The Nigerian fashion industry is currently embroiled in a heated debate about originality and imitation, sparked by the recent resurgence of designer Sandrah Tubobereni's viral Instagram post from December 2023.
The founder of fashion brand Tubo has consistently voiced her concerns about copying within the fashion space, and her old post suddenly regained attention online yesterday, bringing the critical discussion back into the spotlight.
Tubo's Strong Stance Against Fashion Imitation
In her resurfaced Instagram statement, Tubobereni expressed that designers now "look over their shoulders" before sharing their creative work due to constant fear of having their designs copied.
She firmly stated that copying constitutes "stealing" in her view, emphasizing that even when imitators tag recreated outfits as "inspiration from Tubo" doesn't make the practice acceptable.
The designer specifically called out the popular "What I ordered vs what I got" social media trend as a direct infringement on her intellectual property rights.
She issued a clear warning that she would no longer tolerate anyone reproducing her designs for commercial purposes, marking a significant shift in her approach to protecting her creative work.
The Complex Reality of Fashion Copyright in Nigeria
Tubo's position isn't merely emotional but operates within Nigeria's complex intellectual property framework. While Nigerian fashion designers can legally protect their creative output, the current system contains significant gaps that complicate enforcement.
Under the Copyright Act, original works including sketches, textile prints, and illustrations receive protection. However, this protection often becomes invalid once a design enters mass production phase.
Designers have the alternative option of registering their creations under the Patents & Designs Act, which specifically safeguards the aesthetic or ornamental features of a design—including its lines, colors, or shape.
The challenge lies in the stringent requirement that the design must be "entirely new" to qualify for this protection, creating a high barrier for many creators in the fast-paced fashion industry.
Mixed Reactions and Historical Context
The resurgence of Tubo's post generated immediate and divided responses across social media platforms. While many users supported her position, arguing that designers deserve stronger legal protection, others countered that fashion inherently builds upon inspiration.
The debate intensified when users began sharing comparison images showing Tubo's designs alongside older pieces from international luxury brands. One particularly striking comparison placed a Tubo dress next to a vintage Dior couture design, prompting questions about whether any fashion designer can realistically claim complete originality.
This controversy echoes American writer Mark Twain's famous observation that "There is no such thing as a new idea," a sentiment frequently referenced in creative industries worldwide.
The global fashion industry demonstrates that drawing from historical references is standard practice. Major fashion houses including Dior, Chanel, and Balenciaga regularly revisit their own archives or previous fashion eras for inspiration.
Fashion education institutions actively encourage students to study historical works, analyze runway history, and use references when developing new concepts, further complicating the line between inspiration and imitation.
In the Nigerian context, the practice of customers bringing screenshots to tailors requesting "sew exactly this" remains commonplace. While some consumers justify this by citing affordability concerns, designers argue that imitation damages both their creativity and business viability.
For established designers like Tubo who invest significantly in building brand identity, protecting original work becomes crucial since creating unique pieces requires substantial time, skill, and financial investment.
The digital age adds another layer of complexity, as platforms like Pinterest, Instagram, and TikTok create global trends that simultaneously influence designers worldwide, sometimes resulting in similar creations emerging independently across different regions.
Ultimately, the conversation sparked by Tubo's resurfaced post highlights the ongoing tension between protecting intellectual property and acknowledging fashion's inherently referential nature, leaving the Nigerian fashion community to ponder where inspiration ends and imitation begins.
