Blatant copying of jewelry

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on 17 Sep 2012 11:56 AM
Yesterday I was checking out my items in google shopping and ran across three web sites selling a bracelet that I had done a tutorial on for SBS in 08/09 RainForest Silver. It was also published in the Best of in 2011. The 3 sites are obviously owned by same people as the photo and description is exactly the same on all three. The copy is so blatant that they didn't even bother to change the gemstone. Is there anything I can do short of hiring a lawyer, which I can't afford, to get these trashy copies removed and not sold. Phyllis
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BogIron wrote
on 17 Sep 2012 4:11 PM

I doubt it. If you have your designs copyrighted and these folk that have copied them then you can file claim in court but you really need the advice of a lawyer here to get it all sorted out. Many off shore jewelers are really bad about copying designs of jewelers here in the USA. Good luck in pursuing your claim for damages.

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SEllen 2 wrote
on 19 Sep 2012 5:33 PM

Phyllis

I agree with BogIron here.

But if you're not able to go the lawyer route right now, you could always send them a formal cease and desist letter. Letting them know that they have violated your copyright. Give them a reasonable amount of time to comply. And let them know that if they don't you WILL file a copyright infringement suit.

Give them fair warning... most people will remove the questionable pieces rather than face a law suit.

 

sellen Smile

southwest Texas USA

http://Suzdesigns.ShopHandmade.com

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Qweenjean wrote
on 19 Sep 2012 7:36 PM

sellen, I feel your pain and outrage, been there myself. I am a self taught award winning wire and beading artist, author and instructor. Sadly, I've learned the hard way that unless you have a solid copywrite foundation on your tutorial, it is now viewed as public property. So, unless you are prepared to pay an attorney to file an action in court, you can't really have any expectation of a threatening letter having teeth.  The only thing you can do is move forward, protect your designs and not publish any tutorial,  free or paid that you are not willing to accept the fact that someone may copy it. I have also learned that in the art of jewelry making, nothing is really new or unique. Who knows what has influenced your artistic energy. I wish you the best. But, don't allow anyone to affect you in a negative way. That can only block your artistic mind. Move forward with something different.

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Qweenjean wrote
on 19 Sep 2012 7:40 PM

Sorry, that last post was intended for Phyliss.

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on 4 Jan 2013 12:31 AM

Feeling sad for Phyllis!

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i am naveen wrote
on 27 Sep 2013 1:42 AM

Hi Phyllis..

It's so bad foe every designer but you should claim for your damages.

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tiffwarble wrote
on 27 Sep 2013 12:39 PM

What a bummer, I can't believe what people will do sometimes. We launched a copyright 101 eBook a little while back, and I thought there might be something in it to help. Here's the link: http://www.jewelrymakingdaily.com/media/p/6624.aspx

Good luck!

Tiffany
Audience Development for Jewelry Making Daily

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Posts 88
on 27 Sep 2013 2:19 PM

I'm sorry this has happened.  I have so many projects in Lapidary Journal that I can't count the times I've seen my own work done by other and posted on their websites.  In fact, one time, I was almost kicked out of a show because someone complained that my work was copied out of Lapidary Journal Jewelry Artist....then it was pointed out that they were the originals.  

Saying to take the high road doesn't always work.  If it is cutting into your sales, you may have to do something, but your copyright is only as good as the money you have to defend it. You are not the first one to have this happen to you, believe me.  Good luck, let us know what happens.

Lexi 

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Posts 369
BogIron wrote
on 30 Sep 2013 7:29 PM

" but your copyright is only as good as the money you have to defend it."...............Just take you lawyer's hourly fee and divide it by the number of pieces of jewelry you will need to sell to pay for his billing, then go create a new design and move on to a new creative event horizon. You'll be better served by moving on, I know that I have been, I have more ideas for lines of jewelry than I'll ever live to see made and I'm sure you do too. Go forth and create, don't waste your energy flogging a dead swine. That is the best name for a copyist, swine!

Remember those who can DO and those who can't COPY!

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Posts 37
ktellefsen wrote
on 21 Aug 2014 1:56 PM

If you sold the tutorial to SBSW, you no longer own the copyright for the bracelet, Interweave does.  Therefore the people who made a near exact copy of the bracelet featured in your tutorial have a legal right to post a picture of a bracelet that they made.  If they were polite and intellectually honest, they would give you credit for the initial design, but they are not legally obliged to do so.  

If you publish a tutorial, expect to see copies of the piece discussed.  I saw copies of my earring design from a tutorial in SBSW in a few different Etsy shops.  They were not as well executed as my own work, but I was flattered rather than annoyed.

Karen 

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