Tuesday, January 19, 2010

2010 - Standing up for my Values


So it is 2010. Time for introspection, re-evaluation. Time for a re-statement of my personal values.

Time, for once in my life - to say what I give a crap about without being afraid.

All my life, I've felt out of place, struggled to say the thing that will make people like me enough to listen to what I think is important. I'm done with that. Hell or high water, I'm saying it anyway. Because at at 51, it is time to be done with fear, or embrace it as a sign you are going in the right direction.

I'm really afraid I'm too old - that too much time has gone by, that no one will accept that I'm transforming myself from a persnickety, perfectionist, complaining, bitch into a person who simply tells it as she sees it, then acts accordingly.

What good is having worked to be an expert in your field if you can't share the pragmatics of that in a REAL way?

It is time to talk about the things I really believe without sugar coating. It is time to make myself proud.

To that end, here is something I'm proud of: I've always given credit for my personal inspirations in my jewelry making. It doesn't take any skin off my nose or devalue my work if I do. Yes, it goes beyond the legal requirements. It is the ethical and courteous thing to do. But it seems that courtesy and ethical practice are difficult for some people.

This is a dead horse for many people. I really don't care. Whether they are just tired of the subject or are 'protesting too much' like the lady in the play doesn't matter. What matters to me that my work and name are associated with people who do the ethical and courteous thing.

Don't get all bent and tell me we can't give credit because we would have to go back to the beginning of time. BS!!! This doesn't require a separate book of the bible - all it takes is a little painless "I was looking at so-and-so's work and got the idea for this."

That's it. That's all it takes to not be branded a thief and a liar. That's all it takes to move forward cleanly with our art and craft.

But if we fail to mention this, or worse, claim that we have not ever seen rather popular work that ours resembles, then we are at the very least, liars.

So with that in mind,I'm going to ask a question with a few links:

How can someone who made these:

http://www.lbjewelrydesigns.com/shop/indian-weave-ear-rings-p-173.html

admittedly from this tutorial:
http://www.izamalczyk.com/en/tutorial-4-21.html

Later claim that she had not seen this piece by the same tutorial writer:

http://www.izamalczyk.com/en/gallery-2-276-1825.html

While she writes a tutorial for this:

http://www.lbjewelrydesigns.com/shop/woven-bezel-turquoise-pendant-p-240.html

Unfortunately, she deleted all commentary that included her denial, but there are those who remember, those who actually held a conversation about it - including a digital source- the way back machine.

I really want to know how this is anywhere near ethical or courteous. Really I do. Heck, I even gladly participated in her effort to refine the double sided version of this.
I would not bother with this if she had not denied knowledge of her inspiration at the time she made the piece on a very well known site. All it would have taken is simple acknowledgment. Somebody answer and help me see this in a better light - PLEASE!

So that is my re-evaluation. I'm not sitting back and letting things like this go any more. I'm standing up for details of ethics and courtesy. And I'm going to do it when it happens.

Perri

30 comments:

a on January 20, 2010 at 4:14 AM said...

Is the problem that the weave pattern is the same? Maybe knowing how the pieces are constructed makes it easier to see the similarity, but I just honestly don't see a major similarity here. Iza Malczyk is a genius, but these earrings are not one of her more complicated pieces. I think it could truly be possible for someone to have come up with the bezel setting without having seen the earrings. Weaving layers of wire together is a common technique, and the weave pattern is not so revolutionary that two people could not have thought of it independently. Of course I don't know what happened, and didn't see the conversations you were talking about, so there could be more to the story I'm not aware of. Do you see a similarity other than the weave pattern? I don't know anyone involved in this, but I've admired both of these artists' work, and yours too.

Rachelle on January 20, 2010 at 8:50 AM said...

Perri, I'm not aware of the whole story either and I'm beginning to doubt that ethics and courtesy actually do exist anymore. While it is possible for two different people to come up with the same design independently, the fact that there WAS communication does lend to a mention of where the inspiration came from at the very least. Heck, I'd be proud to admit where my inspirations come from, but then I think differently, which makes me uniquely weird.

mrs beadsley on January 20, 2010 at 3:22 PM said...

