Translation and Interpetation - re previous blog - Using the word 'ORIGINAL'

Well it seems I'm damned if I do -and I'm damned if I don't!

My previous blog post - "Using the word 'ORIGINAL'" - has had quite a mixed response...and it seems that when we write,  others interpretation of our written words can be so mixed.

So to help clarify things I thought I would actually put myself on the chopping block for all to see exactly what I did write.   Like I said on the other  post - yes I can be very "reactionary" when things happen - but I become very pissed off when someone claims I am not a good human being because I tried to point out to another person that sadly what they thought was an "Original" idea ISN'T!

So here goes with the convos.....

 My 1st contact to the lass concerned - in red I am putting what I meant by what I wrote, and in light of this whole situation - could I have written the 1st response better??....most definitely yes - but I wouldn't have left things off, but rather added to it by giving better explanation.....but hmmm- in part of my response I thought I had given an indication to it...*sigh* oh well!...I'll let others be the "Judge and Jury" on it..

"I notice you are claiming designs like these as "originals" designed by you, but I can say without a shadow of a doubt that this particular design I have had out in the public eye since November 2009 and have been making these since as far back as the late 1970's and early 1980's.  (Trying to point out that sorry - what you are claiming as "original" isn't true....not by definition of the Oxford dictionary..there are designs out there EXACTLY the same that were done prior to yours)

I have also had a tutorial for these - which has been widely purchased from a very popular site - available since January 2010, as well as having not long placed it on my own personal website.(Wasn't insinuating that my tutorial HAD been purchased - just trying to say "hey I have one"...this design is out there...therefore what you think is original sadly isn't. )

I don't have a problem with people selling pieces made from tutorials I've produced - but when people say what they are producing are "original" designs and I know for a fact the design has been done prior to the claim being made - sorry - but it sort of gets my heckles up and leaves a rather sour taste in the mouth. (Here I should have put the part about the selling of my tutorial up with the other paragraph, and started a fresh one with the opening - "But when people say what they....etc.  Also I should have used the word "a" instead of "the" - and also should have put a full stop after "claim being made" and left it at that as yes - the rest of it was me being me and opening my mouth to change feet!)

So rather than say a design is an "original" - sometimes it is best to do a bit of homework and find out if in fact it is - or if something already exists for it...then at least simply say that the piece was made by you without the mentioning of it being an "original" design....that way you are less likely to get into any heated waters over things...just saying."
 (Lost in interpretation!..."hey I'm trying to help you...so someone else won't slam you")
cheers,
Suzi Campbell



The response I received.
 "I was shocked and a bit hurt at the accusations in this letter. I would like to confirm with you:

Until I received your convo, I did not hear of you or see any of your designs. I do not purchase tutorials off the internet. I agree that our methods may be similar but I am positive that I have taught myself this method. I browse a lot around the handmade market and have not seen a piece like this before.

In addition, although our techniques are quite similar, our use of this technique is entirely different and therefore our designs are completely in-identical. I understand your frustration had I actually copied off your design as my own, but you must understand that it is possible for 2 people from opposite ends of the world to come up with a similar type of design.

It is still an original design that I did not copy off from anywhere. The design of a piece goes a lot farther than the technique used to make it, and therefore my pieces still have a signature style of their own. You have created a technique to make a flower out of briolettes (quite brilliant), mine is completely abstract, with a space in the middle...

I would like to add, that should you ever feel the need to send someone a message like this again, you can write it differently. First of all, you can take the time to clarify first. Secondly, it would be helpful to identify yourself. I had to google your name (tg your site was the first result) and then go through all your pieces to find one that might be the one you're talking about. A couple of links would have been nice. And thirdly, the accusations were straight out rude. A touch of civility could have been nice. Talk the way you would if you were face to face , keeping in mind that there's a human on the other end...


Please do not contact me about this again."
Summary of the overall response I received - it was as far as I can see a first written reactionary response..BUT! - sorry if you are making jewellery you owe it to YOURSELF!! to go do some research!!..   Can 2 people come up with the same design - sure they can!...I'm not STUPID!  and after being on this planet for 55yrs would like to think that I have some Intelligence too and would also like to think that I am a pretty fair - understanding and decent person as well.
But the issue here is this - It becomes irrelevant if 2 people came up with the same idea - what becomes VERY!! relevant is who did it 1st!!! - or when the first notable sighting of a design came into being that is relevant today, and especially if it was being heard in a Court - they would look at what was dated first if there were copyright issues being bought to task...

