Wednesday, October 27, 2010

Blindsided

I got an interesting email today from an jewelry designer stating that since my piece resembles hers she is going to file a "notice of copywrite infringement" on me.

While I was polite and honestly stated there was nothing sinister and no copying done, honestly, I am having a little trouble grasping where she is coming from.  She specifically mentioned the "vintage sepia-toned image transfers (bees, butterflies, birds, etc)."  I'm not sure what she is saying I shouldn't use:  bees, butterflies, birds, or ceramic pieces, or buttons?  Which of these does she own?  I didn't design or make the ceramic piece, I just bought it (and some others).  I'm pretty sure the vintage image used isn't copywrited, and, well, I love vintage buttons and have had them in my shop for a while...does she own the rights to those, too?

I think if anyone searched long enough there would not be one design that someone, somewhere hasn't inadvertently duplicated.  I'm not so proud to think that I can come up with an idea that no one has or ever will think of.

I'm honestly troubled by it, but also confused.  Just weird.  I use so many different types of materials in my work and it's so eclectic I bet there isn't any metalsmith out there that couldn't look at my work and say that it resembles theirs in some way.

Ah well, we'll see what happens.  If nothing else, I'll have an amazing necklace to wear.

I just find it all very interesting.

(just to be clear, she wasn't rude, just stating that I copied.. hmmmm) 

6 comments:

  1. I wouldnt worry about it too much, some people are just crazy, did she send you an image of her "copy righted" design? She is probably, for lack of better words, full of it. I love your work and the pieces are so beautiful and ORIGINAL, keep up the beautiful work!

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  2. Perhaps I am infringing her copyright with these:
    http://www.etsy.com/transaction/35772970

    Do you think I should be worried?
    No...

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  3. where did she get her materials? how long has she been making it? has she filed copy write paperwork?

    some people have too much time on their hands. Now days it is pretty hard to have an actual original idea that hasn't been seen or done!

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  4. I'm pretty sure I know who it was that said something to you. While I can see the similarities, I am always puzzled by people who call copy cat. I mean, is it really that big of a leap to set buttons (which resemble cabs) and ceramic cabs in silver? And then be surprised that someone might arrive at the same idea? I know you to be a person of integrity, and I highly doubt that if you had copied her you'd be talking about it on your blog. I read somewhere that they have to prove that you stole the design, and not only that, since they are made using commercial components, they have to prove that you stole the idea. Sounds pretty tough to prove to me....sorry you are going through this...

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  5. After she contacted me I looked through her stuff to see. I saw three things in her sold items that had buttons and ceramics together, and two were bees, but I, honestly, other than us choosing the same components how the leap to copying was made. I think her stuff is lovely, but other than using the same components (which the ceramics I have are not the same) I don't see a resemblance to my ONE piece and all of her stuff. Ah well, this too will pass.

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  6. Worry if you get a letter from a lawyer - otherwise... (started to say something unkind)

    Your work is beautiful. Keep up the good work!

    Smiles - Denise

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