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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Crafters, if you copy someone's design that you've seen online you're not just a CF, you're a thief.

267 replies

ThingsBeingVarious · 04/08/2023 22:33

I have a small, successful craft business and mostly sell online, which means there are loads of photographs of my work for anyone to see. Yet again I've just been made aware of someone copying my original design and selling the product - she probably thinks it's okay because she's raising money for her local charity. And sometimes my 'followers' and customers will send me a photo of the copy they've made saying I've 'inspired them'.

I know people often say imitation is the sincerest form of flattery but it really fucks me off. People should think up their own designs, not scroll through Pinterest or Etsy or wherever looking for ideas to nick. Or if they haven't got any original ideas they can BUY patterns from other crafter's.

OP posts:
CoffeeWithCheese · 06/08/2023 14:12

Tomorrowillbeachicken · 05/08/2023 12:42

If it is Amigurumi then it generally mainly is just a combo of single crochet/double crochet in various configurations. A lot of artists are very similar

Yep and it’s just the ability to break an object down into basic shapes and count while going round and round in circles. I’ve looked at images of anigurumi before and just been fairly easily able to replicate the pattern to a good level for my own use (or because the kids have decided they really want an item).

I don’t make stuff to sell anymore anyway, and was careful not to do similar for selling - but there is so little genuine originality out there with crafting that these “she copied meeee” spats are always amusing, and the OP screeching and praising the poll percentage that agrees with her are adding to that.

Iwant2stayanon · 06/08/2023 17:49

Unless you have protected it with IP and can sue said individual, I guess you have to just live with it

Buggersticks · 06/08/2023 18:27

I've made stuff completely off my own imagination, no looking on Etsy or anywhere else. However, when I go to sell it, I find loads of similar things already there! I'm yet to 'invent' anything that hasn't already been thought of if only in a similar style. 😕 So. Who says you were first?

Cottagewitch · 06/08/2023 18:30

I don’t think it’s fair to directly copy. I design T-shirts which I sell in my own physical shop in my town. A lady came in, liked one particular design. I was out of her size and she said ‘I’ll just take a picture and then I can get one printed myself’. No you won’t. You can take my card and order online when I get your size back in stock.

SultanOfPing · 06/08/2023 18:34

Are you able to register your design? It's not as expensive as it used to be, and is a fairly painless exercise (nowhere near as difficult as a patent!). You will have unregistered design rights, but a registered design will give you a bit of extra leverage. I've had items copied, and it's bloody annoying; using my ideas as a starting point? Fine. Copying my designs? Nope! Copying to the point of reverse-engineering the original though? Not only completely uncool, but totally illegal. The British Crafthouse seems to be a good platform to sell on, they actually give a crap if someone tries to sell stuff that's borne of someone else's design (and if other sellers recognise your work elsewhere, they'll let you know). If you need advice, try the Intellectual Property Office, they've always been helpful.

anon666 · 06/08/2023 18:43

I've seen a lot of this in the craft community, and it's always bothered me.

I'm a crafter, and I always buy the pattern or kit of an original artist or creator's work, because it's only then that people will be able to continue creating such beautiful innovative things.

I have seen stuff so similar - particularly in the embroidery world where there are lots of makers and designers producing patterns or kits. I often wonder how they agree these things between themselves because there is often quite a lot of money changing hands.

I totally agree with you. I don't understand why people think it's okay to copy someone's original idea and sell it on as their own. Maybe copying something to learn how to make those type of things, or to learn a particular skill, but not just copying and passing it off as your own. 😳

Cucucucu · 06/08/2023 18:53

Is this “ pattern “ registered as yours ? If not then it’s really not yours

Tomorrowillbeachicken · 06/08/2023 18:57

anon666 · 06/08/2023 18:43

I've seen a lot of this in the craft community, and it's always bothered me.

I'm a crafter, and I always buy the pattern or kit of an original artist or creator's work, because it's only then that people will be able to continue creating such beautiful innovative things.

I have seen stuff so similar - particularly in the embroidery world where there are lots of makers and designers producing patterns or kits. I often wonder how they agree these things between themselves because there is often quite a lot of money changing hands.

I totally agree with you. I don't understand why people think it's okay to copy someone's original idea and sell it on as their own. Maybe copying something to learn how to make those type of things, or to learn a particular skill, but not just copying and passing it off as your own. 😳

How do you know you aren’t buying a copy of a design from the 80s/90s/00s?