Perri - like Rachelle, I, too, am doubting the existence of ethics and courtesy these days. That said, when I see or hear of things like this happening, I take solace in the knowledge that people who use others inspiration and imagination to create their "own lines" are always followers and never leaders. Better to march to your own drummer and make a unique mark in the world than to follow in someone else's path. That's no way to lead!

Eva on January 21, 2010 at 6:49 AM said...

Hi Perri,

Long time no talk :). When I was reading your last blog entry one thing especially came to me. How respectless we treat our teachers. Their are many wonderful jewelry makers that love to teach. They encourage their students to learn from them and I think they give a piece of themselves in every tutorial and book they write. To me the worst thing a person can do is take advantage of those teachers by not by copying (part) of a design but to go a step further and write a tutorial and claim it as their own and make money of it.
We should respect and be grateful to those who teach us and inspires us. And making money using their efforts and abusing their giving nature.... I just don't have any words for that.
Eva.

Perri www.ShaktipajDesigns.etsy.com on January 21, 2010 at 11:33 AM said...

a, I appreciate you taking the time to comment.
I want to make clear that what I find disturbing and insulting is that the person lied to me personally and the greater community by claiming initially that she had not seen Iza's work. As I said, I initially helped this person further develop the design, taking her at her word, although I found the claim of ignorance unlikely.

Agreed, the weave pattern is not 'revolutionary'. Barbara Berk was doing it before Iza, although Iza tweaked the 'thread path' a bit, which of course is part of her genius. :^)
However, since this person made Iza's earrings with Iza's tutorial, it can hardly be said that she came up with the weave independently. So she clearly owed Iza at least a mention.

I also agree that the person *could* have come up with this without seeing the round earrings - but I find it *highly* unlikely, given that she made earrings with Iza's tutorial, and probably had seen Iza's considerable body of work.

In this form, this 'bezel' is an earring that has been lashed flat to the top of a stone, and closed at the top. The pattern does not wrap around the other side. See the similarity now?

Thanks again,
Perri

Perri www.ShaktipajDesigns.etsy.com on January 21, 2010 at 11:39 AM said...

Rachelle,
You uniquely weird? No way!! LOL
I guess I am, too. Let me share part of my response to someone who contacted me privately because it speaks to this:

"I recognize that not all people feel attribution is necessary. It certainly is not legally necessary in most of these cases, to my understanding. But to assert that you have not been influenced at all is just wrong. Furthermore, if you admit to having seen work that carries the main theme of your piece, then I think you owe them the courtesy of public thanks. Especially if you then make instructions for sale based on that piece.

As I said, it doesn't take much to extend that courtesy. In a world with the internet, it can be difficult to remember where you have seen things. But how does it diminish you to simply say 'I saw this in my internet travels or in one of the magazines I get, and it inspired me. I can't remember where, but thanks! '? Various forms of that statement have served to protect many a student from plagiarism. When you get right down to it, that is what we are talking about - plagiarism. You don't have to mention it everywhere, but when the piece is first made, it would be appropriate. Especially when more than one person notices and mentions the resemblance between your work and another's.

This may seem foolish to you, but I think this is what is needed. This attitude of the 'Immaculate Inspiration' diminishes us all. I really want it to change."

Sorry for creating what amounts to a canned response, but there you have it.

Perri

Perri www.ShaktipajDesigns.etsy.com on January 21, 2010 at 11:56 AM said...

Maureen,
I don't want to doubt the existence of these things. They are too important to me. I'll fight for them in my little corner of the world.

I took a step back for a day or before I answered comments. I realized that what I really was upset about was being betrayed by being lied to.
Plagiarism in and of itself is a lie, but compounding it with denial when confronted is worse.
I'll freely admit that I think the design is very nice - I was willing to help her develop it. I even declined to write a tutorial for my part of that development, saying that a tutorial was coming from her.
When I found this, it made me sad and angry, because she has profited from misrepresentation.

But mostly sad - she has a talent, but she chose to put her integrity in jeopardy, and therefore diminished her own work. Probably over a bit of silly pride. Really sad.

Perri

Perri www.ShaktipajDesigns.etsy.com on January 21, 2010 at 12:13 PM said...

Thanks, Miss Eva! You know, as a teacher, I hope that people do take techniques and find their own unique ways of expressing them. But remembering and acknowledging where we started and who helped us is just the decent thing to do.

