Well all I can say is that it has been a very interesting
last couple of days!!
During my “browsing” travels early in the week I came across a piece that was
for all intense purposes like one I have had out for quite a few years. But the
thing that really caught my attention was the person doing the pieces was making claim that they were an “Original” design…and I knew fully well that it wasn’t!
So me being me! - I wrote to the person concerned and
thought I was being polite (which apparently I wasn’t going from her response!)..in
trying to point out to her that she may want to “re-evaluate” using the words “Original/s”
when placing descriptions on pieces she has made.
I further went on to say that I knew this design was not an “original”
and yes well – you can imagine the retort I got back!
I was told how dare I accuse her – and that she had never
seen my work- and didn’t know this design was out there – etc, etc....and not to contact her again. Wonder what her reaction would have been if I'd done a "Cease & Desist" on her!!...LOL
Ok – so am I missing something here???
Do people still live in caves?...or under
rocks for that matter?...and sorry - I'm not trying to be rude or derogatory here - but I'm really puzzled by it all. Is this not the Internet where after placing a search
word in Google that you can “click” a button and pull up all sorts of
information??
Hey – don’t get me wrong – I do know some folk aren’t that
adept at doing searches and seeking info on the net – and yes I totally understand that some are computer challenged...but when you are in a business and using a computer probably on a daily basis - and have things on websites - sorry - but to claim you "couldn't find someone" really doesn't wash well!
So I thought – ok –let’s go test what she claimed as having had a hard
time trying to find me. Now I don't know about anyone else - but if you want to find someone on the net - the simplest thing to do is put in their name and hit "search. So I put in my name – “Suzi Campbell” in a Google search – and oh wow!...hows that!!..my personal
website is the first thing that pops up!...and if you make the search “Suzi
Campbell Creations” and actually click on “Images”….oh
wow again!!...there’s a stack! And if you go one step further and put in the
search “Suzi Campbell Creations tutorials”…crikey!!...there’s almost 2 and a
half pages of me and my “stuff”……amazing huh! (and yes there's loads of sarcasm in all that!..*grin*)
.. and I’m hard to find!!!! *rolls eyes*
Well as you can imagine – after I stopped laughing from all the info that was popping up - I thought about it and have resorted to the fact that
some people are just lazy or simply think they can "fly under the radar" – and they won’t even bother doing any research at
all on designs and check to see if
something already exists! So in a sense they are just putting
themselves in the firing line when it’s not necessary to do, and – not to
mention can save a whole lot of angst and heart-ache for a person who does have
a design that pre-dates what the other person is claiming, and at the same time - stop all the unnecessary messaging that entails when things like this pop up! Ah!..but that would be a perfect world - and a perfect world is alas not something we live in.
The way I look at it is this – if you come up with something
you think is original and you are wanting to write a tutorial on – or even if
you just want to make and sell your wares – before you go placing the words “ORIGINAL
DESIGN” - do some research!....
Another thing that isn’t helping any of us, are people
jumping on sites or doing ‘youTube’s etc
stating that Copyright Laws don’t exist the way people are purporting them to
exist, and that if an Artist/Designer/writer of Instructions tries to tell you
that you cannot go making and selling items from written instructions that you
have purchased off them – then you can go tell them to go jump!!....WRONG!!
If you purchase any written instruction – and the person who
wrote it has defined TERMS OF USE…then guess what!??? You MUST!! Abide by their Terms of Use – or suffer the
possible consequences.
It is the same as when you purchase a book – there are
copyright laws in place that prohibit you from scanning, copying or using any
and all information in that book in another public place without prior written
consent…so why do people think the Jewellery world is any different?????
Yet another thing that doesn’t help this issue is when some
say – “Oh you can write a tutorial on ANYTHING! You like – so long as you don’t
do it using someone else’s pictures and text…go for it! ….And – yes – you can use anything that’s in
the public domain….hmm ok
So what is exactly in the public domain??
Well that alone is a very interesting subject and question, as it totally
depends on the circumstances of the works – when or if it was published – if the
person who wrote/designed the works are still alive – etc, etc!
This goes into detail about if a work is published – when it
was published – if a copyright registration was or wasn’t obtained…etc, etc ..And it is from Cornell University - so that alone has excellent standing.
Ok – so like I said I’d had a few interesting happenings – and the
other one ended up being just as challenging!
