It took a lot longer to get to this stage than I had planned but I got sidetracked. I found out that my seahorse design has popped up (altered and marketed) as a Fantasia beads pattern. I guess I have had a wake-up call. I am now forced to get my best designs registered/patented. This is part of a letter I got from the site in question.
"Especially you don't have patented the design. I could make an exact copy of your ones with a self made pattern and sell it. The copyright doesn't come into effect here.
We have previously informed us with a lawyer for German right, and our approach is completely legitimate, there for we are selling out of Germany, German right counts."
It's a bit scary to have high-powered German designers checking up on my patents here in New Zealand. I certainly don't have the copyright clout and budget of Disney.
They basically added bling, changed some details and rewrote the pattern using cubic RAW instead of plain RAW. The way I see it is this: You can take someone else’s design; change a feature,
add a feature, and add embellishments. However, this does not make the design
magically become yours. It just means that you have modified it – creating a
derivation, not a design! And when you rewrite the pattern in your own words
and sell it for a lot of money, telling everyone it is your design….. well, I'm not impressed!
My 2001 seahorse design:
Their seahorse (nice fin)
Anyway the best advice I have read is that you have to stay one step ahead of pattern pirates, and not get bitter. So anyway, instead of working on the cow I have been making a new secret seahorse design - one to patent, register and protect. I too can use herringbone and sparkly embellishments. My challenge is to make it better than the one above, and not to copy anyone else - but simply to be inspired.
I'd be interested to see if my idea of this situation is in keeping with others views, given that these are emotional issues. I had a blogger say "They did NOT copy you! and that I was being arrogant and presumptuous. She said "I was not the only person who said "I think I'll make a seahorse out of beads'". I was shocked that she said this. But I guess people get defensive, and not everyone understands copyright, or the design process.
Dear Ruth,
ReplyDeletefirst off, I would like to tell you that I have bought a few of your patterns, some from Sova (I think) and some from your own site. They are my absolute favorite patterns because you provide absolutely clear instructions for every single step and give good advice about bead sizes and culling etc. to boot. Also, the results I have had are absolutely amazing and everyone who sees my beaded figurines raves about how pretty they are. I LOVE your patterns, your creativity, and your diligence in creating the patterns. I do hope that stories like the one with Fantasiabeads won't prevent you from publishing many more patterns!
Now, I have some Fantasiabeads patterns at home, and while I do love the results, I don't care for the price or the quality of their patterns, and I am not the only one who feels that way. Reading that they copied a design of yours is absolutely disappointing! The email quote you posted is very much in line with how I have experienced the Fantasiabeads girls in person as well.
I like your reaction to this story, though. It seems that something good has come out of it after all. Unfortunately, the theft of creative ideas can't be completely prevented even by registering a design, I think. It will always be up for discussion and - in the worst case - a judge's opinion about how much a design has to be changed in order for it to be "new"...
I am active in two German beading forums, and both of them have very strict rules about naming the designer whenever a photo of a beaded animal or jewelery is posted, and there is absolutely no copying of patterns allowed. Both of these forums have hundreds of members who have internalized this ethical conduct. So please know - and I do hope you know this already - that there are a lot of beaders out there who are absolutely respectful of designers' work and go out of their way to protect the copyright of others!
Sorry to reply to such an old post, btw, but I think the topic is still relevant. ;)
Best
Nicki