Craft and Design Ethics?

topic posted Fri, January 23, 2009 - 7:24 PM by  OHM
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I've been giving this some thought lately and finally decided I would bring it up as a topic.
I have always been an artist and this has come up many times over the years. I have looked at it many different ways at different times with different people. Some times it really bothers me and at other times , not at all.
What I am referring to is other people just outright copying my work. We have spoken recently of inspiration. This is not the case. I'm talking about someone just plain taking my design.
I have had people copy rooms in my home and it didn't bother me. Actually sometimes it's flattering. But recently something happened that did bother me very much.
I think that if someone is also, an artist it seems more serious. Like they should know better or something. I'd be very much interested in your ideas and feelings about this if you'd be open and willing to share.
Have you had the same sorts of experiences? How did you deal with it?
posted by:
OHM
offline OHM
New York
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  • While this did not happen to me, it did happen to a friend of mine. She was selling her wonderful, original jewelry on Ruby Lane, and another person directly and blatantly copied (though not as well) her designs and sold them at a lower price. Even though she contacted Ruby Lane, they did nothing, and she ended up moving her shop to another site. It was very sad and frustrating.

    I am often inspired by the cool designs I see, but I always try to make them my own, and give credit when I use a pattern or technique that I learned from someone else. I'm sorry you are dealing with this.

    ~Pippi
  • I think we have had variations on this discussion before and it is a good one. I think that you start out discussing artistry and someone else gave a commercial crafting project as an example.... so, I will tell you that I have different answers for each.

    In art classes, we are expected to and assigned the task of copying existing work. It is a way of studying an art or craft. There is nothing wrong with copying for the purposes of learning or experiencing or even producing. Sometimes the practice of copying teaches how hard it is; sometimes it teaches how easy it is. Sometimes it inspires, sometimes it detracts. But copying a work of art for the exercise of it is a long-practiced tradition.

    Copying a creative product on the commercial market is another story. Too, though, it is a long tradition. In most economic models of free-enterprise, the business that can produce goods at a lower price become the (financial) winners. In some economic markets, copycats or pirates are not revered (think Bentley or Mercedes), in other economic markets, they are an existing part of the market (some fashion designers flood the low-end markets with their own knock-offs, to create more "cachet" for their own high-end products), and even further down the market, they are almost the only market (think digital music downloads).

    For handcrafters, especially in small business, the business is personal and the craft is personal. So the theft is personal. I understand. But I think that making, creating, completing and producing a piece is the lifecycle of that. As an artist, when I create something, that piece is done. I might go on to do a next piece that is a slight improvement or move two steps away from the previous one... or I might go on to do something completely different. I believe I am prolific and I never concern myself with whether that is my one and only best idea. What I thought was "best" 10 years ago is no longer best. Each piece, as I produce it, is best. For that moment. It has been created and now it is done. I sit with it and revere it, or maybe I move on. But it is mine and that is enough for me. Now, has someone seen it and gone to their studio and made one just like it? If they have, it takes nothing away from my piece nor me. That is their piece, their art. And maybe I had something to do with that piece, or maybe I didn't. But art is art. If you create art, more power to you. If you replicate my art for the practice of training yourself as an artist or for some other purpose (my art isn't for sale and you want one for yourself...), maybe I should consider myself flattered.

    Now, deciding to market my piece for profit is an afterlife of the creation process. Say I create something, and someone copies it. THen I decide to market my piece, then they decide to market their piece. Or, say I create a piece, decide to market it, and only after I market it does someone copy it. Either way, at that point, the two pieces ARE competiting in a commercial market. They are not art anymore, they are products. Is anyone free to be inspired by other works? Yes. Can they steal an idea or exact patterns and produce them and take the profit? That is against the law and most business ethics. Does it get done? Yes. But at that point, we are talking about business ethics, not craft/art ethics. It is a free market in most western economies, and price/products/quality are determined by the market... the market is made up of the consumer, the producer, the currency system, the banking system, the resources/materials available, the distribution system, and of course branding/marketing/advertising. at the point, the product is just a bit player in the game. steal the idea? eh. steal your vendors? now that's a different story. have a better/cheaper/faster/sexier distribution system? that might be what makes them more successful. have a better marketing campaign? thsat might be what makes the sale, not the product (i.e., they could have copied someone else's designs and done well because they are good at marketing).

    if someone has clearly taken your designs (like the actual sketches, calculations, materials list, measurements, patterns, techniques, etc), then you could possibly sue them. but as an artists, legal issues might not be your strong point. your time might be better spent going back your creative kleenex box of a brain and pull out another great idea.

