largest companies find themselves facing questions over what constitutes inspiration and what constitutes copyright violation.

Trending Topics, a blog from Spanish newspaper El Pais, reports (in Spanish) that Spanish retailing giant Inditex has once again used illustrations of fashion bloggers for a line of t-shirts without prior permission from the bloggers.

In May 2010, Betty Autier of Le Blog de Betty noticed a t-shirt in Zara that featured an illustration bearing a striking resemblance to one of her photos. The only problem? Autier was never contacted by the illustrator or Zara about usage of the image.

Michèle Krüsi is a 19-year-old blogger from Switzerland who, like many other bloggers, posts personal style photos to Lookbook.nu. Lookbook.nu serves as inspiration for plenty of personal style fans, including those at some of fashion’s largest brands. Someone from Stradivarius, a Spanish retailer also owned by Zara’s parent company Inditex, took inspiration from this image of Krüsi and created a t-shirt based on it.

Image compilation via El Pais

“If they had asked me there would be no problem, and of course I would have told them they could use the photo if I had been offered one of the shirts or something,” Krüsi says. {Trending Topics/El Pais}

Louise Ebel, who is known to readers as Miss Pandora, also found herself an unwitting subject of Stradivarius’ new line via an illustrated appearance on two different shirts.

Ebel says “I’m really disappointed to find my work, and the photographers with whom I made the photo shoots, on T-shirts, and without having been warned. I think it’s disrespectful and it detracts from our work. I have been used and undervalued.” This actually marks the 3rd time Ebel has been illustrated for a t-shirt by an Inditex brand. The first time was in the same collection with the image of Betty Autier that sparked the debate. {Miss Pandora}

The legal issues here are a bit fuzzy though: while using the photo as is for a commercial purpose would be an obvious violation of the photographer’s rights, do those same rights extend to a derivative work? Those were the issues Fairey and the AP were to argue before settling their case, but with the settlement they still remain. In the US there is a pending fashion copyright bill, but even if it should become law, the issue of what’s protected and what’s fair use in derivative design isn’t totally clear.

As far as any moral questions, the fact is that fashion brands don’t even agree on the basic issues as an industry.

The Hermes Birkin bag is a coveted style status symbol, and fairly recognizable. Independent fashion label Thursday Friday decided to print an illustration of a Birkin bag on a canvas shopping tote. {She Finds via Styleite} Something of a wink and nod to the classic bag that normally retails for thousands of dollars. The Thursday Friday website says:

“We realized we were using the shopping bags as proxy accessories and wanted to take them a step further, to have the bag itself declare what’s going on.  So we ended up with a surreal design that references luxury but ultimately works as an anti-status status symbol.”

Except Hermes found nothing surreal about the design, and is suing the company for “riding on their reputation” and “confusing, misleading, and deceiving the public.” Seemingly placing Hermes on the same side of the table as those who were angered over Zara’s usage of blogger photos for illustration inspiration without notice.

Ganymede Kids posted an interesting analysis of the first Zara situation, which is worth reading regardless of which side of the issue you find yourself on; and this TED talk from Johanna Blakley raises interesting points as well.

When bloggers and decades old brands, who’ve never looked upon imitation with any feelings of flattery, end up on the same side of an issue it’s a sure sign that new media mavens aren’t the outsiders the old guard likes to believe they are. Welcome to the inside.

Shang Xia, three years in the making

Today in Shanghai, Jing Daily had the privilege of attending a media event hosted by Hermès†new “created in China” luxury brand Shang Xia, the first-ever Chinese high-end lifestyle brand built from the ground up by a major European luxury house. Hosted at One Xintiandi, a multi-floored hot-spot in the Old Shanghai style, Shang Xia was finally unveiled at a media event attended by Jing Daily as well as local and international publications like Noblesse, the Hong Kong Journal, Modern Weekly, Time Out and FHM. Also in attendance were the district vice mayor and representatives of Nike and HSBC, among others.

At the unveiling, speeches were delivered by four individuals who have been key to the creation and development of the Shang Xia brand: Jiang Qiong Er (Shang Xiaâ€s artistic director), Hermès CEO Patrick Thomas, Japanese architect Kento Kuma (who designed Shang Xiaâ€s first boutique), and fashion photographer Paolo Roversi.