The argument here is not whether a person feels the "design" is original to them because they claim to have not seen it before - it's whether the design has ALREADY been done before....that is the main point of all this.   That is what Copyright Law is about, and then it gets even more complex from there depending on when the design 1st came about and what year etc etc - hence why reading up on Copyright Law when your are in business is VITAL!.

My last reply - yes - I did reply even though she said not to - and why did I reply?...read on - I think it becomes self-explanatory.....
 "Xxxxxx thank you for your response - and I am contacting you again as I didn't at any time feel I said anything rude nor blatantly accuse you or say straight out that "hey that's my design!"

On the contrary - I merely said it is a good idea to delve a little deeper before claiming something as being "original" which way too many people do - even if they have never seen a design before...it doesn't detract from the fact that there are things out there that pre-date claims made - I have seen it happen many times.

Also - if you take away the bead from the centre of the ones I do - there is a star pattern - there has to be because of the way the wires are wrapped round...so they aren't dissimilar..they are in fact the same.

It would have been nice if you'd taken a moment and re-read my comment carefully before jumping to conclusions as I was in fact trying to help you insofar as understanding using the term "original" - as defined by Copyright Law - original means that nothing pre-dates an item....not the fact that a person or persons for whom are making the claim of originality of a piece may never have encountered it...that unfortunately is irrelevant. If things like this were before a court - they look at dates - not how a person came up with it - or if they saw it previously or not...that was all I was trying to say.

The only thing I will apologize for not doing as I have looked back at my first message to you and that is about a link - as I thought I had actually put in a link - and I can see I didn't....so for that I am sorry.

I will not however apologize for anything else as I am a pretty amenable and fair person and was trying to say - be careful when you label something as an "original" because if it can be proven that something else pre-dates what is claimed - then it can be a whole different ball game.

Hey I too have been in a similar situation in thinking what I thought was a pretty original and unique design - until I did a little more research and found out that there were things exactly the same that pre-dated what I had come up with...disheartening...very much so - but I didn't let it stop me from being creative. The only thing it made me realize is I had to be careful of making a claim that something was "original".

Again - many thanks for your response...I wish you all the best.

*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*

So now  I've received as said mixed reaction to my original blog post "Using the word ORIGINALS" - and now having put this out there for people to actually see what transpired - whilst I'm not fussed if some view me as a cow, bitch - not a nice person - all I can say to that is please open your eyes with regards to what the definition of the word "original" actually is.

STATEMENT: - DID I HAVE A PROBLEM WITH THE PERSON DOING THE DESIGN??....NO I DID NOT.....DO I HAVE A PROBLEM WITH THE PERSON CLAIMING THE DESIGN AS "ORIGINAL" - YES I DO!   

WAS I "REACTIONARY" IN MY 1ST MESSAGE?...IN SOME WAY - YES - IN LOTS OF WAYS - NO.    WAS I REACTIONARY IN MY 2ND RESPONSE - DEFINITELY NOT - I WAS PURELY TRYING TO HELP SOMEONE NOT GET THEIR BUTT KICKED BY A LESSER UNDERSTANDING PERSON WHO WOULD HAVE NO QUALMS IN HAULING THEIR BUTT TO COURT.....end of statement.


Just in closing - but to the person who said am I claiming that we ALL have an obligation to checking things out before writing the words "Originals" against a design???
You bet your boots I am!...we owe it to OURSELVES to become educated in what is acceptable and what is not....what's been done and what hasn't - if we are treading on people's toes and ultimately effecting "their bread & butter" or if we aren't..bottom line is not to be NAIVE.

It is a reason why the Industry we are in is the way it is - people don't bother to check - nor look up and see if something else exists prior to making claims of "originality", and besides - copying can be done very intentionally, and at the same time very unintentionally too...maybe people should go check this out....

http://marieforleo.com/2012/01/how-to-deal-with-copycats/


...read some of the comments from people and what they have had to deal with.