Tomorrowillbeachicken · 06/08/2023 18:59

I say this as someone that cross stitched in the 90s/00s and see lots of the designs from then returning again now (although I no longer CS)

anon666 · 06/08/2023 19:02

Tomorrowillbeachicken · 06/08/2023 18:57

How do you know you aren’t buying a copy of a design from the 80s/90s/00s?

Tastes and styles change so it's quite unusual not to be able to tell whether something in vintage in origin.

For example there is a resurgence of interest in Swedish/Scandinavian linen embroidery and yes, based on the original designs.

I agree with another poster saying that it's hard to know if you're not subconsciously absorbing influences, and artistic movements tend to move forward in waves. However, there are infinite combinations so it's pretty clear to me when "influence" moves into the territory of "copying".

Tomorrowillbeachicken · 06/08/2023 19:04

Or in terms of embroidery or tapestry it could be a 19th century design

toxic44 · 06/08/2023 19:10

If you decide to sell your patterns and someone buys one, makes the item and sells it, how would you react? Would you call that copying your work? Would want them to cease and desist?
I've earned my living by designing, making and selling for a good few years. People always copy, mostly quite badly. But they can't copy it until they've seen it; they can't see it until you've done it. So stay ahead.

Fightwithmyface · 06/08/2023 19:21

Lapflop · 05/08/2023 07:59

YANBU if its truly unique, unfortunately not a lot you can do about it, even huge corporations like Disney struggle to get anywhere with people ripping off their stuff to sell (they try though and do get a lot of accounts removed from Etsy etc)- some people are just shitty not that it makes it right.

I did go to a craft fayre a few weeks ago though and someone was selling miniature trees made out of twisted metal. I said these are beautiful, I have one similar to this at home and it always gets a lot of comments! She then demanded (I say this as angrily asked rather than just asked) to know where I'd got it from and when as she was going to take action as someone had obviously copied her work; I inherited it from my nan who (sadly) died many years ago- she said oh can't be like mine then as mine are the only ones but I wasn't even born then. Made me chuckle.

Ha, this reminds me of a time a woman demanded I remove an item of jewellery from my website as she was the original inventor of this type of jewellery and I was stealing her idea. I sent her a link to an example of a 15th century one in the British Museum 😂

EpidermalLayer · 06/08/2023 19:28

LadyPoison · 05/08/2023 20:21

Part of the difficulty is that we are all unconsciously influenced by what we see.

I'm a silver jewellery designer and maker. There are a certain number of techniques. Plain bezel rings and basket sets are universal. I make them. Every silversmith I know makes them. Some are tweaked using embellishment plates. They all look like variations on a theme as the plates are commercially available and the number of designs are limited. There is no way to claim copyright on this style. It is universal.

There is a popular design out there at the moment of a circle with some mountains and a sun inside it. I have no idea who first came up with the concept but there are now lots of variations. All different, using different metals in different combinations but clearly based on the same idea. Not technically a copyright infringement but certainly based on one person's work.

I, myself, will sit at my bench, pull out some silver and some stones and let them be what they want to be. Even if I start with a design in mind it will be substantially different at the end from what I may have thought at the start. I do not set out to copy but I can never be sure that someone somewhere hasn't gone through the same thought process either before or after me. I spent this afternoon making silver mushrooms. I hope no one else has come up with the exact same interpretation I have but I don't know, I haven't gone looking.

The problem is I don't know what my subconscious has picked up and retained from the many thousands of mushrooms and mushroom images I've seen over the years! Maybe I am100% original. Maybe I'm not...

Currently shopping for wedding rings and most designs are variations on a theme. A mobius strip shaped ring for example - you can find thousands that look exactly the same online. Here's an example:
https://www.jacquelineandedward.com/product/the-laggan-ethical-18ct-gold-wedding-ring-with-single-twist/ 

The below however is unique:
https://www.jacquelineandedward.com/product/the-balwoges-18ct-gold-oak-twig-wedding-ring/

So would the jeweller be able to claim copyright for the second, not the first? @CatMum27

@LadyPoison There are lots of silver mushrooms but if you did, say a mushroom with a fairy on top. Or a mushroom with various flowers, that nobody else has the cases might be clearer cut. I follow quite a few artists (not silver smiths though) and as PP said their work has a certain style, I'd be able to recognise it anywhere

Btw hubs-to-be wants a silver hip flask so if you do those feel free to DM me your page

The Balwoges: 18ct Gold Oak Twig Wedding Ring

An 18ct gold wedding ring cast from a one of a kind Oak twig with either a polish or matt finish. Handmade from ethical recycled gold and enhanced using natural river gold, gifted to you by us. Choose your river gold location to make your ring extra sp...