The Brand Unveiled

Shang Xia CEO and chief designer Jiang Qiong Er

Beginning the event, Jiang Qiong Er said that she has dreamt of building a brand like Shang Xia for 10 years, with the company itself being three years in the making. More than being just another brand, Jiang said she sees Shang Xia as a life philosophy. The name “Shang Xia” (”Up Down” in Mandarin) was chosen to express two opposing forces or sides — yin and yang, extraordinary and ordinary — that come together to strike a harmonious balance. Jiang went on to say that Shang Xia is an organic brand, which Hermès viewed as a seed, rather than just an acquisition, that it needed to nurture and help grow. So what made Hermès look to China in the first place? As Jiang pointed out, not only is China a great candidate for business and expansion, but Hermès found the countryâ€s long history of craftsmanship irresistable.

After Jiangâ€s speech, Patrick Thomas, the CEO of Hermès, gave further details about Shang Xiaâ€s philosophy and design. Shang Xia, Thomas said, is not a second line of Hermès, nor is it a copy designed for China. In terms of craftsmanship and creativity, Shang Xia is on par with Hermès, yet everything else is different. For the past three years, 20-30 people have been working on Shang Xia, with production completely localized rather than done in Europe. This, Thomas pointed out, is a way of supporting the local culture as well as traditional Chinese arts like weaving and porcelain making.

Hermes CEO Patrick Thomas

Thomas went on to add that we will not be seeing Shang Xia products sold at Hermès boutiques, or vice versa. Shang Xia is a wholly separate first line, which the company hopes to see expanding beyond the borders of China over time. Interestingly, Thomas said that the second Shang Xia boutique could open in France. Prior to the launch, the rumor was that the second store would be located in Beijing.

Kento Kuma, the Japanese architect who designed Shang Xiaâ€s debut boutique, spoke next, remarking on the impression that Chinese craftsmanship has made on his work. Kuma said that his choice to sign on for the Shang Xia project was greatly influenced by his appreciation of Jiang Qiong Erâ€s vision of old-meets-new, and of modernized tradition. Kuma said that he, like Shang Xia, hopes to promote Asian values in his work.

Wrapping up the speeches, photographer Paolo Roversi said that Shang Xia represents more than just craftsmanship but also “soul and love.” Decked out in a Shang Xia outfit, Roversi said he is confident that the company will break through barriers and become a truly international brand.

Next came the unveiling of some of Shang Xiaâ€s products, which have been kept under tight wraps over the past year. First came a small zitan wood stool by Master Gu, the smallest piece from the Da Tian Di (大天地, “Big Sky Ground”) furniture series. This particular piece has perfectly squared edges with a rounded recess (which we find to be the trademark of Shang Xia) in the center. After being finished with sandpaper with a grit finer than toothpaste, the surface of this piece is as smooth as silk.

The next Shang Xia item displayed was a traditional Chinese robe. Made of cashmere felt, the robe is created from a single piece of fabric with no cutting, and is completely hand-crafted — almost, as Jiang Qiong Er pointed out, like sculpting a piece of clothing. Warm and comfortable with a silky smooth touch, this piece was created by two sisters from Mongolia.

Jiang Qiong Er displays a zitan piece from the Da Tian Di collection

A unique ceramic and bamboo tea pot was then shown. Fired in 1380 degree Celsius heat to produce a pure, translucent white finish, the tea pot is then wrapped in .05mm thick bamboo weaving. Taking 10 days per pot to weave, the bamboo covering — woven by bamboo master Zhang — is, incredibly, free of joints, with the beginning and end of the bamboo strands completely imperceptible.

Finally, Jiang Qiong Er displayed fine eggshell porcelain b0wls made by Master Lu from Jiangxi province, which measure only 2mm at their thickest point and, after careful sanding and shaving, only 0.5 mm at their thinnest. Perhaps more important to the design of these porcelain bowls, however, is the sound they make. So perfect in thickness and shape are they that each bowl has a distinct ring, which resonates evenly throughout the bowl.

Attendees were then treated to a breathtaking video of the Chinese composer Dou Wei giving a performance using different sized Shang Xia porcelain bowls as instruments.

The First Boutique

Following the media event at One Xintiandi, attendees got a first look at the debut Shang Xia boutique at Hong Kong New World Plaza (é¦æ¸¯æ–°ä¸–界广场). Kento Kumaâ€s design evokes the feel of an ice cave, with Shang Xiaâ€s full range of furniture, home decorations, clothing and porcelain displayed on bamboo shelves and wall racks. Pricing for most items is reasonable by luxury standards, considering the craftsmanship of the products and top quality of the materials used in their design, with sweaters retailing for 2125 yuan (US$316), jackets around 7400 yuan ($1,105) and shoes around 2200 yuan ($327).

The Jing Daily team would like to thank Angela Hua and Jiang Qiong Er of Shang Xia and Patrick Thomas of Hermès for staging this exciting and important event. We feel that weâ€ll soon be seeing more major global brands follow suit in coming years and take advantage of the vast wealth of talent, long history of craftsmanship, and unique indigenous techniques in China that people throughout the world are just starting to discover.

