Friday, November 2, 2012

Are you stealing?

In any workplace, you stand the risk of having your hard work stolen for another's gain. Is it simply enough to get paid and look in the mirror and know you did your best?

Recently a lawsuit against Pinterest proved that, "no", its not enough. A person has the right to protect their intellectual property, whether it be their craft or their process tho reach the end result, otherwise face the charges.  Pinterest implemented a program, according to reports from the Washington Post, where the up loader (or owner) has the ability to utilize a "opt out" position when posting their original content.  This means they can prevent their image from being re-pinned to another's board. There's also a 500 word limit on the thread attaching to "pins" so a DIY or blog regarding the manufacturing details won't be easy to do.  The debate continues over whether this is enough protection for the intellectual property owner.  My thought? The jury's still out on this one.

I've always been bothered by copycats.  I'm not saying people have always copied me. I'm saying its always bothered me.  So many have said, "feel flattered"! Well, when someone steals your wallet, are you flattered? 

A sweet lady came into my FrillSeekerz shop about a year ago and bought several purses. She came in again and shared her love of the bag but ALSO how much she'd enjoyed making some just like those I'd made.  She stated how she was also looking forward to the extra income her new purses could provide for her.    Realizing how much income these bags have produced for me on etsy, I wasn't  excited for her but instead surprised at her naivete'.  Was it nerve or ignorance?  Why should I care?  After all, I don't do the same design for long at all. Trends change and truly creative souls evolve as does their craft.  It still bothered me. I gave her a "gentle" warning by using reference to copyright "umbrellas". She brushed it off as did I.

A year later, I was approached by a regular client who I supply her bridal shop.  She discussed with me our "no compete" clause on our contractual agreement.  This is when Angel informed me of my purses being carried next door to her shop.  After assuring her I would protect her interest and honor my contract, I did my research.  And yes, this same individual is, indeed, doing my purses as well as bridal sashes, table runners and flip flops and selling them next door to my commercial client. After contacting the mall owner, I was given the woman's contact information and left mine. She called. I was firm and definite with my intentions to sue and the grounds.  The merchandise was removed but now has appeared under her name in other locations.  I do plan to follow through with legal actions.

My question is this, when we've all been inspired by others, when is it crossing the line?  I believe when it is for financial gain and the product has more than 90% likeness, the reproduction belongs to the original designer.  If credits are not given, its the same as stealing.  The profits gained from another's design do not belong to the copycat.  I do realize the original designer takes a chance when posting images for the world to see BUT they should have that right.  I should have the right to display my goods in my store and believe that another creative soul will acknowledge the difference between admiration, inspiration and theft.  And quite frankly, nurturing that creative part of my soul means taking pride in the fact that I did it!

What's your take? Do you simply get inspired or do you steal?

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