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ArticSaviour · 06/08/2023 19:34

ThingsBeingVarious · 05/08/2023 10:58

Just to be clear, I have not, nor will ever, make a kangaroo amigurumi. Nor any other kind of 🦘🦘🦘

Surely you mean Kangaroomigumi?

FlappyBirdsGone · 06/08/2023 19:36

How long have you been in the business @ThingsBeingVarious? because my job is…creative and this is very common. People steal ideas all the time and have done since the dawn of time. Sometimes they twist it to make it their own, other times it blatant. It just is. It’s happened to me many times. I’m over it.

Ridemeginger · 06/08/2023 19:39

African, Indian, Native American, Aboriginal, Romany art, pattern, jewellery, pottery, fabric….how many Western artists still copy the original artistic ideas and emblems of these cultures? I don’t think there are any original ideas any more, everything is derivative of what came before it.

Tomorrowillbeachicken · 06/08/2023 19:47

Fightwithmyface · 06/08/2023 19:21

Ha, this reminds me of a time a woman demanded I remove an item of jewellery from my website as she was the original inventor of this type of jewellery and I was stealing her idea. I sent her a link to an example of a 15th century one in the British Museum 😂

😀loving it

Tomorrowillbeachicken · 06/08/2023 19:51

ArticSaviour · 06/08/2023 19:34

Surely you mean Kangaroomigumi?

😂

Darlingx · 06/08/2023 19:59

I used to make a joke at College that u need to work in a workman’s builders tent because one would start using a technique or material then others in the class would get inspired . It was annoying seeing as it was degree level but an entree into the issues of the creative world. In order to sell it you have to display it and well once seen could be copied by a manufacturer from overseas. I made jewellery for Japanese dept store high end one. Topshop copied my design must have seen it in Japan so was instore in UK. I made a gift for a friend she put it into production copied it and was selling to boutiques it was my unique design and then when I had a label a bigger designer brand copied my design to precision except they changed the fabric . This was literally the next season . Then finally someone copied my entire concept and even lifted my ethos for my designs word for word for their website selling the copies. Literally by raising the profile of what I was doing I just got copied even more. It made me decide to see it as someone taking my design down a different avenue and watching where they went with it because they were always bigger more monied and more successful so it would have been David versus Goliath. Heard of one designer who challenged M& S over pant design she came from family money so could go the legal route with all the costs she won and they had to burn all the stock . Then years later looking through a 60s lingerie annual same keyhole with bow at back pants thaf designer sued for being her design is anything ever original? Even perhaps we are absorbing what we see into our subconscious unaware where later inspiration came from but just lifting your idea and selling is another hurdle creatives don’t need its tough as it is trying to survive . You have my sympathy and hope u find a solution to protect your designs 🤞

LadyPoison · 06/08/2023 20:13

EpidermalLayer · 06/08/2023 19:28

Currently shopping for wedding rings and most designs are variations on a theme. A mobius strip shaped ring for example - you can find thousands that look exactly the same online. Here's an example:
https://www.jacquelineandedward.com/product/the-laggan-ethical-18ct-gold-wedding-ring-with-single-twist/ 

The below however is unique:
https://www.jacquelineandedward.com/product/the-balwoges-18ct-gold-oak-twig-wedding-ring/

So would the jeweller be able to claim copyright for the second, not the first? @CatMum27

@LadyPoison There are lots of silver mushrooms but if you did, say a mushroom with a fairy on top. Or a mushroom with various flowers, that nobody else has the cases might be clearer cut. I follow quite a few artists (not silver smiths though) and as PP said their work has a certain style, I'd be able to recognise it anywhere

Btw hubs-to-be wants a silver hip flask so if you do those feel free to DM me your page

The casting of twigs into precious metals is what most beginner smiths do sooner or later. I haven't myself but it's crossed my mind and I will probably do so at some point but as I prefer fabrication to casting, it's not a priority. It's not a unique idea at all. I've seen dozens made into necklaces, all slightly different but substantially the same.

