Design plagiarism or regurgitated clip art?

T-shirt graphics created for the newly formed political party "No Labels" are the cause for a heated debate about design plagiarism. The artwork created by Fly Communications looks very close to artwork produced by Thomas Porostocky in 2004 (shown at left on totebag).Creative director Dave Warren of Fly Communications insists he came up with the concept on his own using royalty free clip art. Porostocky said he's stunned by the blatant plagiarism.What do you think? Is it just a case of regurgitated clip art or is it design plagiarism?Source: The Daily Heller, 12/14/10