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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think you don't just outright copy someone else's work?

36 replies

Shamalamalam · 19/03/2015 13:15

I make and sell handmade crafty stuff (cushions and bits and pieces like that).

I'll never make my millions, I make some money from it, but I really enjoy sewing and making stuff. Due to our circumstances, I can't work outside the house, so it's really something where I can indulge in my hobby and get paid for it. I don't do anything particularly amazing or ground breaking, but you know, it pays for my addiction to fabric and gives me the perfect excuse to waft around making stuff while ignoring the washing up Grin

A friend has sent me a link to another Facebook page, someone very local to me has started selling handmade craft stuff too. All fine, however, having looked at the page they have totally copied everything I've done.

I'm no design whizz, none of my stuff is particularly original or ground breaking, but I've drawn out the designs myself, made patterns, made the templates, etc, and it honestly looks like they've just printed out my photos off my Facebook page and used them to make templates/patterns - even fabric colours and designs are exactly the same on some of the stuff.

My friend was going to post a comment on this page, but I've asked her not too, I don't want to get involved in a bitch up, but I am exceedingly pissed off about it

I don't mind a bit of healthy competition, but AIBU to think if you want to do something like this, you should at least come up with your own ideas?

OP posts:
FuckItBucket · 19/03/2015 13:18

Make something with fuck off copying me or something and upload it Grin

ThumbWitchesAbroad · 19/03/2015 13:18

I agree with you and it must be very galling that they've done this, but as I'm sure you know there is nothing you can do about it except change your stuff and not put such detailed photos up next time.

Sorry that someone has done this to you - it's not the first time I've read about this sort of thing on MN though, I think FB/etsy/Pinterest etc. have quite a lot to answer for when it comes to stealing other people's ideas!

Debinaround · 19/03/2015 13:38

The cheeky sods!

I agree with FuckIt Something like "only unoriginal bell ends copy other peoples designs" maybe something better than that
Grin

ArtyBat · 19/03/2015 13:39

Copyright breach?

As a pp has said, this subject has come up before - see link above.

Are your photos dated or time - lined? As that would show/prove that she is copying your designs, if her's are being posted after yours.

This is not simply copying, its plagiarism and darn annoying. However, are her designs exactly like yours in colour, size, shape etc, or is there a slight difference?
If it's the former I would contact her and tell her to stop it. If it's the latter then there's not a lot you can do, as, as far as I know, a design can be copyrighted, but the idea of a design can't - that's the fine line.

This behaviour is something more than annoying - I've had it happened to me. I actually had someone email me and demand to know what materials I'd used in a particular design that they'd seen on my website....you can imagine my reply!

ArtyBat · 19/03/2015 13:40

ahh sorry, the link didn't link. It's in the arts and crafts section if you want to read it.

MrsFlannel · 19/03/2015 14:03

OP if you're talking bunting/basic soft toys/basic toddler clothing then yabu. if it's very original then why not say something to the robber?

Link? I love handmade stuff!

Discopanda · 19/03/2015 14:05

My friend had the same problem with her cupcakes, she started to watermark her pics.

ethelb · 19/03/2015 14:11

Can you get a lawyer to write a cease and desist letter? Probably the cheapest and most effective option.

Lorialet · 19/03/2015 14:38

I have had the same thing happen lots of times with my jewellery, so you have my sympathy. It's a horrible feeling when you put so much time into something and some lazy arsehole just goes and steels all your effort. Over the years though, I've actually found that having several copycats has pushed me to be more creative and more of a perfectionist with my craft, so there is a positive side to it, I suppose...

Original poster
Shamalamalam · 19/03/2015 15:12

Thanks!

I do make bunting and bits like that, but bunting is bunting. I do a lot of the little local fairs and festivals, it sells well and it's no big deal.

Some of the other stuff that's been copied is a bit more 'mine' if you see what I mean

I made a one off appliqué cushion for a customer (a gift for her husband of his boat) and they've copied it right down to the name of the boat which I'd embroidered on it

I mean I don't own rights on cushions with boats on, but it would be nice if they'd drawn their own bloody boat.

I did an appliqué bird cage cushion for someone. There are millions of birdcage cushions in the world, but they've clearly printed off my photo and used it to make a template rather than making their own.

Some of it is exactly the same, some they've clearly used my photo as a template but used different fabrics

I already watermark photos and I've posted them on my Facebook page so they're dated when they're uploaded. From now on I'll take the photos at a bit of an angle instead of front on - hopefully that'll make it harder to print and make a copy of.

I'm just annoyed, I'm nothing special and cushions are cushions and there are only so many ways you can decorate them, but I don't know, it is my own work and I just feel like someone is ripping me off.

I'm not sure there is anything I can do about it though

OP posts:
MiddleAgedandConfused · 19/03/2015 15:20

Depends how cross you are and how much you want them to stop. Why not try sending them an official looking letter saying that you are aware of what they are doing and asking them to stop. You could vaguely refer to some sort of further action of they do not. it might scare them off a bit.
On the up side, it could drive more demand for your own items if they are popular.

Bogeyface · 19/03/2015 15:24

I would post something on your page about the fact that you know someone is lifting your designs, and you are pointing it out so your customers dont get duped into buying the fakes. Then put something like "But dont worry, am taking legal advice, the fakers wont be around for long!"

That should put the shits up them!

