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Thursday, January 26, 2012

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!

6 comments:

  1. Oh wow... I see it happening all the time to the best of us - and guess what? That's why I prefer to sell OFFLINE! (and always pay tribute when I think/know it's due: it doesn't harm me, just the opposite! The www is a village, and it will all come back to you sooner or later, when you aren't honest about the origin of "your designs")
    Jutta

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    1. Hey Jutta - thank you for your comment.

      Yes - unfortunately - the 'www' is very much a place where things will come out sooner or later...and what we all need to remember is that copyright can and is such a complex area.

      It does make one take a step back and look more in-depth into things that's for sure..especially when dealing with designs.

      Hmmm - selling "offline" unfortunately maybe the way a lot of folk go so as to avoid the possibility of being copied.
      :)
      cheers
      Suzi

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  2. I assume you are not going to publish my comment, but for what it is worth, I’d like you to know that I read the initial email you sent to Person #1. The tone of your email was not polite. It was aggressive. The tact and diplomacy you claim to possess were sorely lacking. I also read Person #1’s “retort” to you. It was a fair response given your accusations. There is no reason NOT to believe her explanation that she came up with the design on her own. History is full of examples of inventions and discoveries that happened simultaneously in opposite sides of the planet. Besides, wire wrapping is one of the oldest jewelry techniques on record. Do you really believe that no one, in 250,000 years of Homo sapiens walking the earth, never ever grabbed some wire and beads, and came up with “your” flower design?

    Your statement that we all have the implicit obligation to check and see if what we have made is the first ever creation of a kind is ludicrous. It is perfectly acceptable to say “We bought a new house”, even when it was built decades ago. The house may not be new, but to us it is. Well, the same thing happens here. Person #1 came up with the design on her own. For her, it's an ORIGINAL design. For you to doubt her and question her integrity is off the mark. To claim in your blog that you’re not “trying to be rude or derogatory”, and then proceed to mock anyone who doesn’t follow what you believe to be the “right way” is hypocritical. You are not coming across as a good human being.

    Just saying.

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    1. First of all your comment about me "publishing" your comment is in itself quite bizarre - as my blog IS public and so are the comments that get made....but I would have thought you would have known that.

      Maybe you will read the newest blog I'm doing with ALL the conversations that were had - and no - I'm not a total Bitch - I don't go publishing names...but I do get mildy "irked" when people won't look at the trees themselves - all they wish to see are the leaves.
      And if you are so close to the lass in 1# - then may I suggest you also take a step back and re-read what I first sent her...
      May I also suggest that we are within a field where copying is rife at the best of times INTENTIONALLY AND UNINTENTIONALLY....but it is still there...and I wasn't refuting that she "thought the design was original to her"...I was stating that IT ISN'T ORIGINAL...but again - that gets lost in both translation and interpretation of someone's written word.

      My statement that everyone has an obligation to check is spot on...because we do!

      Please do yourself a favour and look up the word 'ORIGINAL' - the claim by writing that word is that something else - regardless of who did it - DOES NOT EXIST PRIOR.

      And if I am not coming across as a good human being for trying to point something out to HELP a person - sorry but your lashing of me publicly on my own blog puts you in the same light....if not worse, as you could have EASILY sent a private message - but you chose not too...just saying.

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  3. A couple of things: I am having difficulty with the problem .. would it have sufficed for the description in question, to just not include the word "original" ?
    In my intent to not fall into this trap, how do I describe my work? I look at a lot of 'art' on the Net, and I'm sure that I am influenced by it .. In my mind, I feel 'Inspired'!
    I don't attempt to copy someone's work ... but the use of a certain color scheme, mixture of natural stones ... if it were something I liked and wanted to make some pieces similar, what then?
    And for looking up a design, to see if it is legal .. HOW would I ever do that? If I didn't have your name first, I don't see how I would be able to find that particular design of yours. How does one check?
    I honestly don't understand how one would go about checking if they totally produced 'something' unintentionally similar to a piece of yours? ... then how does one 'prove' Intention ? Legal or Illegal? do you have an answer? I wouldn't know how to approach this problem if it were my piece that I felt had been copied ... probably send that first letter.
    I could go into detail on a particular piece of Australian dichroic glass, but I won't~just quickly. I consider this lady's work to be premium quality ... but now there are quite a few out there who are using similar designs .. doubt they would know the name of my Lady .. so who is copying, who is Original (I think she is)? I'm just saying, I have no idea how this could be easily resolved. It is the piece as a whole that determines my choice of an Artist's work ... does the piece stand on it's own?

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  4. Hi Elli - sorry I haven't replied - life has a habit of getting in the way!..lol

    You are definitely on the right track by not putting the word "Original" in a description if you are not sure that it is...

    Like I said earlier on this thread - it isn't too hard to look things up if you use the right "key words" in your search.

    For arguments sake - let's suppose you made something that had "Flower" components in it - then you'd be wanting to include that word into your search. It may be "handmade flower jewelry".. or just "flower jewelry" - and also use the English way of spelling it too - jewellery...sometimes different things will pop up. Also if there are particular beads in the piece - add the type of stone or colour - that too can bring up other things in the search. If you do know an artisans name - then your search will naturally be far easier to get to.

    You might also change it around and do "jewelry flowers" if there is anything in the piece you have made that can narrow down your search that's even better..

    Sometimes the better tact is to go on doing what you love doing - being creative..and trying not to get too swallowed up with things...but definitely not placing the word "original" is a great place to start, and is a lot safer than placing that word and someone finding or knowing something different. Our field has gathered a huge following with the advent of the Internet..and there are loads of things that are no longer "original" as they can even be derivatives of another medium or mixes of different types of techniques put together. Either way - people will continue to create things - and yes - sadly the problems surrounding copyright and infringement will still be debated. theorised and argued about in some shape or form.

    I hope this has helped you with your questions...but most importantly - I hope you just do what you love to do...create "pretties". :)

    Thanks so much for commenting and putting up such a great question.
    many thanks and cheers
    Suzi :)

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