View additional photos of the Shang Xia opening at Jing Daily

Hermès Launches Shang Xia In Shanghai originally appeared on Jing Daily, and is republished on Signature9 with permission.

Your favorite fashion accessories are classic, stylish, and never covered in logos or overly apparent signs of flash. A glass of champagne or small sign of special service is appreciated, but extravagant spectacles that would put you in the middle of enormous crowds are the last things you’d sign up for voluntarily.

We covered the top 10 Fashion’s Night Out events for celeb seekers, but if your idea of a shopping good time doesn’t involve battling throngs of adoring fans, there are plenty of events that give a good reason to come out. Silent auctions, charitable contributions, complimentary cocktails and shopping bonuses are just a few of the things on offer.

Akris

Who: Former Anna Wintour assistant Claiborne Swanson Frank, Veronica Swanson Beard, Alexis Swanson Traina, and Vogue Photography Director Ivan Shaw

What: A photography exhibition Indigo Light is a series of portraits by Claiborne Swanson Frank. Partial proceeds benefit Baby Buggy.

Where: 835 Madison Avenue

Anthropologie

Who: Landscape artist Jim Denevan, the subject of a documentary by filmmaker Meredith Danluck.

What: Denevan’s drawing on Siberiaâ€s Lake Baikal is displayed on Anthropologieâ€s digital exhibition space, www.theAnthropologist.net. Attendees will get a sneak peek of Danluckâ€s documentary about the artist’s Siberia expedition while enjoying cocktails.

Where: 75 Ninth Avenue

Banana Republic (Soho location)

Who: Banana Republic designers offering style tips from 6-8pm.

What: Sparkling wine, hors dâ€oeuvres and shopping incentives on full-priced merchandise all night long and a presentation of the 2010 Fall/Holiday Collection. Purchases of $100 or more and gain entry into a drawing for two tickets to the Banana Republic Spring/Summer 2011 fashion show.

Where: 550 Broadway

Blanc de Chine

Who: Musician Dana Leong, performing live. Leong is a cellist, trombonist and composer whose music combines hip-hop, jazz and electronic music.

What: Catering, a gift with purchase, raffle for one of Blanc de Chine’s $400 travel blankets and the opportunity to view one-of-a kind items from the Museum of Chinese in America’s historical collection. A percentage of the evening’s proceeds will be donated to the museum.

Where: 673 Fifth Avenue

Hermès

Who: Hermès scarf specialists

What: An evening of scarves, seemingly built around the style spotting site Jâ€aime mon carré. Show off  your own Hermès scarf or stop by for scarf-tying demonstration showcasing fall styles from 6pm – 8pm.

Where: 691 Madison Avenue

We’ve seen $1400 collectible toys for adults. If you thought the $3,000 price tag on T-shirts that popped up in Valentinoâ€s Rodeo Drive, Los Angeles boutique this summer was ridiculous, get this: following strong second quarter sales, Hermès now offers a childrenâ€s coloring book going for $130. {The Cut}

Thatâ€s $130 for something a toddler is likely to draw all over in disarray. If a parent handed this pricey art toy to their youngster, the pages would likely be torn out and hung on a refrigerator before inevitably fading and being tossed out. Not to mention that in this economy many shoppers are unwilling to pay that much for clothes, much less temporary entertainment for their kids.

Parents can also score a $600 pull-along wooden horse from Hermès for their little ones. A wooden horse is at least a bigger item with more longevity, but similar ones are available for much lower prices at Toys ‘R Us. In fact, a better-looking, pink and green horse can be purchased for $26.99 at toysrus.com.

Hermès†collection of pricey kid toys does not stop there, though. The luxury brand also offers a $390 plush horse, a $405 silver-plated music box and a $435 sterling silver rattle. The rattle and music box are nice decorative pieces, but is anyone really going to give their newborn a sterling silver rattle to play with? The weirdest part of all is that children inevitably grow out of their baby toys, so itâ€s not as if the price tags can be justified with the potential for lifetime use.

Is there something weâ€re missing here? Let us know in the comments if thereâ€s ever a convincing reason to spend so much money on childrens toys!

The Chanel 2.55, now .2x more expensive?