MomOfTwoGirls2 · 19/03/2015 15:32

Bogey's idea is a good one

MrsFlannel · 19/03/2015 21:32

Can you not just block them?

asmallandnoisymonkey · 19/03/2015 21:44

Mrs Flannel - it's not about blocking them. It's about righting a wrong. Plagiarism and IP infringement is the BANE of the creative industries. I'm an illustrator and it's HORRIBLE when someone copies your work.
It's incredibly personal and I can see why the OP is upset, I definitely would be too.

In the first instance I would send her a private message telling her that her work is far too similar to yours to be a coincidence and if she doesn't remove it forthwith you will have no other option than to take legal action.

As this is the only option available to you really I think you'll either have to be prepared to get a solicitor to send a letter or just leave it. Or you could tell her that it's too similar and to take it down without mentioning legal action but it doesn't really have any teeth.

MrsFlannel · 19/03/2015 22:05

Small I never SAID it was "about blocking them"

Hmm

I suggested op did that as a way of stopping this behaviour as soon as possible.

If the person cannot see the images...then she cannot copy them.

SugarOnTop · 19/03/2015 23:22

blocking only works if they don't figure they've been blocked and don't have enough brain cells to realise they can create a new/fake fb account to spy on the person instead. ....

i'd go with the suggestion of posting a 'beware the fakers' comment on your fb and then send her a letter/email telling her you know what she's doing and either she stops or your next step will be to get your lawyer involved....

HangingInAGruffaloStance · 19/03/2015 23:27

I wouldn't put a beware the fakers message on your site. I think that is off putting to customers.

Just try to warn this chancer off with an official sounding letter.

In reality it is very hard to protect your work. I have a friend who is a very original and talented jeweller. I've been shocked seeing blatant rip offs of her work, but she is resigned to it.

textfan · 20/03/2015 00:46

This reply has been deleted

Message withdrawn at poster's request.

Original poster
Shamalamalam · 20/03/2015 08:21

Thanks all!

I've got some legal cover on my liability insurance so I'm going to give them a call and see where I stand.

I will block them, once I've found out who it is. Can you block business pages viewing business pages or just personal pages? I can't work it out Confused

OP posts:
asmallandnoisymonkey · 20/03/2015 09:08

Flannel, don't pull your shitty little face at me. You literally said 'can you not just block them?' Your second, more expansive explanation came later.

KissingPotion · 20/03/2015 09:31

I'm not sure if FBk works the same lately but you used to be able to report images to FBk and put a reason why. I had a similar thing with my FBk page a while ago and I reported. I've stopped using my FBk page so much lately as I got fed up with a couple of people pinching my images and a case of plain outright stealing one of my ideas/designs.
You should be able to take it further on FBk if you can prove they're your images.
Also watermarking your images should be a must. If you use an iPhone, there's an app called
A+signature that I use that works very well.

Original poster
Shamalamalam · 20/03/2015 10:49

Thanks!

They're not actually using my photos on FB. They're using their own photos of their own work.

What I think they're doing is printing out my photo to make a pattern.

So for example, the appliqué bird cage cushion I mentioned above, I drew out my own design then made the templates. It looks to me like they've then printed out my photo of the finished cushion then cut it up to make the templates to make theirs. It was made to some very specific customer requirements as a gift and they obviously thought they were getting something a bit more special. This other person has copied it right down to the fabric colour/pattern - the fabric wasn't available locally, I had to track it down on the internet (a toile du jouy pattern which has now been discontinued) so it's not like they've stumbled across it in our fabric shop by coincidence

I live in a very touristy coastal/beachy area and we're awash with cushions featuring light houses, beach huts, that type of stuff. I do make stuff like that but I'm not a massive fan of it myself, so I seem to have ended up featuring birds quite heavily.

My very arty DH designed me a bird which has become a little bit of a 'thing' as I use it on pretty much everything. Now, I'm not going to lay claim to copyright on birds, but they've exactly copied this bird, down to the hand embroidery bits on it. However, I've never thought to copyright it, although I can prove I've been using it longer

Having spent some time pondering it and talking it over with DH, I am a bit concerned that by them using this bird that other people may think it's something to do with me.

I am insured, registered with HMRC, I use good quality materials that I ensure conform to all safety standards, I have no idea whether this other person is or isn't of course, I just don't know, so I will be taking some legal advice. I have some legal cover with my liability insurance

I was pissed off and angry yesterday but I've thought a bit more about the possible implications and I am now a bit concerned

Thanks all!

OP posts:
MrsHathaway · 20/03/2015 11:27

Yes, that's definitely infringement.

Their legal status is completely irrelevant. If they are charging money for your designs without your permission then they are infringing your intellectual property.

It may be infringement of copyright or unregistered design right - or indeed both. Your special little bird might also be considered a trade mark, and there are certain rights in unregistered trade marks too.

Have a quick squizz at this part of the IPO's website then call your legal people. Good luck.

MrsHathaway · 20/03/2015 11:33

Having spent some time pondering it and talking it over with DH, I am a bit concerned that by them using this bird that other people may think it's something to do with me.

Yes, that would definitely fall under trade mark infringement (which is the originally common law offence of "passing off").

FWIW it's £170 to get a trade mark registration and if you have a high enough turnover you might consider it a sensible defensive strategy for the future. Let me know if you'd like some (unqualified - I'm a formalities specialist rather than an attorney) preliminary help thinking about that.