Little story: I paid my rent in my teens picking oranges. It is hot, back-breaking work in those groves. One day, a migrant worker from Mexico gave me a tip for more efficient work that increased my output by about a third, and had the added bonus of being infinitely easier. When I told my personal friends about it, they advised me to never say that a 'wetback' had helped me, as it would make me look bad.

Being me, I turned around and told anyone who asked. The hard part is that this man had only spoken to me that one time, and I didn't know his name. He and his family had moved on. But that didn't stop me from giving him credit. Nobody discredited my ability because of it. People still thought my work was stellar - I got it done!
But the best part was that this man got his due, because I paid it forward to other newbies. And I never had to feel guilty for being prideful or a racist, for that matter.

So there you are. The world is wide and has a long history. Immaculate Inspiration pretty much doesn't happen, so you may as well just buck up, get some humility, and practice some courtesy.

Luv ya!
Perri

heartdancr on January 23, 2010 at 4:03 AM said...

Perri-
I've seen a great deal of this sort of thing lately too, and it really bothers me. Thanks for taking a stand on this issue.

Deb

Perri www.ShaktipajDesigns.etsy.com on January 23, 2010 at 9:11 AM said...

You are welcome, Deb. It doesn't make me feel good to need to stand up for these values. Seems like it should be a given. But it is something that I feel strongly about. Thanks for taking the time to comment. :^)

Perri

Cristina on January 23, 2010 at 4:28 PM said...

Hi! I love reading your blog so I’ve given you a Sunshine Award! Read my entry for more details.

have a great day,

Cristina

BrassyBeads on January 29, 2010 at 10:27 AM said...

I thought the design was sufficiently different from Iza's to not require a mention of her. That particular wrap isn't one I think belongs to anyone. I have discovered in my own work, that in order to keep curved wrapped wires from tweaking, that this type of wrapping style has to be used to control the wires and keep them in their shape.

I can understand your outrage if you felt lied too.

I have in my possession a heart brooch, I made it three years ago. I just purchased a new book by S. Miller and she has the exact, in every way, brooch that I designed years ago. I am afraid to publish my brooch now because noone will beleive it was my own design.

Iza herself gives credit to Eni Oken only one time on her webpage. She does not give credit to Eni on each and every one of the more than 25 pieces that are clearly Eni Oken influenced. It seems only fair that you should come down on Iza for not mentioning Eni every time also.

I agree we should offer credit where credit is due, but this particular example seems overly harsh:(

Perri www.ShaktipajDesigns.etsy.com on January 29, 2010 at 12:32 PM said...

Mary, I would agree with you about the piece not needing attribution IF:
1.this had not been the first time it was shown in the major venue.

2. Am I not being clear here? Other people noticed the similarity and mentioned it.
She denied having seen Iza's work at all after the similarity was mentioned.

In light of #2 alone, how is this example harsh?

3. Her work took a radical turn after she made Iza's earrings and her subsequent work took a very similar path.

4. The work in question was made less than 7 months after she photographed the earrings made with Iza's tutorial.


'Ownership' of technique is not the point here. The point is attribution for inspiration, and subsequent denial - which, I believe if you follow the information trail, is pretty clearly present.

The attribution for Iza's earrings were given on the personal site in question. But the attribution was missing and flatly denied on a much larger site when the similarity was mentioned.

Where did I imply that attribution needs to be given on every piece on a single site that shows a clear inspiration? The fact that Iza gives the attribution without being prompted on her site and in plain view is enough for those pieces on her site. I don't need to question Iza in this case - she didn't deny the inspiration.

It clearly makes my point about just how simple it is to give attribution.

Mary, I understand your dilemma about your brooch. If you have a photo of it taken at the time you made it, or someone else saw it at that time, then you have proof you did not make it after you saw S. Miller's, so there is no issue of attribution, just a case of great minds thinking alike which does, indeed happen on occasion. Just ask Sir Isaac Newton and Gottfried Wilhelm Leibniz, who independently came up with the notion of Calculus. (well, you can't, but you catch my drift.)

Photos carry metadata that have date stamps. If Sharilyn's brooch had not been published at that time, you have a clear provenance AND a clear conscience.

Perri

BrassyBeads on January 29, 2010 at 1:50 PM said...

Perri,
Thank you for your answer. Maybe I am just unknowledgable as to all the details of this particular matter. Isn't it possible to know about Iza's early work without continuing to follow her later work?

