"There's such a lot of different Annes in me. I sometimes think that is why I'm such a troublesome person. If I was just the one Anne it would be ever so much more comfortable, but then it wouldn't be half so interesting."

Tuesday, February 27, 2007

a fine line. . . COPYRIGHT

something has been bothering me for awhile now and if I get it out - I may get an answer. No use keeping worries bottled up inside... and some of you may not agree with me... or you can just think that it is nearly full moon and I am out of control once more. . .
being inspired by some one's art and creating your own version - to complete down & out copying. where does the line start & end?
I am the first to admit that I am inspired by many, many talented artists out there..... and I get ideas from them all the time... but please God, I hope I am never viewed as copying someone else's art work.
I see things, love them and of course I cannot copy - it is not in my soul but I do get inspired and try to create something of my own.
Just lately I have noticed some big time copying of the work of some of my friends..... and unless you visit the same blogs that I do, you won't have any idea of what the hell I am talking about. Yes, BIG TIME copying.... some people are copying work that others are trying to make a living from or have had an idea and put it on their blog and someone else runs with it. And then says it is 'their own work' ~ huh? 'scuse me?
so just what does copyright mean? Do you have to buy a copyright or can you copyright something by just saying 'this work is copyrighted' ? to me - it doesn't matter which way I look at it - if you don't come up with the idea in the first place - then its not your idea and you should give credit & thank the person for inspiration ........

21 comments:

Naturegirl said...

Oh no is that going on! I must be spending too much time at the beach!I seem to be missing out on seeing this naughty practise.tsk tsk.
Robyn I think of you while collecting shells on the beachs while vacationing..hugs NG

A bird in the hand said...

Copyright is automatic if the pieces is actually yours. I've written a lot of articles that were published, for instance, and copyright is automatically mine. Now -- if one takes chunks of someone else's article and sticks it in theirs, it's actionable.

Everyone is inspired by everyone else, which is natural. Look at collage: it's as old as the hills, yet people think it was invented a few years ago with the emergence of books by collage artists. Also artists give classes and the students go off and make their own pieces; unfortunately they make copies rather than use the techniques and methods to come up with their own style.

I believe if you **copy** an image/composition/artwork to the extent that the two works look pretty much the same, you're infringing copyright. But if you're inspired by a piece, an idea, then **make it your own**, that is, put your own slant on it, that's legitimate.

xox

Lisa said...

I am constantly inspired by others on the internet and in books. I often worry about doing this myself and end up driving myself crazy trying to be original.

I think what Colette says really nails it.

I do think it is completely proper to give credit where credit is due.

KaiBlue said...

If I used an idea found, like Dotee's dolls, or one of yours..I think using the words..
*Created in the style of Robyn*
*Inspired by Dotee*
*Original inspiration from Robyn* etc, works well..
But what about ATC's for instance, we all create them but are we just copying the ATC card, or creating an inspired artwork on a blank canvas..or going to a site like spirit dolls for inspiration in the dolly swap? Do I note every source including a picture looked at? a note jotted down?
I don't post about 60% of my art work or designs because I don't want the ideas stolen and that's a shame..because I love to share!!
I've seen blatent copies of folks bits n pieces, but hopefully the artist has enough talent to create something unique..everyone has to start somewhere..
Copying is one thing, you learn that way..
Selling it as original is quite another, that's lying.
just my 2 cents..
PEace n luv, Kai.

Heather said...

I agree with what 'a bird in the hand' wrote. Imitation is the greatest form of flattery but only to a certain extent. There is a certain style of pin cushion that lots of people make and sell on Etsy and they each make it their own with the fabric they use or the buttons that they choose but are they infringing on the copyright of the fabric pattern designer by making a profit from something made with it? The question is a really complicated one.

Lila Rostenberg said...

I think Colette has the right idea!
With some cultures and coutries not recognizing copyrights, I've seen local original crafts later mass-produced and sold in discount houses. It all goes through a cycle.

Lisa Oceandreamer Swifka said...

This subject often gives me pause, especially showing something or somethings I have done. There is SO much out there now in the art world, on blogs, on websites that sometimes the lines blur on whose really is whose (in term of design ownership). sadly I have drawn,sewn or created something I did not show right away..only to find someone else had the same similar idea and showed theirs. That becomes a dilemma because I won't showcase it as now it looks as though I COPIED when in fact we just happened to have the same basic idea, and theirs went public where mine didn't. It's happened in person too, I've gone places where I have seen something so similar to what I've made and thought "I may as well scrap it, someone else is selling THEIRS"...then I think mine is just as valid. So it's a conundrum as to where the line is drawn sometimes. I especially agree with Colette's last paragraph.
Just my 2 cents too.
XOXO

Suzie Ridler said...

Oh Robyn, I hope you felt I didn't steal your copyright with the pendant I made! That's why it was a gift.

I thoroughly believe you can be inspired by other's idea but you must make them your own in at least 3 ways to call if your own. That's what I do with recipes. If I've changed 3 elements, it's mine. I don't know if that's legal or not though. Oh dear.

hollibobolli said...

Are you talking about images, text? There was a huge debate on that website when the people took my pictures and morphed them into - well, you know - and reposted them. They're still online. I'm still upset - but my attorney still wants me to just keep my mouth shut.

There are so many websites that you can read about this issue. If you want the links - I think I've bookmarked a ton. You need to add a copyright to your blog too. And just pay the $40 to copyright your images.

Daisy Lupin said...

