Several years ago, I wrote a tutorial for Step by Step Wire Magazine on how to make a cat out of wire that can be worn as a pendant, earrings, or what have you. I was told by Denice Peck, the editor, that I would still own the rights and I have no problem with her at all. I did, however, find where someone was directly copying my pattern, selling the cat online with out so much as a mention of me, the author.
I sent this person two e-mails. I told her I was glad she could use my pattern, but I was not happy that she didn't give me credit for the original idea. And, I wrote her saying she should have asked me before selling it and that she should have only used it for her personal use, not monetary as it was my intellectual property. (She's making a direct copy--no variations at all to my original design).
What do you all think?
Thanks in advance.
Comments
So frustrating that this other person is making money on your design...yes, let us know what the editor has to say and good luck putting a stop to this blatant thievery.
Dear Friends, if you are going to put something up on the internet, willing or not, it is going to be copied/forwarded and used elsewhere ... either the same way, or slightly differently. If you are willing to display your art/crafts in such a way as to attract interested buyers, it is going to be copied/forwarded/photographed and used elsewhere ... either the same way, or slightly differently. Facebook, Twitch, Twitter, Pinterest, Youtube, AFI (what? hey!) ... it is going to be copied/photographed/Photoshopped/forwarded and used elsewhere ... either the same way, or slightly differently. Here are copyright regulations, in case you want to start thinking about this: http://www.copyright.gov/title37/. Here's the U.S. Patent and Trademark site, so you can keep reading: http://www.uspto.gov/. Only after having ascertained legal origin / ownership, if you decide to prosecute or sue, try to make the case to a judge that you have suffered a loss or damage in some way that is directly attributable to the copycat's works.
Hopefully the copycat won't pull out a "parody" card, or be able to show that the work in question is not, in fact, attributable to a specific artist, but is in fact on the internet, and henceforth both a very attractively designed piece, but also widely shared throughout the U.S., and in fact, the entire world.
My wife doesn't want me to put photographs of her work on her web page, for the same reason. My response has always been that the internet is not the problem.
Well it certainly is a very emotional situation and I do completely agree that this person should have both responded to you when you emailed.
Instead of never doing another tutorial, is it possible to do tutorials using either common designs or ones that you would not care about? The point of the tutorial is not the actual piece but rather the process anyway right? Obviously you are not protective of the process or you wouldn't do the tutorial to start with and the process does not require one of your protected designs.
I know it seems unlikely but is it possible though that they didn't go to your website and see the un-pictured mods and they do believe they were 'inspired' and did not copy verbatim.
Good luck with it all and I hope you don't let it upset you too much or keep you from passing along your knowledge to new artist.
Wow, you all won't believe this. Now, the copy cat has changed her description of what she's doing to include saying she "saw a similar wire cat in a magazine a long time ago". . . . and that she took features of the design" and add(ed) feet instead of straight legs and created a means of hanging the cat on a chain . . " The feet she claims to have created are exactly the way they are on my website (which was published in the article) and in Fire Mountain Gems catalog where I originally won the silver medal that led to the request for the tutorial. The only difference is the bale "she" added which is something I do at times. The picture in the magazine doesn't show the bale cause they wanted what was used in the winning necklace. I had thought about letting this go, but now I'm --you know what!!!
Susan, not so much how long but just 'how'. I don't like the pics either. There was one show where I saw someone with camera (or maybe a phone?) like they were scouting out taking pics. I immediately told dh "no photos". However that policy does not keep people from being sneaky about it, especially if they find you busy in your booth with other customer. I do have photos on my website of my products so they can still go there but it takes more time and effort than the impromptu "inspired, in the moment" photo. I will admit I have looked online for inspiration & bookmarked it but have never copied anyone.
Cynthia,
Do you get people who ask "how long did it take you to make this?" I get it all the time. One artist told me it took him 22 1/2 years. I wondered if that wasn't a touch sarcastic although I get where he's coming from. I'm thinking Chris's saying about it being a "process we have developed over time" might be a good answer to that question too.
Another pet peeve is people who take pictures without asking. I've caught several sneaking pictures this year.
I have had the occasional customer in my booth ask how I do what I do. I struggled over what to say, torn between answering their question but not wanting to give away the farm. I asked about this dilemna on another form and got an answer from Chris, who "lives" here and at that other forum. He suggested replying with something like "It is a process we have developed over time." I like this because it acknowledges the question. At the same time I am letting them know it IS something we are perfecting over time and it is not a stagnant process. Why should I give it all away?
Reminds me of that old saying, "why buy the cow when you can get the milk for free?" I mean, these people are standing in my booth, possibly considering a purchase or looking for a craft they can do at home for a gift ... I understand that many people will not want to go through the time, effort and money it takes to assemble the necessary "ingredients" to do the one or two sets of coasters they want to buy. But it is hard to tell on the surface if the inquirer is asking out of idle curiosity or looking to start their own gig.
Now, I am not so hard hearted that I cannot help someone. A lady on a FB group I am on inquired about how to do it and I felt I should share with her. So I messaged her off the group with some instructions. Now, I have some written instructions but it's not the same as having photos or a video, etc. and the skills someone like myself has acquired.
I agree with you Larry and Lynnea,
(Larry, if my name sounds familiar, I'm the one who called you the other night. Thank you again for your help).
The editor's note was friendly but I felt like she really didn't clear. If you'd like, I can copy and paste her message. I haven't responded to it. And, I still haven't heard from the copy cat.
I think an editorial is indeed called for. I think I will suggest it.
I'm still a bit angry over this--it feels like a betrayal, but I'll move on--only I'll be selfishly protective in the future. This stuff makes a person hesitate about being a good Samaritan.
I had taken the pictures myself as I used my son's girlfriend as a hand-model. I don't remember if I used Photoshop, but still have the original tutorial on my computer.
I did this tutorial 7 years ago. I know more now and will never do another tutorial.
I agree with Larry... the problem is the magazine probably doesn't care. Having purchased this magazine in the past.. the detail about personal use is in very fine print somewhere I am sure. They know people will copy the designs and most likely sell them. It is only when the artist protests that you hear about it. The sad fact of our world is people will see things and copy them and we as artists have to decide how vigorously ($$$) we want to defend ourselves. It is rampant in jewelry. It is why I will tell some but not all of how I do things when asked. Yes there is the component of your personal style/techniques.. but the copy cats don't have this so they only know how to repeat what they've seen.
I haven't read this whole thread but when images are downloaded with tutorials for Photoshop, they are specified as for personal use only which means absolutely no commercial use. The same should be specified with your pattern. The magazine should back you up and have their attorney send a letter.
This isn't rocket science and if the magazine expects contributions from creative people, they need to be clear on the rights of the readers, maybe printing an editorial about it in the next issue.
Larry Berman
http://BermanGraphics.com
412-401-8100
-
1
-
2
-
3
of 3 Next