    As an artist, tho, i am sure you are prolific and will never be short of ideas (they might not always come out when you need them, but that is a delivery issue, not a creativity issue). if you believe that, then theft can sting, but not paralyze you. use some emotional bactine and get back to the studio! you've got something brilliant to create today!
  • and I have had the experience, many times. when it first happens, it is CRAZY MAKING! later it just raises my body temperature to a boiling point when I think about it, but that passes. now? can barely remember the project and i have so many other irons in the fire, what can i say? i have a lot to create on this planet... i hope to leave a bread crumb trail of my life everywhere, but i am not going to carry them around and horde them for myself... THAT would be crazy making!
    • For me it usually doesn't even ruffle a feather. In this one instance it's a fellow artist / friend in my face. Kind of makes it hard.
      It's not about money. Maybe it's me, my pride. Or my feelings are hurt. I just have to work through this.
      Just as artists I'm sure you people know of what I speak.
  • I have had the word ethics defined to me as what you do when you assume no one else is looking or will catch you. Interesting thought in this case. I've gotten inspirations going to craft fairs for doing my own things. To a degree, I may have copied an idea, and tweaked it. If someone asks how I came up with the idea, I always tell them that I saw another piece that was similar and was inspired to put my own spin on it. When it comes to ethics, people either have good ones, or they don't. I feel sorry for the ones I see copying others and trying to sell the idea as theirs. Often, I see the flaws or lack of quality in those pieces - or sometimes the lack of imagination shines through.

    That is how I go with it. I've had my ideas "stolen" or copied. I decided for myself to simply feel sorry for the idiot who did it as they obviously couldn't come up with an idea on their own and must have liked mine a lot to go through the motion of copying it. I also know that I can come up with more ideas, and even have been inspired to improve the piece that was copied.

    There will always be thieves in the world. Some may be more like Robinhood, but theft is wrong anyway you look at it. So, just know that you are the bigger person, and be glad that you have good ethics. I believe the more you rise above those that steal your ideas, the more you shine as a winner. Quality and originality always shine through. Anyone who buys the knock-off piece will be getting lower quality - and you get what you pay for.
  • I find it hard to believe that there are THAT many original ideas out there - especially in jewelry making. Though you may not have ever seen a design before, doesn't mean it hasn't been done. I do know, though, that if you are making something and somebody DIRECTLY rips off your design/style & underprices you in the same market it can be infuriating. Integrity is everything & if some people don't have it, there's not much you can do about it. Sad as that is.
    • What about copyright? My daughter is looking into this, as she is a designer(fashion and jewellery). Many people share the same ideas and when they all emerge at once, it's frustrating although sometimes it's simply because it's a 'fashion' at the time...ie the same variations of a shoe design.
      I expect your friend was so in awe of your work, that she decided to copy it and probably has no idea that you are upset and offended by this. She has stollen your idea, I have done this before when I have found an item too expensive to buy , although of course it never looks as good! There is satisfaction when you do get it right, however, and I always think I have been 'inspired' rather than a 'copy cat! ' . I think you should talk to your friend about it, at least you will know the reason why she did it....?

      • so, what happens if you learn a style from classes for making a product and start selling it. I give kudos to the instructor, but I am learning for the purpose of making a small side business out of what I have invested money in classes and design for. It won't be exactly what they made but have some aspects of it that inspired me.
        • I think if someone is getting paid to teach a class about, oh say book binding, then they'd have to expect that maybe one person in 5 classes would eventually bind books for profit. The other students probably just do it for their own personal scrap booking projects.

          I suppose that if they had a problem with "competition" they wouldn't be sharing info.
        • I think that when we learn a style, we end up still putting our own spin on it, so it would still be original work from you. Think about all the things in our life that reflect the style of someone else - like houses or buildings that have a Frank Lloyd Wright "flavor" to them, but aren't built by him. They aren't rip-offs, just simply inspired by his style.

          Whatever class you're taking, and whatever you're going to make, good luck. I hope you'll have lots of success - maybe you'll be the one teaching a class to others someday.
          • Sometimes it's accidental? I recently 'discovered ' a technique , by accident, and thought i'd research it on the internet, only to find a whole heap of similar posts ! :(
            • I'm a pattern designer. When I teach a class from my pattern, I assume the student may sell some finished projects. But if a student sells, copies, or gives away my pattern then they have violated copyright law.

              From the standpoint of artistic integrity, its important to take a technique and make it your own. Put your heart into it and your pieces will reflect your own abilities and your own vision. If you are successful and people like your work you can expect that others will try to copy it. That's just the nature of commerce.
              • I agree about making the pattern/technique your own, if one is to keep their artistic integrity. Plus, I would hope that if I took a class from you and wanted to use your pattern, I would have some kind of rapport with you that I'd ask for permission or your opinion on using it before doing so.
                • Some designers will go after people who sell finished goods from their patterns, but not many that I know of. I figure what you make is the work of your own hands. I try to stay focused on protecting the printed pattern, not the finished product.

                  The packaging for my embroidery designs has a blurb giving the original purchaser a license to use the stitched out designs on any items for sale so long as they are produced on a single head home embroidery machine. This allows me to support cottage industries without giving up the right to protect my own hard work.

                  If you aren't sure, shoot off a letter or an email to the designer. Most of those I know are happy to let you sell the things you make from their patterns. But as far as I know it is difficult if not impossible to copyright technique although you can protect any special tools you design to facilitate the technique.
  • I've always been hazy on the subject of selling something you made from a pattern you bought. I haven't done this, but I occasionally will knit something from a pattern and people say they want one too. I've never felt comfortable with that idea, but then if I think about it, I did buy the pattern which is essentially releasing the design to the public.

    What say you, Crafty Vixens, on using someone else's pattern to make a little money? Keep crediting the original designer? What if, by chance, you start making a lot of money? Does credit still suffice? I don't know if I'd sit too well with that, if I were the designer, but you all may have another opinion.

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