Robyn, the above comments are really interesting, especially Kai who says she does not show all her artwork. I am beginning to think she is probably quite right. I have had probelms with something I have made, and I am pretty sure the person, knows what they have done, don't worry anyone it is no one that comments on my blog. I sort of feel now, that if I come up with an original idea I will stick it straight onto my Daisy Lupin Designs site, and then if I see someone flauting similar around after that date I will probably tackle them. It is a shame, and I do agree we do all inspire each other but inspire is not the same as copy. I have seen on another site some real rip offs of is it Katie Kendrick dolls, without any nod towards her as designer. It takes my breath away. I find Bird in the Hand's comments interesting too.

Annie Jeffries said...

I think Kai suggestions of noting that something is "created in the style of . . ." is a good one. We are honoring that which inspires us, not mass producing, and giving credit where credit it due. I love Lisa's plates and mugs. I'd like to do that sort of work sometime but I would never dream of copying her style not to mention that I have a very short attention span.

gma said...

Often I'm inspired by anothers work....a portion of that might be included in something I'm doing. There's a book called No More Second Hand Art (which is about using others ideas) I really want to be original.....but some things are so cute ya just want to tweek it a bit and try it!!!! NO NOT COPY!

paris parfait said...

Robyn, go to Creative Commons (link on my website sidebar) to learn more about copyrights and put the buttons on your site and copyright your own work. Yes, alas there's a huge amount of copying going on, particularly with photographs and art. It's annoying and infuriating and until there are more laws to protect bloggers, it's going to remain an issue.
BTW, will you please email me your address again? I've lost it. Merci! xo

TJ said...

From what I understand everything written or viewed on your blog is considered copyrighted...I felt bad for the longest time because I used images from allposters.com until I found out I could be an affilliate and am now free to use them...
as for creativity...I read somewhere never to be shy to do something someone else has already done of written about because you always will add a eunique touch that will make it different from the rest...
:-D

J C said...

I'm thinking the copywrite infringement happens when you copy exactly, or a very close look alike, someone else's work, then sell it. As long as you don't take any money for it, you are not breaking any laws. If you pass it off as your own idea, even if you don't sell it, it's unethical, but not illegal. I'm talking about EXACT copies. I have not seen any of that going on in the blogs I've visited. Guess I'm missing something.

Pam Aries said...

Hmmm... I am going to have to look up the copyright site that Paris parfait mentioned. Someone mentioned the copying of Katie Kendrick's dolls...but ... SHE has a tutorial on how to make them in CPS! and it doesn't say copyrighted!....Violette had a tutorial on Spirit dolls and I made a bunch of them. So WHO copied?

peppylady (Dora) said...

When I took some ceramic classes they had a little bit on copyright basically the mold company didn’t want us to reproduce a mold.
But also at those classes I learn if it’s more then a 10% change you then have a complete different item.
How many different companies make clocks and between the companies they should be more the 10% between the clocks of each companies.
But I think not sure if you profit from someone else work it illegal but if they don’t have it patent it hole different ball game.
Now here anther thing if a person sales a register trademark item such as Disney they are pose to give a royalty to company and correctly represent the item.
I’m not sure exactly how long a register trademark is good for. I have a mold to a Porky Pig Cookie Jar.
But laws changes over the years

Pear tree cottage! said...

Robyn, while I understand all the concerns and the rights of others I do at times fail to see were it will go all this copy right on recipes and artistic art and the like.

If I found something I loved of anothers I would try very hard to produce one similar possibly different colours etc. but I think the honour is in the copying of the anothers beautiful art.

Each day on the tv or in the shops they incourage you to copy the path others lead or idears others put out there even in shows like makeover shows they copy "the look" without the costs.........so were will it all end, and who is wrong and who is right?

I think in saying all above I would prefer to ask is it ok! before I copy in the true sence.

Interesting subject.
Lee-ann

lizzzzzzzy said...

Go with what your heart tells you. I think we all strive to be orginal. But when I look at other blogs, ATCs altered books...they look similar. I once had an idea for Fruedian slippers, with his face as the slipper and his mouth were you put your foot. I never did anything with the idea except share and laugh about it. A few years ago I saw MY IDEA in the back of the NEw Yorker magazine. jONly they did not do it right, with the mouth as the opening. So now what do I do with my idea of Tupper Ware coffins where you burp in the freshness? LIzzzzzzzzzzy

kansasrose said...

Oh my I hope I have never done this...I do admire many artists works and it would NEVER be intentional or I would never blatantly copy or claim anothers work as my own...I had to put a creative commons deed on my blog a year ago for this same reason...there were a few people that took some of my writings and tried to make it theirs on some farm/prairie stuff...and some drawings I did! I still see a few inklings of this with a group of people I used to be associated with but since I put the copyright on it hasn't been as bad...I always try to be original...Imitation is supposed to be the highest form of flattery but it really gets under my craw when people copy others work...give no credit to the owner or artist and then try to SELL it! That gets me going! I could go on and on and I know certain "lurkers" watch what I do on my blog and take some things and run with them but there isn't much I can do....I had a quote of mine used in a BOOK for heaven's sakes!

Jill McDowell said...

This has been an issue with me every since I started Bittersweet. At first it really upset me when someone would copy my work.

Now after ten years, I have come to accept it. It happens, and it happens more often than you think.

Nowadays, I consider it a compliment, and try to look at it in a positive way, otherwise it will eat at you, and that's not healthy.
So, trust in the above, and take it in stride, and you'll come out a true winner.
Jill 00