I also view the designs as quite different, the concept behind them, as to how to hold the stone and set the top seem to be drastically different ideas, the wrapping seems the only common feature. So for that reason, that is probably why I view it as overly harsh. That doesn't make me right though.

Not trying to be right or wrong here, just struggling with the issue as I think most of us do struggle with this.

You didn't say that anyone had to give credit on every inspired picture. I picked that up from your words, maybe my own projection or fear of what you were meaning. Thanks for clarifying your stance on that!

As for my brooch, I did not take a picture of it. Even if I did have one, I don't think I would want to start selling it because people would not take the time to check out all the facts and I think I would end up constantly defending myself over it. Even though my conscience is clear I would look guilty to many people I am sure.

Because I have seen with my own eyes, more than once, people coming up with similar designs, I'm kinda inclined to be tolerant of others in this area of credit;)

And to be perfectly honest, I didn't like that heart brooch very much, even though it is just as nice as Millers and well made too. Hehe, so not complaining really:)

sschaneman on February 5, 2010 at 5:01 PM said...

Thanks for talking about this, Perri. It's just as much a part of creating as twisting wire.

I remember when this discussion first came up, although I thought it was about another artist ... and maybe it was as well. There is so much of it happening.

I think Lisa is a very talented artist. She has wonderful skills and a great "eye" for space and color, and I can't imagine what happened for this to occur. But one lie destroys your credibility forever. Is that the only piece of Iza's work she ever saw? Possibly. And she's never seen any of Ed Sinclair's work? Also possible, but highly improbable. I'd like to give her the benefit of the doubt, but she shot herself in the foot with that one lie. Now I doubt everything she says.

I hope we all can learn from this. If you don't know where you saw something that inspires you, say so! If you do know, give that artist credit. It benefits us all.

Perri www.ShaktipajDesigns.etsy.com on February 5, 2010 at 7:24 PM said...

Ya know, I do believe it is possible to come up with the same thought process independently. But if the chronology has one artist preceding the other, and it is made apparent that the latter artist follows the former's work - then the scenario of independence is highly improbable.

This artist does have an eye for space and line - there was no need for her to deny having seen Iza's work.

I really don't see what the big deal is about giving attribution. It is a way of saying 'thank you' to those who have opened the door of imagination for us. We say thank you for those who open literal doors for us - why do so many of us balk at the figurative? I would wager that most people would never say "someone might think less of me if I said thanks to my second grade teacher for encouraging my interest in music." So why would they think less if you thank a far more recent encouraging or inspiring action or creation?
I'm truly at a loss that people think this is harmless or that we should tolerate this kind of discourtesy.

VENTURINE on March 17, 2010 at 10:03 PM said...

In English 102 I was told information found in three or more sources don't need to be cited it is considered public information.

Perri www.ShaktipajDesigns.etsy.com on March 17, 2010 at 11:47 PM said...

Information 'DOESN'T' need to be cited if it is 'common knowledge.' That is clearly not the case here, since some folks do not know the information contained in the links.

If someone gave you a specific number of places a piece of info needs to be seen in order to be considered 'common knowledge' or 'public knowledge' as a rule instead of a guideline or example, they were mistaken.

In general, the guideline for what is considered 'common knowledge' is this statement:
"both careful thinking and a certain amount of common sense must be employed when determining what is "common knowledge" in academic writing. Statistics, changeable data, "facts" open to contention, etc., must always be cited regardless of how "commonly" they may be known. And in general, wherever there is any doubt, it is safer to cite one's source rather than rely on an assumption of common knowledge. "
Source: http://www.uta.fi/FAST/PK6/REF/commknow.html

My instructors, and most of the sites I checked, tend to agree with the last sentence in the quoted material above to avoid charges of plagiarism. Like I said before: doesn't take much - a simple "I learned this technique *here*." or "I saw this idea *here* and incorporated it into my work." in an honest disclosure will do it.

Perri

Pattilou on March 20, 2010 at 9:16 AM said...

