Original or copy? How to recognise genuine design furniture

Few things are copied as often as the great furniture classics of the 20th century. Online, you will find armchairs that look like a Barcelona Chair for a fraction of the price. Sometimes there is hardly any difference at first glance, but all the more at second glance. This article shows how to recognise originals, why licences matter and what copyright law has to say. It provides an overview and is no substitute for legal advice.

Licensing: who may produce a classic

Many design classics are now made by manufacturers who have obtained the rights from the designers or their heirs. These licensed manufacturers work from the original plans, agree any changes and mark their products accordingly. A few examples:

Licences are also often divided by region: Vitra makes the Eames Lounge Chair for Europe and the Middle East, Herman Miller for other markets. Even the name can be protected: the trade mark rights to the name “Wassily” are held by Knoll. Wording such as “in the style of”, “inspired by” or “reproduction” in a listing is therefore already a clear sign that the item is not a licensed product.

Identifying marks of an original

Licensed manufacturers give their furniture features that can be verified. What these are varies according to the brand and year of production.

• Knoll: on the Barcelona Chair, the Knoll logo and the architect's signature are stamped into the frame.
• Cassina: pieces from the “Cassina I Maestri” collection bear the designer's signature, the collection's logo and a production number that matches the identity card supplied with the piece.
• Fritz Hansen: upholstered furniture made since 2006 carries a manufacturer's label, and Egg Chairs are delivered with a certificate of authenticity.
• In general: labels, embossed marks or serial numbers, plus an invoice from an authorised dealer.

On older pieces, these features look different. Early Herman Miller furniture, for example, carried paper labels that may have faded or been lost over time. A missing label on a vintage piece is therefore not in itself proof of a copy, but nor is a label on its own proof of an original.

Materials, workmanship and price as signals

Even without a label, copies often give themselves away in the details. Licensed manufacturers do not skimp where it is not immediately visible; copies skimp precisely there.

• Proportions: copies often deviate in seat height, tilt or radii. Compare the dimensions of the original with the details given in the listing.
• Weight: deviations are telling, in either direction. Fritz Hansen, for example, points out that copies are often considerably heavier than the original.
• Metal: untidy welds, patchy chrome plating, visible screw joints where the original is welded.
• Leather and upholstery: faux leather instead of leather, inferior foam, crooked seams, a smell of solvents.
• Price: a new price far below that of the licensed manufacturer is the strongest warning sign. Be particularly careful with offers such as “trade fair stock at a fraction of the price”.

There are good reasons why originals come at a price: licence fees paid to designers, heirs or foundations, smaller production runs, many steps carried out by hand, tested materials and a service that provides spare parts and refurbishment for many years.

An original is not just a matter of prestige. It is also a question of durability, the availability of spare parts and the possibility of having a piece refurbished over decades.

What copyright law says

In Germany, furniture can be protected by copyright as a work of applied art if it constitutes a personal intellectual creation. For a long time, the courts set a higher bar for everyday objects than for fine art. With its “Geburtstagszug” (“Birthday Train”) ruling of 13 November 2013 (case no. I ZR 143/12), Germany's Federal Court of Justice (BGH) abandoned this distinction. Since then, applied art has in principle been subject to no stricter requirements than other works.

Selling across borders is regulated too. In the “Donner” case, the European Court of Justice (ECJ) ruled on 21 June 2012 (C-5/11) that the sale of replicas of protected Bauhaus furniture to customers in Germany can be legally pursued, even if the goods come from a country where they were not protected. Registered designs, which offer up to 25 years of protection, and trade marks can also play a role. For orders from countries outside the EU, customs may detain shipments if an infringement of intellectual property rights is suspected.

For buyers, this mainly means one thing: a reputable dealer names the manufacturer, includes a proper invoice and can answer questions about the licence. If these questions go unanswered, caution is advised.

Not every piece of furniture is protected. The designer of the Acapulco Chair, for example, is unknown, and it is made by many manufacturers. To assess a specific case, the advice of a lawyer specialising in copyright law is what counts.

Buying vintage and second-hand safely

Pre-owned originals are a lovely way to own a classic with a history. Different rules apply here:

1. Document the provenance: ask for the original invoice, a certificate or details of where the piece comes from.
2. Know the labels of each period: manufacturers have changed their labels and embossed marks over the decades. A modern label on a supposedly early piece is a contradiction.
3. Ask for restoration to be disclosed: new upholstery or covers are legitimate, but should be mentioned.
4. If in doubt, have it checked: experienced dealers, auction houses or the manufacturer itself can offer guidance.

You can read more about how the great designs came about in our article Design classics: the icons and their history.

Frequently asked questions