I am wondering how other folks handle this issue.I am finding more and more that those nasty little camera phones are enabling the theft of my original jewelry designs. I confronted one person about copying my work and was promptly told that as long as it was being sold, or pictured on my web site, or printed in a book, that she could "USE" it. I pride myself in the fact that I have one of a kind pieces, and then I find it at another show being sold on that persons table. Copied exactly as my pieces.What can I do to stop this, I have signs on my table stating "NO PICTURES" but they still do it. Is there somewhere I can go to get a paper or something that tells about theft of my work or using my designs without consent?
It should be pointed out that if some one is serious about copying your work or designs, they won't bother with taking photos, they'll buy the piece they want to knock off, send it to China or where ever, and there you go. This happened to someone I met doing forged ornamental ironwork. Bed, Bath and Beyond was successfully sued years ago by a potter who established they had exactly duped his piece. If artists are really worried about this, read up on copyright law, and mark your work with the little C in the circle. If you can prove another outfit has nicked your idea, a court will issue a cease and desist order; perhaps the court will allow you to seize the offending imitators inventory which has been ajudged to have infringed your copyright. As far as winning monetary damages, good luck. Our job as artists is to be constantly innovative. If you do come up with something really novel, and are convinced it will take the world by storm, think about taking a large stock to one of the wholesale shows. Otherwise, doing juried FAFs, selling the item one at a time, you only have a one year window to milk your baby before being taken down by the knockoff lads.
2D artists - never let anyone with a 35mm digital slr near your booth. Bench jewelers (like me) - its so labor intensive, good luck finding a child labor camp in Bali that can knock off my stuff without it looking like crap. Beaders - not much copywriteable in a particular assemblage or beads, look at case law a century ago concerning wallpaper and fabrics. Potters - if you really come up with a killer glaze, you are into the world of patents and processes. If you're willing to lay out a few grand to secure a patent, it may help you sleep at night and have a less adversarial posture toward those who admire your work.
To answer the question...was I sure they were going to copy and sell.....yes. I ask what is the purpose of the pic and they answered "I am going to make and sell... or my boyfriend will make and sell" It has gotten to the point where I ask to see what they took pic of, and then I tell them to delete or we go to security....... most of them delete in front of me. A few of my pieces turned up the next day... at the same show... or on another person's webiste telling other people to go ahead and make copies.
Yes I am now in the let it go and wait for KARMA....but it still hurts....
We had someone put one of our jewelry pieces on the Sugarloaf website years ago in the middle of their jewelry which looked nothing like ours. It wasn't even a copy it was the piece they had sent me earlier that month for a repair. We weren't even doing Sugarloaf shows but they were great about taking it off their site. We then had a friend who is a lawyer write them a nice strong lawyer letter spelling out some lawyer stuff about copying our work. They had the nerve to send a lawyer letter back saying we copied them and to prove it was our design...no problem. We couldn't believe the nerve. After a not so nice letter back from our lawyer friend we never heard of them again. I have since learned to give it all up to Karma. Let it go it will only take you down worrying about it.
Are you sure people are photographing your work to "copy" it? Have you seen copied work at the same show or in other places? I know of people who might be interested in buying something snap a shot with their camera phone, and email it to a parent or someone to see if this is something they would want. I also know of tourists just taking photos as a way to show others "hey look at this festival I went to while on vacation - isn't this person's work nice? I have his/her business card - check out their website!"
The way I think of it is this, sure they can copy it - if there is a will there is a way, right - but it won't be "in" trendy because as artists we are always striving to do something bigger and better than the last especially if all work is one of a kind. The way I handle this is simply asking the person, "why are you taking photos of my work?" Confronting them can rule out those who aren't out to get your work and put others in their place if they are thinking about copying it. Also remind them what copyright infringement is if do go forward with the intention of copying your work, giving you bull crap how "it's public domain because it is on the internet" and how much it will cost them to copy your original designs of your work will be - this usually gets them to think. I am wondering, those who "try" to copy work, do they ever rarely ever get it exactly right anyway? Just a thought... Good luck!
Comments
2D artists - never let anyone with a 35mm digital slr near your booth. Bench jewelers (like me) - its so labor intensive, good luck finding a child labor camp in Bali that can knock off my stuff without it looking like crap. Beaders - not much copywriteable in a particular assemblage or beads, look at case law a century ago concerning wallpaper and fabrics. Potters - if you really come up with a killer glaze, you are into the world of patents and processes. If you're willing to lay out a few grand to secure a patent, it may help you sleep at night and have a less adversarial posture toward those who admire your work.
Yes I am now in the let it go and wait for KARMA....but it still hurts....
The way I think of it is this, sure they can copy it - if there is a will there is a way, right - but it won't be "in" trendy because as artists we are always striving to do something bigger and better than the last especially if all work is one of a kind. The way I handle this is simply asking the person, "why are you taking photos of my work?" Confronting them can rule out those who aren't out to get your work and put others in their place if they are thinking about copying it. Also remind them what copyright infringement is if do go forward with the intention of copying your work, giving you bull crap how "it's public domain because it is on the internet" and how much it will cost them to copy your original designs of your work will be - this usually gets them to think. I am wondering, those who "try" to copy work, do they ever rarely ever get it exactly right anyway? Just a thought... Good luck!