Perri: This is a very interesting dialogue and hits on something I have worried about for some time. At what point does a new technique or design become "common knowledge"? I have seen designs, or variations thereof, that appeared in bead magazines some years ago and now are commonly used without attribution. As I am an artist who designs projects destined to become kits for sale, I obviously don't want to be accused of claiming a technique or design as my own, thereby hurting my business. I love the idea of saying "I saw this idea somewhere but can't remember where". I never thought of that! On the other hand I may be putting that disclaimer on a kit while the WHOLE BEADING COMMUNITY thinks of it as very common knowledge and questions my knowledge of "what's going on"? At times it's a very gray area, but from here on I will err on the side of overkill when in doubt.

That being said, I think I agree with you in that the bezel wrap was obviously a take-off from the technique given in the tutorial. Perhaps it would have been better to give credit where due, then say "I've taken this idea a step further and I'm going to continue to work in this direction - and this bezel is my first".

As for people copying my work? It has happened many times and my mother used to say I should call people on it. My take on that is to be flattered and attempt to keep ahead of the crowd. My goal is to make money on my ideas before they are all over the net - and to already have launched new ideas before that happens. Keeps me challenged!

As for learning to be more vocal, hooray for you! At 68 I am working on listening more and the more I do, the more relaxed and mellow I get- no more going home and mulling over what I said and wondering what people think! My new slogan is "If not now, when"?

Anonymous said...

Hi Perri,

All I can say is a year and a half ago, I was very new to wire weaving and was new to designing with wire. I had never written a tutorial like that before, on such a complicated piece. Everyone was pushing me to write one about this and I truly didn't know I was supposed to print out exactly where all the elements of the design and techniques were learned and then reapplied. I was just writing how I made the piece. I should have given you the credit for how to hinge the double sided bezel but I thought that since you had told me, you didn't mind if I did them that way. I tell people how I make bails all the time, tell people my "secrets" in metal clay and do not expect them to say to everyone where they got that particular element of a design. I have seen people copy my work many times on the internet without giving credit to me and I have to let it go... it is not worth the pain of it. I have learned a lot since then and I would gladly reword that tutorial that has the hinged part, if that would make you happy. It is not worth it to me to cause you more pain. I regret very much how I handled things and I truly am sorry. I didn't know how to handle it. I am an imperfect person in an imperfect world.

I have always admired your design skills and exquisite craftsmanship. I continue to hold you in the highest regard for your ability to communicate verbally and through the excellent photographic expression of your work.

Lisa

Perri www.ShaktipajDesigns.etsy.com on March 30, 2010 at 10:48 AM said...

Lisa,
I can accept that you regret how this was handled.
I commend you for commenting and explaining here, but I am also going to say that over a year ago on the JL site, someone pointed out the similarity of your weaving in a very lovely piece to Iza Malczyk's work.

You could have responded with something like "Yes, isn't Iza's work wonderful? I made her Indian Weave earrings and found the method a little difficult - so I designed this pendant using a method I adapted from that."
Two very truthful sentences containing a lot of humility and admiration. These acknowledge that you learned the technique from Iza, and state that you have adapted it differently. That would have put you in the clear. Instead, you chose to get defensive and deny any influence at all on JL.

You mention Eni's work in your design credits - why not Iza?

Since you have not even mentioned Iza in your comment, I have to once again point out - you acknowledge that you used Iza Malczyk's tutorial to make her Indian Weave earrings on your site. Then, you go on to acknowledge that the weave helped you make the bracelet form.

Therefore, you have written a tutorial using a technique that you CLEARLY learned from someone else, in much the same ways that they use it.
It is just good manners - common courtesy - to say thank you when someone helps you. If you are profiting from it, it is a good idea to acknowledge their copyright by asking permission or giving attribution in a VERY public way.

Furthermore, if you deny having even seen work that you admit your work is CLEARLY based on, how was that courteous?

As for seeing your designs copied without credit: you just admitted it causes you distress - you have 'let it go" because 'it is not worth the pain of it.'
Why would you think it causes anyone else any less pain? Why would you cause that pain for someone else by failing to give that credit if you KNOW it causes distress? One more reason to be open about attribution and influence.

As for how you did the hinged bail, I offered help at the time in good faith and in the spirit of helping each other - I didn't mind if you used the methods I explained to you, and then wrote your own instruction. It appears that you are using the technique, so I'm glad that it helped you - because that was my intent.
BTW - again, giving credit is being courteous, and most folks are a whole lot more likely to help you again if you are courteous.

