Are Homage Watches Legal?

The world of homage watches can get a little murky. They are often looked down upon and I feel there is a lot of confusion about this whole topic area. They are often labelled as fakes, copies or even illegal, which can of course be true in some circumstances, but not always.

Homages are not illegal, Fake watches are.

So let’s try and unmuddle this mess that surrounds homage watches and explain the differences and what is allowed and what is not.

What Is A Homage Watch?

Very simply a homage watch is when a new watch draws inspiration from another older watch.

It may borrow aspects of its design to give it a certain feel. You can see this with many modern watches that feel like they could easily be from 50 years ago. Watches like the Tudor Black Bay 58 draw inspirations from various dive watches that were made in the 1950s, but it is still very much its own unique design.   

The key word here is “draw inspiration”. This is where it gets a little murky and where homages can start to get a bad name.

(You can read more about – Should You Collect Homage Watches)

Different Levels of Homage Watches

Not all homages are equal and if you look at what is available you will start to see that they fall into one of the following:

Inspired

The first level of homage watches is what I’ve just talked about, drawing inspiration. This can be from a number of watches and just be little subtle hints. These are what homage watches should be.

Again, the BB58 is its own watch. It doesn’t look like anything else, it just has that aura that it’s from a different time. You can clearly feel it’s been inspired by the watches of the 1950s.

If we compare it to art, you might understand better. If you think about Vincent Van Gogh’s Sunflower painting, it’s very famous and well known. I used to go to the National Gallery in London a lot, just to look at it.

Now say I want to paint a picture. I take a vase and fill it with flowers, maybe there is one sunflower there, but the rest are other flowers. This would be a homage to Van Gogh. It’s very much my painting, but fully inspired by his. You might look at it and say “this reminds me of Van Gogh” but then again you might not, as its just some flowers in a vase.  

This is totally acceptable and legal and how homaging should be done.

Heavily Inspired

You then have the homage watches that are a little more obvious. The watch maker has seen a specific watch that they like and they have made their version of it. There interpretation as such.

This would be like me painting a vase full of sunflowers. My vase is different, the shape, size and number of sunflowers are different. It’s still very much my painting and style of brush strokes, but you will instantly look at it and know I am doing a heavily inspired version of Van Gogh’s painting.

This is still acceptable and legal. Some people are not the biggest fan of it. Personally I don’t mind it.

Similar

We then start to get into the questionable territory. The homage watches stop being inspired by the original and start to get very similar.

This would be like me painting the sunflowers again, but having the same number as Van Gogh. Having a similar vase and using a yellow background. I might also start using oil paint and using similar brush sizes and strokes.

At this point my painting looks fairly similar. No one is going to say they are the same painting, but they will all say they are two paintings of the same thing, done in the same way, but clearly painted by two different people.

This is when people start getting really divided about these sorts of watches. Some people see them as too close to the original and deem them copies. However, legally these are still okay.

Copy/Replicas

From here both the watches and the painting start getting similar and similar. You will start to hear the words “copy” and “replica” being used.

This is when you are making a concerted effort to get the two to look as close as possible. I will start painting my sunflowers as close to Van Gogh’s as possible.

This is where it can get murky in the watch world. Watches stop being inspired by each other and start getting into the “copying” territory.

A watch is made up of many parts and designs, which have various copyrights and patents. This mean you cannot “copy” a watch directly, but I am sure you are aware that in reality this doesn’t seem to be the case.

Watch makers will try and change things ever so slightly. The minutest changes can make a watch “different” while pretty much keeping it the same. This can keep things from breaking copyrights and keep things legal.   

When Do Homage Watches Become Fake?

Skirting the lines with the copyrights and patents is still legal. You can do this with no problem; even though I am sure the watch brands being “copied” will hate this as well as many watch collectors.

These companies are using legal technicalities to stay out of trouble. They are also still using their own branding at this point. The homage watches can be very similar, apart from the brand name.

When you put these watches side by side, you will start to see all the small differences. Of course some of these will be from cutting corners with manufacturing costs, but regardless, they are very much two different watches from two different brands.

I am reluctant to still call these homages, but I am also reluctant to call these copies. They are very much in that grey area, but, still legal.

As soon as a watch breaks copyright and patent laws, they are illegal. However, let’s be honest, most companies know how to play the game and are clever enough to make small changes. So when is a watch fake?

For me the majority of the issue comes with the copying of the branding. Copying a Rolex design and calling it BrandX is pretty low, but it can be done. It’s more an ethical issue than a legal one.

Copying a Rolex and calling what you’ve made a Rolex, that’s illegal.

The people who make these are not interested in watches. They are interested in selling you the brand and ripping you off. They know watches like this can command high prices and they want their cut.

These watches will not be well made; they just need to look good enough to get someone to part with their cash.

(You can read more about – How Is A Homage Watch Different From A Replica Watch?)

Fake Watches Are Not The Same As Homage Watches

Fake watches are not homage watches. These are often called copies or replicas, which I guess is true, but in reality they are just counterfeit goods.

I know you can get “super replicas” that are meant to be better quality, but again, these are just made to look as good as possible to make you part with cash. They are illegal and you are not getting any guarantee the product will work long term. They just want your cash.    

Often they are sold as the real deal. With a homage, you know it’s not the real deal. You understand it is a “wannabe” and that it’s a low quality watch, inspired by the more expensive watches. There is no doubt with this.

When someone is trying to trick you into thinking a low quality watch is something else, as well as trying to get you to pay luxury prices, that is really not cool.

(You can read more about – Frequently Asked Questions About – Homage Watches)

Conclusion

If you are ever in doubt of a watches authenticity, walk away from it. You do not want to pay money for something that is illegal, and more importantly, bad quality.

However, homage watches, if done right, can be a wonderful watch to own and perfectly legal. I know some people are not a fan and would rather own the original, which it’s totally fine, but if you are unsure about them, try one out and see what you think of it, you might be pleasantly surprised.  

(If you dont like homages, you should check out – Affordable Watch Brands That Are Not Just Homages)