Qisthenadi : Is it... Copyright Though?

 

A significant scandal involving influencer and hijab businesswoman Qistina Adi, the creator of the popular brand Qisthenadi, rocked Malaysia's modest fashion market at the beginning of 2024. On TikTok, Instagram, and Twitter (X), the incident which is now known as the "Copyright Tudung L" issue, has sparked intense discussions, particularly among local entrepreneurs, creatives, and internet users who questioned the ethics, legality, and ramifications of intellectual property claims in the fashion industry.

Qisthenadi Logo

Qistina Adi is the founder of Qisthenadi, a Malaysian hijab brand known for its wide and modest shawls, such as the "Seri Squareshawl" and "Amina Cotton Shawl". The Malaysian content producer and entrepreneur Qistina Adi gained attention with her modest clothing line. Qistina frequently uses TikTok to display her hijabs, blending narrative with marketing to cultivate a devoted fan base.

Her branding, which places an emphasis on inclusivity, practicality, and modesty, aided in the company's quick expansion. Muslim ladies looking for comfortable and fashionable hijabs frequently share Qisthenadi's creations on social media.

In a now-deleted TikTok video, Qistina claimed that her company had copyrighted the L-shaped shawl design, a particular hijab cut that neatly wraps for complete chest and shoulder coverage. This was the start of the controversy. She also warned other sellers against stealing the design because it was "registered."

Customers and other hijab vendors reacted negatively to this statement as it quickly went viral, with many feeling intimidated by the tone of her speech. In response, dozens of vendors and internet users noted that the L-shaped cutting was not unique to Qisthenadi and had been widely available on the market for years.

Some notable reactions during the time included:

• Small hijab brands speaking up about being bullied into thinking they had to stop selling similar items.

• Lawyers and IP experts clarifying the misuse of copyright law.

• Creators and followers mocking the claim in memes, parodies, and duets.

Attorneys and small business owners are making claims and memes about the copyright issue.

Source : Tik Tok

The platforms most involved in the controversy were:

• TikTok – where the original video and most reactions were posted.

• Instagram – where fashion influencers and brands discussed the matter.

• Twitter (X) – where the legal implications were debated in threads.

The situation escalated rapidly, showing how one viral claim can spread across multiple platforms and affect public perception in real time.

The Copyright Act 1987 of Malaysia states that functional designs and clothing shapes are not protected by copyright. Alternatively, fashion goods might be protected by trademark or industrial design regulations, but only if certain requirements are met:

• The design needs to be new and original.
  
  
• It needs to be registered under the Malaysian Intellectual Property Corporation, or MyIPO.
  
  
• It cannot be a shape or function that is frequently employed.

The L-shaped shawl in this instance cannot be protected by copyright since it is a commonly used and functional design. Only her particular pattern layout or graphic design would be protected, not the shape itself, even if Qistina had filed the artwork or measurements.

Qistina addresses the issue what she meant by copyright and apologises for the misunderstanding.

Source : From Lobak Merah article

Days after it went viral, the problem was publicly addressed and fixed.

Qistina apologised and clarified her previous remarks on social media. She clarified that her team registered her Seri Squareshawl's precise cut and measurement, not the L-shape design overall, because she had misinterpreted what she meant.

She also promised to be more cautious going forward and accept responsibility for her mistake. While some netizens remained skeptical, many appreciated her willingness to backtrack and clarify her position.

 

There is more to this case than a viral scandal. It’s a valuable lesson in intellectual property, business ethics, and the risks of making strong public claims without legal grounding. Here are some insights that we could take note of :

• Know the limits of the copyright la. Understand the difference between copyright, trademark, and industrial design
• Avoid making legal claims without proofs. Consult with legal professionals (if must) that could help you understand the rights of your artwork.
• Support, don't threaten to creative community. Building community rather than dividing is more sustainable, particularly in local creative enterprises. Encourage others and value uniqueness instead of censoring concepts that might not be defendable.

The Qisthenadi issue is a powerful reminder that law and creativity must coexist. Protecting your works is an admirable objective, but it's just as crucial to know what the law actually permits you to do. Being clear and responsible are more important than ever in a time when social media may amplify any opinion.

This is a call to action for creative entrepreneurs: learn, develop, and properly copyright your work.

Sources :

• https://lobakmerah.com/saya-akan-lebih-berhati-hati-kecoh-isu-copyright-tudung-founder-beri-penjelasan/
• https://hype.my/2024/370287/video-influencer-under-fire-after-claiming-she-copyrighted-l-shaped-shawl-design/
• https://www.linkedin.com/pulse/can-you-copyright-hijab-design-nurul-hanani-a--nsidc?utm