Are you saying that you used my exact explanation to you? Because if so, it would be a good thing to write your own and it isn't about making me happy or not. After all the discussion of copyright infringement on the web lately (you've seen it and joined discussions on JL, haven't you?)it should be obvious why that would be a good idea.

Everyone is imperfect - we are all human. We all make mistakes. But when things are brought to our attention, it is a good thing and far less painful to put our pride aside and admit them sooner rather than later.

I have always said that you have a unique skill for designing eye-catching, lovely forms - it is still true. The photos of your work are really well composed. Everyone could learn a thing or two from you, should you choose to share it more fully - I hope that you do!

Perri

schaneman said...

Lisa, I think it is incredibly brave of you to come here and comment. I doubt that I would have had the nerve (or inclination) to do it, but I have wanted to hear what you had to say for a long time.

I appreciate your explanation and understand why you made the choices you did. I can see how easy it would be to mis-speak and then have to live with the consequences.

I hope we all have learned from this and can leave it here. I also hope we can remember to give credit to everyone who has taught and inspired us.

Shuku on May 13, 2010 at 12:56 PM said...

Perri,

I've read through this post (and others) several times now, and I find it both troubling and thought-provoking at the same time. I've tried to give credit where credit's due for pieces I've done - haven't done much of late, and this entire issue of ideas, plagiarism and so on is key to it. I don't write tutorials for a reason - partly because I don't think I -have- the skills for it yet, and partly because I've seen how so many people get accused of stealing ideas. I've also seen how nasty people can get without checking facts so at this point, I honestly just don't want to share my work in public. No matter how I attribute it, there's always going to be some accusation or other even though it hasn't come to that thankfully. I do agree however that people should be credited; it doesn't take much but a mention and lord knows I've had to credit Calvin and Hobbes in several pieces because that's where I've gotten the inspiration from.

I don't know. There's attribution, which I thoroughly agree with, and then there's the fear of making anything at all for fear of being accused of copying stuff when that's not the case sometimes. For me, it's more of the latter, sad to say. Thank you for bringing the issue up, it's definitely something that needed to be said.

Suzanne Aka Bella Borgouise on May 24, 2010 at 5:52 PM said...

Well done Perri,
As a very new learner to wire working, as in just starting 1st piece with difficulty.
I have looked at lots of designs,tutorials and now know which style I would like to excel in.
However even tho I might like a particular design that does not mean I cant change it slightly or use different colour stones gems ect.
At the end of the day it is in my opinion a great compliment to have ones designs inspire others, and of course with tutorials one is teaching how to make their own designs or a take on some one elses.
So they are going to get copied.
I have found that most teachers are only to willing to help further if you ask.

So it stands to reason a Thank You and a Credit is a simple and obvious thing to do.

I could not possibly comment on the simularities of ones designs, having only just started my self, but just hope it does not stop anyone having a try at making things, as was said above, or even writing a tutorial when they feel ready.
Hopefully I can do this one day and teachers can say or think, it was me and my designs that helped this person and feel the elation of that moment.
As I would if it were me.
That just leaves me to say a Very Big Thank You to all who give there time and expertise to help myself and others.

Perri www.ShaktipajDesigns.etsy.com on May 24, 2010 at 7:05 PM said...

Suzanne - Thank you for realizing the intent of the post - truly. It is all about recognition and saying thank you. Of course we can change things, rearrange things, make new things - we should!!! Thank you for being the good person you are. You are sincerely welcome if I have helped you at all.

But bless it all, not a one of us developed our work in a vacuum, so my opinion is that it is the height of arrogance to deny our teachers their due and those who help us a nod of thanks. Talk about a sense of entitlement!!!!

As I have said before, I honestly do not understand why this is a difficult concept. Pride does get in the way of courtesy sometimes - and being specific about what we are apologizing about if necessary is supposedly something we learn as children.

Isn't it time we stopped making excuses for not at least saying thank you to the last person who opened an inspirational door for us?
That way we can all feel good about creating and helping others create, from the start of the process to the end. I have to say, this hasn't stopped me from helping people who ask - I'm just more careful and possibly more guarded about it - which is a shame.

Sparklyscotty on June 1, 2010 at 3:17 AM said...