Hermès posted second quarter sales results that were up 20% (must be the magic number), noting increased demand in Asia and the US, where a weaker Euro may have worked in the company’s favor. Groupe Laurent Perrier, a champagne maker, had a sales increase of 17% compared to the previous year, and Swiss watchmakers outpaced both for a 35% increase in exports compared to the previous year. {WSJ} Chanel recently opened a Korean store that set a one-day sales record of nearly $375,000. {JoongAng Daily}

Still, is now the best time to hike prices – particularly at a double digit rate? We’ll have to wait a few more weeks to see if the Chanel rumors pan out, but a recent report from MasterCard Advisors’ SpendingPulse showed a 3.9% decrease in spending compared to last June. With a few notable exceptions, even the good news isn’t entirely good. While sales are up, for many retailers this is an increase over sharp declines last year, so it’s not straight line growth.

What’s more, consumers with household incomes over $150,000 per year – the approximate entry level to be included among the top 20% of US households, account for almost 40% of spending. Luxury sales, which likely rely on $150k+ shoppers for a more significant portion of sales tend to fluctuate with the stock market. {Google News} Lately, the Dow Jones hasn’t been doing so well and may be an early sign of wealthy spenders becoming more conservative with their purchases in coming months.

The good news? Well, for the luxury retailers finally coming around to e-commerce, it may be better late than never. Online sales were up 9.7% overall. Apparel was the best performing category with growth of 18.6%, marking the seventh month of double digit gains. {Internet Retailer}

We know that Chanel has plans to finally offer a wider range of products to online shoppers – expanding on their existing beauty e-commerce area, and giving real competition to web savvy counterfeiters for the first time. Yet somehow we’re not sure if that will be enough if luxury shoppers start questioning why the same bag that was 20% less 2 weeks ago is suddenly more expensive. The Euro hit significant lows against the dollar this year, after laying off hundreds of workers at the height of the crisis we know they’re operating with a leaner workforce, and many brands cut production to respond to lowered demand. While Chanel is certainly one of the brands that can rely on its heritage to lend its products “investment” status, we’ll have to see if shoppers accept a price hike tied more to image than actual costs – or if they decide to invest elsewhere.

Pointy conical breasts anyone?

The collection also includes a fancy, backstitch satin bra with a shoulder-strap motif and a special garter belt, both limited edition pieces which will be shown in Paris at the French designerâ€s July 7 haute couture show.

“Lingerie is part of my DNA and of my heritage,” Gaultier said. “In my latest prêt-à-porter collection I revisited the conical bras and corsets worn as outerwear. This collaboration was a natural and logical step, especially since La Perla is the pearl of the lingerie, with the best savoir faire.” {Stylelist}

Gaultier announced his departure from Hermes a little over a month ago and has never had a full fledged lingerie line. Images of the all the pieces in the collection have not yet been released. {NBC}

“Cooperating with Jean Paul Gaultier filled us with satisfaction from the very start,” La Perla CEO Alain Prost said. “A perfect synergy immediately came to light between his vision and the values of luxury and elegance that have always been cornerstones in La Perla’s history.” 

The PR CEO start of Bravo TVâ€s “Kell on Earth” spoke to a small group of editorial interns, fashion-obsessed youngsters and public relations entrepreneurs at the Bryant Park Reading Room Series Wednesday, and she had a quite frank earful on the future of fashion, replying to a girl asking about where to look for a career in the field by saying:

“Style is in; fashion luxury, forget it. It’s over. Gucci, Vuitton, Hermes … all those places are really great, go for it. That business exists in a city called Paris, France. That’s where that is. Those businesses will continue. Retail business, pretty much over. I think people who sell to retail companies are people who can’t afford their own stores … Old Navy, J.Crew, Gap … they already knew that and aren’t wholesaling. Editorial, magazine, we are going to say buh-bye to them as we know them. They will still exist but everything is on the internet.” {The Cut, Racked NY}

On the one hand, tell us how you really feel, Kell. On the other, Bravo Kelly! She may be over dramatizing a tad in regards to luxury and retail being “pretty much over,” but it is about time someone spoke up about the hard realities facing fashion, especially in the editorial department. Times are changing, and if the dominant players in the industry want to continue to grow their businesses, they need to learn to adapt.

Persistent efforts on the part of luxury retailers to understand the youth market is a great start, but New York Magazine says the fashion industryâ€s biggest mistake is its strange fear and avoidance of the Internet, specifically social networks and blogs, citing the long series on the “future of fashion” Style.com runs in which they ask important fashion businesspeople like Barneys’ Julie Gilhart about the Internet.

We agree. Even when the big brands try, they don’t always get it right. Considering that the Internet has been a major force to be reckoned with for years now in many industries, fashion magazines and businesses still have a lot of catching up to do. Until revenue from web advertising catches up to revenue from print advertising though (they’re still miles apart), we suspect the wait won’t end soon.