That one will be unique as it will be made from one particular twig. If I was to do one, I would use another twig. Both will be unique as the twigs differ but the idea itself is far from unique, although the results will be very similar. As I understand it, if I was to cast an exact copy from that ring I would be breaching copyright, however if I use my own twig then I will not.

EpidermalLayer · 06/08/2023 20:49

LadyPoison · 06/08/2023 20:13

The casting of twigs into precious metals is what most beginner smiths do sooner or later. I haven't myself but it's crossed my mind and I will probably do so at some point but as I prefer fabrication to casting, it's not a priority. It's not a unique idea at all. I've seen dozens made into necklaces, all slightly different but substantially the same.

That one will be unique as it will be made from one particular twig. If I was to do one, I would use another twig. Both will be unique as the twigs differ but the idea itself is far from unique, although the results will be very similar. As I understand it, if I was to cast an exact copy from that ring I would be breaching copyright, however if I use my own twig then I will not.

That makes sense! Although I don't think these are cast - they said each piece is handmade ('carved') and so is unique as they cannot get the exact same twig all the time. That sounds like what you term as 'fabricated', although I supposed they decided not to overload me with technical terms. I've seen a lot on Etsy but normally shops that also sells costume jewellery and all sorts as well.

As a PP have said even if copyright was breached I doubt that people have the time, nor the inclination to take them to court. It wouldn't bring them much revenue anyway, as long as people buy their stock and not 'competitors' they're good to go.

LadyPoison · 06/08/2023 21:03

EpidermalLayer · 06/08/2023 20:49

That makes sense! Although I don't think these are cast - they said each piece is handmade ('carved') and so is unique as they cannot get the exact same twig all the time. That sounds like what you term as 'fabricated', although I supposed they decided not to overload me with technical terms. I've seen a lot on Etsy but normally shops that also sells costume jewellery and all sorts as well.

As a PP have said even if copyright was breached I doubt that people have the time, nor the inclination to take them to court. It wouldn't bring them much revenue anyway, as long as people buy their stock and not 'competitors' they're good to go.

It sounds then like they are carving a twig from wax then and having it cast. Yes each will then be a one off unless they have a mould made. Sorry fabrication is making from scratch with silver wire and sheet. You can make some lovely twigs that way too!

Willyoujustbequiet · 06/08/2023 21:56

CatMum27 · 05/08/2023 16:31

Lots of misunderstandings about copyright on this thread. As someone who works in copyright I can tell you that if you copy someone else’s original work then yes you are in breach of the rules and there is always “something they can do about it”. There are two main sets of rights in copyright- the right to make money and the right to be identified as the creator. It makes no difference whether you make money from it or not, although publicly sharing something makes you easier to catch. in copying you are taking away the right of the creator to make money from their work as you are not purchasing the original from the creator. And you’re probably not crediting them either! Fair use does not apply. It’s a defence to be used in court, not blanket permission to do what you want. It means you are allowed to use a PORTION of a copyrighted work as long as the use is fair and reasonable. Unfortunately there is no exact specification as to amount but copying the whole thing is definitely not fair use.

A copyright owner is always within their rights to take action but practically they are not always able to. Those who are old enough will remember recording films from the tv or songs from the radio. This was illegal as it breached copyright - you weren’t buying the DVD if you were recording it from the tv for free. Copyright owners were hardly likely to have the time or resources to track down everyone who did it though. Same with World Book Day. You can copy costumes instead of buying official ones but technically you are still breaking the law. Highly unlikely people are going to sue you ... but they could if they wanted to.

OP - I’m sorry this is happening to you. I’ve had something similar and it sucks. Ignorance of the law is no excuse but one which is often used. If you want to take things further try something like Citizens Advice or the local library (if there is one left). They often have lists of legal professionals who will give you limited free legal advice and may also be able to point towards further sources of help.

I guess the crux is proving that work is original in the first place?

I've seen a lot of work claim to be original but it's not. We don't know if the Op's is in fact.

OhcantthInkofaname · 06/08/2023 23:14

AnneAnon · 05/08/2023 00:13

Oh relax I was just joking

No you weren't...

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