Perri - first, don't let the B%#&()ds get you down! Second - be proud of yourself for sticking up for values that aren't commonplace anymore. That kind of integrity is rewarding, fulfilling and can bring a kind of self assuredness and peace that those without it will probably never understand or experience. Third - I am a nightmare for coming up with new designs, getting all excited, only to realize that my subconcious has tricked me and that I have replicated something I saw in a magazine or book months ago. Should you ever come across such as instance on my blog, feel free to kick my virtual ass. ;)

Adrienne Jewelry Designs on July 27, 2010 at 6:32 PM said...

GREAT Post! Thank you so much for being brave enough to speak the truth and for encouraging other artists to use simple manners. When I was teaching, I always encouraged my students to give credit to the artists whose works or techniques inspired them. I try to do the same, to be an example by using ethical and professional behavior as well as simple manners. I say Bravo to you for standing up! I would be proud to stand up with you anytime, anywhere!

Anonymous said...

So if someone purchases a tutorial, they are not allowed to go forward and create the item to sell? I understand that credit should be given where credit is due. However, when someone sells a tutorial, they should expect that their item may be produced and that it may be produced for profit. There are many jewelry designers out there that want to learn their craft very well, while making money at it.

When I became a Manager, I prepared for the role by taking classes. I received my MBA and have the Professors to thank for their teaching of the material. However, I don't put in my Memo's or Written Correspondence, I'd like to Thank Mr. So and So for showing me how to create a Budget.

My opinion is that you should list your inspiration because credit should be given where credit is due and especially if they look exactly the same. However, if it is sold as a tutorial, no one should get upset at their design being reproduced for profit. They sold their design, much as a builder sells his plans.

Perri www.ShaktipajDesigns.etsy.com on January 4, 2011 at 9:34 AM said...

First - Thank you, 'Anonymous' for commenting.
But now I get to point out that only those who disagree with my premise have declined to state any name. How interesting.

Now to the point. In this case, the person didn't just simply make items and sell them - they subsequently wrote a tutorial on the same design elements they learned. Big difference.

If somehow you got the plans from Ford company to a Ford F150 and built it - would you now own the design, or just the truck? Same concept.
And yes, after you made it, it could probably be sold, but you couldn't claim it was your design - in fact, I'd bet that Ford would have your head (legally speaking) if they found out you did.

The difference between Ford and small jewelry designers? The money to pursue the issue. Which makes this kind of thing far more ugly.

BTW- I didn't state that items made from tutorials could not be sold. According to my legal counsel, copyright law states that is an individual designer's decision to make - but one does need to ask. Most tutorial writers that I know of allow that - I know I do.

Question: Would you let someone else in your office take credit for the budget you created?

You just gave general credit to the professors for their work right here on my blog - and chances are that most of what they taught you was information that comes under the heading of 'prior knowledge' - and they had the bibliography in the back of your texts to prove it. That simple acknowledgment is all that is needed, and it is kind and courteous to give it.

But if you were taught with texts they wrote with original work, and you then wrote a book on making a budget using *any part* of that work - you had better get permission from them to use it, and cite them in your bibliography - otherwise, they have a perfect case for violation of copyright. Not my opinion, fact.

As I mentioned earlier, I always give permission for making finished articles from my tutorials - however, I also state that the maker cannot claim the design as their own - because I did not sell them the design - I sold them the instructions - and there is a large difference between the two.

I suggest you go talk to the estate of Frank Lloyd Wright and see how far you get with your argument on whether a building designer (architect) still owns their designs once they sell the building plans.
Builders are sometimes architects - but generally, they *buy* their plans from architects. However, plans are NOT the design itself - the architect still owns that. The person who makes a house from the plans cannot claim to be the designer unless they created the design.
Copyright law says no one else except that architect has the right to create those plans for that design.
Only works for hire are an exception to that rule - for example, the builder employed the architect to create a specific design and plans for their new custom homes.

As for my tutorials - no one hired to me to create a specific design and subsequent set of instructions for their personal use and no one else. I created a design and wrote instructions - then offered the instructions for sale - the people who bought the instructions got permission from me to re-create the design with their materials. They own that piece, not my design.

Again, not opinion, fact - according to my legal counsel.

Perri

silver ira on January 9, 2012 at 7:34 PM said...

values are very important in one's life and i agree that you should stand up on your values.

Post a Comment

 

Shaktipaj Designs Copyright © 2008 Black Brown Pop Template by Ipiet's Blogger Template