I was going to leave this for “The Cracked Bead” (www.beadedbear.com) but decided to put this on my new blog. What the heck. Besides, spewing my wacko thoughts here gives you the opportunity to chime in too. Let me stir up some controversy, and ruffle some feathers right at the start. Who really cares about what I am doing on a day to day basis (I just don’t get the Face Book thing with everyone talking about every bowel movement they have). Do you really think I am afraid to take a stance? Even here where you can throw putrid cyber – tomatoes at me? NAH!!! Not me!! I hope you will enjoy(?) my new way of continuing with “The Cracked Bead”.
First let me get some disclaimers out of the way. I am not an attorney. I do not give legal advice. Even when I am paraphrasing an attorney, do not take it for legal advice on any level. Consult your own attorney if you want a solid answer on an issue. I can give you a referral if you like. If you are going to quote my writing as legal advice, do not read on, OK?? Agreed? Then read at your own peril. Also, I am not naming any individual or big business. Any likeness is to an individual, or a company well known or otherwise is done by your own leap of faith and your own imagination. I am not naming anyone. Don’t even ask who I might be writing about.
I belong to a website where I sell some of my beadwork, as do many other artists of various disciplines. It is a nice site that has some very nice work. Anyone can see it, anyone can buy from it, and nearly anyone selling handmade items can sell there.
One of my fellow sellers came all unglued not too long ago. And I don’t blame her in the least. I would have too. I might have dug in my heels a bit more and argued the point on principle if not the shaky legalities, but she understandably succumbed to the demands of an entity much bigger than herself, indeed much bigger than most of us lowly types.
A large behemoth publication contacted her and like a nasty cobra struck at her with venom in its fangs. “YOU ARE IN VIOLATION OF OUR COPYRIGHTS” it snarled. “Read section 18476 paragraph 987, subsection 39, sentence 20. It says you may look at said article only. Do not even try to make the project”.
Ok, I exaggerate a tad, but the message was clear. DO NOT EVEN THINK OF SELLING ITEMS MADE FROM THIS PUBLICATION. YOU ARE GUILTY RIGHT AT THE START. DO NOT EVEN TRY TO PROVE YOUR INNOCENCE.
It never occurred to the writer of the email from that behemoth publication that perhaps this person had permission from the designer of the project to sell the item. It never occurred to the writer that maybe the best way to handle this situation was to contact the designer FIRST to ask if it was ok for the crafter to sell this project made (and somewhat altered, AND having given credit to the designer in the description). No, my fellow merchant was guilty until proven innocent. I am sure that once the behemoth publication publishes the directions to a project, they own it lock stock and barrel. Perhaps even the designer needs permission to use her own article.
Sheesh….an armed robber gets better treatment.
This poor lady was so upset. The wrinkle in the whole thing was she DID ask permission from the few designers whose projects she worked up. And each said “yes”.
But oddly one Designer just couldn’t remember giving “permission”. Convenient, don’t you think….. And apparently this Designer was a vocal protester regarding the use of her designs. Perhaps this Designer was the thrust in this ridiculous situation as I can not imagine that the originator of the email alleging a copyright violation trolling around looking for things like that.
Luckily my fellow seller kept the email with the express permission to use the project in the manner in which was used. But apparently that did little to jar the memory of the Designer.
Being a Designer myself, with several published books, more Magazine articles than I can count (even though most were in a now defunct Magazine that few seemed to read), plus selling my own designs in numerous outlets I can understand the pitfalls of giving carte blanche to crafters to do what they wish. If you have read The Cracked Bead, I am sure you remember my most memorable events concerning “identity theft”. But with that said, I can’t help but wonder…JUST WHY DO DESIGNERS MAKE THEIR DESIGNS AVAILABLE??
Ok here is why and why I think its bunk.
1. YIPPIE!!! I am published!!
So what! You have gotten your $200-$300 for your article. Just how many people really remember your name anyways, unless you are one of the current darlings of the craft world you belong to.
2. WOW!! Now I am with the “IN” Crowd! I am right beside Gertrude Hotshot Designer. I have arrived!
Sure, and if you share the same public toilet with Gertrude, you might even get to sit in the same stench. Really, get a grip. It is NOT as glamorous as it seems. And who really cares? Maybe your family and a few close friends will share your excitement, but after an issue, much like bad Chinese Food after an hour, the memory of it will be in oblivion.
3. Now I will become a teacher in High demand!
Maybe. Maybe not. Maybe no one will really care to make your project. I still remember one memorable cover on a publication that EVERYONE claimed the project looked like psychedelic excrement of a 4-legged animal. NO ONE wished to do that project. If they do wish to make your project, and if it is well written, then perhaps they won’t even need a teacher. Being published is not a guarantee of anything.
4. I LOVE sharing my discoveries!
Hopefully this extends beyond the printed page, and you will allow someone to actually make the project and DARE I SAY IT?? Sell an item made from your directions.
I think it is a rare beader who does not one day hope to sell an item she made. Most beaders are not designers. Thankfully so, otherwise I will no longer have the bulk of my business. I understand this, fully. In fact, I EXPECT it. I do get many emails from beaders who go through the trouble to ask me permission. I am always touched by this. I have always said yes with minor conditions, or more aptly put, hopes:
1. To give me credit when possible. (this was another topic in The Cracked Bead)
2. Not to have a booth/online store with only my designs, or to mass produce in any way.
3. To ask a price that is reflective of both of our talents, and to honor other beaders who try to make a living with their art, so as not to undercut us with third world prices.
In an article that I co-wrote with a prominent Copyright Attorney many years ago, we covered sales of items made from a publication. He stated that this should be expected on a small level. The so called “pin money”. To have a project in a publication, this permission is somewhat implied despite wording to the contrary. It is the degree to which this is done that can be challenged. One person selling a few items from a publication or two, giving proper credit should not, in my humble opinion, be in the cross hairs of a bazooka gun, threatening death, no matter how polite the death threat may be.
Further more, the projects in question in the scenario above, could arguably have been called a “technique” or a “method”. Neither of which are copyrightable.
In my opinion, the main problem is with what the internet has become. Its fingers are long reaching. It is possible for you to sell items worldwide. It is possible for many people to sell the same project in numerous websites with high visibility. Gone are the days when the likely person to sell a craft item made from a publication were limited in reach, and in visibility. Because of this, I can understand the stance of the behemoth publisher and the panic of a possessive, insecure designer. You gotta put out the fire while it is small, and controllable.
But for me, again, I have to say, to some degree, I do expect that beaders will want to make items from my patterns and others available and sell them. If I do not want to risk the chance that this activity with my items will occur, then I simply will not sell the pattern/article.
For those of you who wish to make and sell items from publications of any type, please do ask the designer. Keep that written permission. You will never know when you need it. And if that permission is not given, voice your unhappiness the way any consumer would. Don’t buy it!