I have a patent pending on an item I make. There is a sign above the display with the PP number on it.
It never fails a few times a year that after trying one on, a customer will say that she just wanted to see "how you make yours because I make the exact thing."
I ask her where she's from, does she have a website, what shows is she in? Subtle, huh?
I quietly ask her if she saw the sign over the display. Sometimes, the question is, "What does that mean?"
I explain that my lawyer exhaustively looked through all patents to see if one was filed about the making of this exact product. Anyone who breaks a patent will be subject to the strictures of patent law.
I did find a crafter trying to copy my design. A letter went out from my lawyer(which costs me!)
How do I know she ceased making them?
That's why they don't appear on my website.
Someone told me not to put my best jewelry designs out on the web either. Other artists stroll through and copy.
WELL, how am I suppose to sell off my website?
To what percent do I have to honestly worry about this unethical practice?
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This is one of the most annoying parts of doing festivals. And, at the same time, I think it's futile to get so upset [me].
I try to battle it - by standing in front of my work so when people take pictures, I'm blocking them. I then hand them a card and say - "if you want to revisit my work at a later date, you can go to my site."
When fellow artists ask me how I make my work I say - "It's quite a talent" or "If you'd like to sign up for a workshop, I charge $175" and hand them a clipboard or when they ask what kind of glue I use, I ask them why they need to know.
At some point at every show, my husband taps me on the shoulder and tells me to go for a walk.
But, I have to remember that ideas are not copyright protected, and as much as a patent costs to get and enforce, there's someone who will find a way around it.
So, I just keep making new stuff and hoping to stay ahead of the copiers...
See you on the road!
Now don't laugh!
My hero of a husband knows our season starts soon with a bang and he said to me could he take the burden off me and do "some of that PMC stuff because it just looks like Silly Putty work."
At first I was speechless.....he has never seen me work with PMC, he only takes items out of the kiln when the buzzer goes off.
If anyone else had stepped into it like that they might be heading for some words but he's my lover/ friend/ husband.....you know how it is....love!
So I'm going to give him some older pieces this weekend.
And I'm really going to try to teach him....but I know my guy. He's a left brainer. At work the women always complement the way he dresses. He tells the truth, bless him. His wife picks out his outfits. He wouldn't know bark from celadon if you gave him a chart.
As for me, if I make a PMC mold or image that works well I have done several version of it...varying,say, the color of the pearl each time. But I have to really like it to make it more than twice.
Dan says after you perfect one idea, it's a waste of the magic it took to create, if you don't do at least another. Sensible. But rarely do you think ahead and make two end clasps and patina them the same OR purchase enough pearls for two good strands. You know?
I suppose I should do more thinking for two.
But like Annette I bore easily.
It's always on to the next....quickly....can't wait.
Sometimes, I don't think I stop and savor the finished product enough.
Do you have a ritual or habit when you finish a large piece that brings closure?
Thanks Michelle and Annette and Shoshanna,
I've left my wedsite to molder as I've hit this great creative streak.
Along with that my customers....NOT GOOD!
Because I was afraid to post.
We all have to face what we fear. I guess I feel that when they say "nothing is new under the sun" they mean what humans think or feel or their reaction to common life issues.
But to be an artist and create is to be god-like.(I don't mean to offend.)
I cry my way through the majesty and tragedy of the entire Louve. The beauty of Josh Grobans voice alieves my most intense pain and leaves me breathless. The last line in "Middlemarch" makes my soul sigh. God's sunsets in Hawaii make me take the Leap of Faith. Spielberg takes my imagination on wonderous journeys where no one has gone before. Tim, my wonderful jeweler friend who just passed at 54 of a massive heart attack, created the stunning ring I deeply love. It remains an original...like him.
But you are right, too. If you don't have the magic you can not know what it took to create and the soul of the copy is empty. I find that people cannot put together or appreciate why great mixtures of color work. Throughout my life, people have asked again and again "How do you do that?" Meaning mixing textures and hues into beauty. It is as natural to me as breathing. I don't ever even think about it. God gave me this gift and I am grateful.
Maybe I could show just half of the necklace? Explain in the website that if the customer is interested I would send a Pic of the entire item.
I really am paranoid, aren't I?
I better get over this. Move on, didn't you say? I only create(usually) one of every great thing anyway.
What about you?
Do you make more than one of each design?
I am not an attorney and don't play one on TV, but I did work in a patent department for a few years and learned a few things along the way. The patent will protect you, however, you must prove that the other party copied your design and take action - which in most cases will turn into billable hours for your attorney. Patent infringement can be a tough battle to win. Also, you may want to change your sign to just say Patent Pending and remove the US number. If someone is truly interested in designing the same thing, they can go to the US Patent & Trademark Office website and pull up your application/patent and read the claims.
The company I work for used to put patent numbers on their items, but no longer does that. It just makes it easier for the competition to design around the patent.
Again - not a lawyer, not even a semester of law school. Just a few things I learned.
Linda, if I'm in the midst of shows I may not put up a couple of special pieces, but that's more to reserve them for selling at the show. Ultimately, 90% of my inventory is on my website - some never make it there as they're sold first, and some I just haven't had time to upload.
As far as blatant copying goes:
I was told by an image consultant (who was a client of mine) that she had commented on a woman's necklace with the question "was that made by Annette Piper in Coolah?" "Oh," responded the woman, "no, but she has a great website, I get all my ideas from there!" Like, what the!?
And then there are the inevitable people who make their own jewellery who take up valuable booth space and your time to study your work for extended periods of time, obviously trying to either work out how its made or what it is made with. They NEVER buy one - they're too cheap to do that LOL, they want to get all the information, ideas and your creativity for free.
I've also had people copy, verbatim the text I use on my site - from product descriptions through to privacy policies!
All these things have made me angry but then I decided to move on - there will always be someone copying or wanting to copy your work, so we've just got to keep ahead of the game and keep designing something new - they won't have the same flair for colour or the same skills to make quality items, or the longevity we have, so yes, as Laura indicated, the copies are inferior. Unfortunately if they're selling those copies, they can convince a potential client - at least until that client looks closer (if they do), so they can still lose us business!
Of course, on the other hand, it has been said that NOTHING is original, but I'll leave that to another discussion!
I know, Laura, it's depressing to me not to put my best out there.
I want my web clients to have the best selection, too.
This year I'm going to larger but fewer Art Shows. How this will pan out I have no idea.
I've thought deeply about this ever since an AFI member told me they didn';t.
I'm not creating the Crown Jewels here but it's my magic.
I'm normally a great sharer.
What's the problem?
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