Bottom line and in closing this post - making my jewellery  IS ALSO MY BREAD & BUTTER...as I'm sure it is everyone elses too....but when you continue to make pieces claiming them as original when proof can be shown to you - then you have an obligation to YOURSELF to correct it...otherwise others can come to a conclusion that isn't necessarily founded that all you are doing is riding on someone else's coat-tails.

My next blog post WILL be filled with cheer and creativity...I'm gonna make sure of that!!..LOL

...until then... ...remember - Smile!...it's FREE!

cheers







PS.   FOOTNOTE*** -  This blog post was NOT! done maliciously - nor with intent to discredit people - it was done to say- "Hey - guess what - I too have feelings - I too am trying to make a living - I too know what it's like when you do a design and find out you were not the 1st to come up with it - I too know that to get anywhere in this business - you'd better develop a bit of a "thick skin" - as I KNOW! there are some who will not look at you twice and will do what they want.."   This post was also done to try and help people get passed certain things and look at things for what they REALLY are - and not what is assumed...again JMHO...

Using the word "Originals"

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!

So to help -  I strongly suggest that you take a look at the link below….
http://copyright.cornell.edu/resources/publicdomain.cfm

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!

HAPPY NEW YEAR!!...Now Let's Talk!

....Well here we are!  2012 has arrived and already I feel the tingles of anticipation that it's going to be a wonderful, inspirational year, filled with an abundance of determination, motivation and loads of creativity!

   But as I reflect for a moment on the year that was - it strikes me that some folk just don't seem to want to learn - to listen or to take note of information that is being given to them "gratis"

They seem intent on finding out things for themselves - and hey - don't get me wrong - there is nothing wrong with that...but if a seasoned professional has tried what you are about to attempt to do, and no matter which way they did it - the end results were the same....why would you even bother to try and attempt the exact same thing???  

My thing is - why set yourself up for a fall??  I'd much rather attempt something that the outcome has sort of worked before but not really been pursued further...so nothing wrong with that analogy!

Go for it I say! 

But *sigh* - sometimes I wonder why we bother giving advice to people -ie the "newbies" on the block - when it is crystal clear they either think they know better - they are determined to prove you wrong - or they are just plain thick!

Oh!...did I also mention that I'm not going to mince my words in 2012??? 

Gone are the "airy" fairy words - the treading lightly and trying not to hurt someone's feelings - again don't get me wrong!  I am not about to turn into the She-Devil from Hell, squash someone's dreams and throw the "Tact & Diplomacy" hammer out the window either....far from it! 

But if you are serious in your adventure and seriously want to know some information to pursue your jewellery making further - then hey!....let's talk!

If you ask me for my honest opinion of a piece you've made and to me it looks like crud...then I'm going to tell you it looks like crud! in the nicest possible way.....but at the same time - I will also point out where it looks like crud and what you might like to try to do to make it look less...ermm cruddy!

As anyone will tell you - when it comes to perfecting a craft whatever it may be - you need to

PRACTICE!!....

...But!!...and yes - there's always a 'but!'....you need to PRACTICE PROPERLY!

There is no point following instruction of a technique if it's done badly or taught incorrectly, as all you will likely do is produce pieces following the same principle...constructed following poorly taught techniques from a person who as yet has not quite mastered that skill set!

It's like a "concreter" who is shown how to mix concrete by using X parts of Sand - Y parts of water - Z parts of concrete.  Problem is - the person who showed him/her how to mix it hasn't as yet developed their skill sets properly, and all they are doing is "training" this person to produce the same
sloppy mix.   It should have been X parts of Water - Y parts of Concrete and Z parts of Sand.

Sloppy concrete mixes will not hold up buildings!...same as inadequately taught techniques will not keep a piece together.

So after discussing with some other jewellery friends some basic principles regarding teaching concepts - or should I say - the lack there of....and the amount of crudely made pieces that seems to be appearing that are poorly constructed -  we have come to the conclusion that 2012 will not be a year for mincing words and telling people what they want to hear - but what they need to know.

If people want to progress properly -  all I can say is they had better sit down, buckle up - and hang on for dear life!...because the school of "fluffy comments" is about to change gear, go screaming through a tunnel and come out the other side looking very different!!

So if you want to learn properly ...then jump on board - and as Rick Orcasik from the Cars would say...."Let's Go!"

...And always remember -

.......Smile!....it's free!