Again – whilst doing a search – I found yet another piece I’d
designed – again a few years back – but one I hadn’t wanted to do a tutorial on
primarily because – hey let’s face it – there are just certain designs we want
to keep for ourselves…and there's nothing wrong with that, that's for sure!
So to say I was upset at seeing this design was a bit of an
understatement – and again me being me – I do tend to be a bit “reactionary”
when first confronted with these things…so hmm – yeh!..the blood was kinda
boiling!..lol
Anyway – there is
quite a bit more that involves this story – but rather than putting it all out
there for the world to see (which apparently it already has!) I will say this….
If you discover a work of yours being used by someone – and
a work of a fellow artists as well – get in touch with the person who is doing
the works BEFORE!! Contacting the fellow artist about seeing their works too!
That was mistake number one I made in this event!..and I will openly admit that I did not handle the initial part to this properly!
Mistake number 2 was thinking what I wrote in emails to the
fellow artist wouldn’t be used without my permission…wrong!...they were. Am I happy they were used?…hardly!
Other thing – I really can’t stand it when people assume
that I must be some type of “Wuss” because I don’t go for the confrontational
methods when these situations arise…why do people assume things like that!!???
Believe me!!...I will be the first to say it - but I have very much been known for "ripping a person a new one" if needed and warranted...but I also know I do have some tact and diplomacy too, and rather than go for the jugular straight up, I do try and exercise the tact & diplomacy approach first.
And definitely - if a person handles a situation like this in pure confrontation mode - it can have a huge effect on not only their reputation - but also be seen as bad business ethics too. So for the best part sometimes confrontation
IS NOT!! the way to go – nor is it being tactful either.
Ah yes! – that famous couple – Tact & Diplomacy…..some
folk still need to learn it me thinks!
In fact – I would go as far as to say – we ALL!! need to be mindful
and careful in these situations that we aren’t using “BULLYING” tactics
ourselves…because if it’s one thing I myself do not tolerate – and I’m very
sure I am not alone on this – it is someone who tries to be a BULLY!
Ok – so the facts as they stood were - a person had done my
design – the other side of this was they said they were able to do so as it had
been done from a “free” tutorial on another blog. (Oh!..and I will say the messages between
this person and myself were very pleasant – non-accusatory and definitely not
said with any malice.)
So to come to this lass’s defence – regardless of when the
blog was done with the free tutorial – regardless if she could remember or find a link for it – it doesn’t
mean she wasn’t telling the truth…more importantly it now placed a whole new
slant on this – if the blog is still in existence – then I will very much be looking
into pursuing this further…but again – not before finding out some facts first!! ie - when did they put up the free tutorial - where did they obtain the design info from...etc.
The point in question with all this is this – you have a choice
on how you react when seeing your designs elsewhere without going in boots and
all, you can be civil when messaging a person over things like this – you can
rise above things and decide to take the high road and not be a "snot" and
publish things(including peoples names that were involved) all over the web about it all and point and
place blame when it may not be the person for whom you are “having a go” at’s
fault…there could very well be extenuating circumstances and reasons as to why
it happened in the first place.
So the lessons I’ve learnt from these two very different
outcomes?...aside from heaps!!
Number 1# - If I come across another artists works being
used with what I think is not permission – especially if I know full well there
is no tutorial around for it – I WILL definitely be careful
when contacting them…but from now
on I think I will merely go in on a message and say the following….
“Came across this – thought you might be interested” – and that
is it!!
Number 2# - Even when you think you are being firm but polite – others will
still think your not....so that one merely says to me that famous old ditty…
“You can please some of the people all of the time, All of
the people some of the time….but you can never please all the people all of the
time!”
Oh!..and just as a finale…if you want to “oust” someone –
try to remember if other people have been involved in things surrounding it –
it’s not a good idea to use email exchanges word for word…that is an Invasion
of Privacy…and seriously – don’t go taking a photo of the purported works in
question and pop them on your webpage, blog or Facebook page either …whilst the
work in the photo maybe questionable – the photo itself does belong to the other
person….and using it without their consent is violation of their copyright….just
saying!!
Ok…now back onto something better!...creating!
These are my new little "Double-Sided Puff Stars"...and yes I am in the process right now of doing a tutorial.
Hope you have a great week wherever you are…and remember – “Smile!...it’s
FREE!”
ciao for now!
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