Sunday, January 22, 2012

ARRGGHHHH!!!!!!!!!!! Copyright Rears its UGLY UGLY UGLY Head

If you are not a designer who tries to make a living either entirely or in part, you might never fully understand the feeling of finding out someone is violating the copyright on your work. It is a sinking feeling at first. Then it feels like a knife driven in your gut. It makes you feel sick. Disheartened, totally violated and its enough to make you just say "to hell with it all" and make you quit. Why should a designer put all her/his hard work out to have someone profit from that effort by violating the copyright law and steal from us?

There are many things I accept. There are many things I turn a blind eye to. There are things about the copyright laws that I do not like, but I know that it is what it is despite what my fellow designers or myself would want it to be. If you have read my copyright series a while back, I think you know what I am talking about.

But this is over the top. It makes my blood boil. How can this NOT be a violation? A company in  India is making beadwork by the hundreds (thousands?) of copyrighted material. I have been around for a LONG time so I also noticed designs by other designers who perhaps many of you may not know/remember such as Veon Schunzel.

Sure, these designs may be old (back from the 1990's). The books may be out of print (mine is still available from Eagle's View Publishing) but that does not mean that the copyright has expired. It is still valid until 70 years after our passing away under current laws.

These earrings are massed produced in India. I don't think anyone can argue that this is not mass production. If you know me long enough, you know I never had a quibble about crafts persons making a few dollars selling at craft fairs, but I always stated "no mass production".

Then of course, insult on injury...notice the prices.

It's a sad day in my beading world.

I have written them an email telling them of their copyright violation and that I demand that they remove the earrings or pay me a license fee. I would be surprised if they answer me. If they do, I will let you know.

Below are 2 designs they stole. Both are from my book Earring Designs By Sig, published in 1992 by Eagles View Publishing.

This is the website:   www.wholesalebeaded.com


The Tutankhamun Earring on top right
is the one they copied/changed colors. But
bead for bead the design is the same


This is the dragonfly design. The
publisher did not include a photo
of this earring in the book.

15 comments:

  1. Oh Gosh....I hope that you can get some reward for this. Things like this have been all over the news. Foreign companies are mass producing lots of our things without care.
    I would also get in touch with a news agency as well.
    Caryn Joy

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  2. Sig, I don't publish designs, or sell my jewelry. I'm fairly new in the beading world. But if I ever get to that point, I am thankful for people like you that do stand up for the designer's rights, whether it is your design, or someone elses'. It is the "people who have been around a long time" who are more aware of what goes on, and are honorable enough to take a stand, and fight for the rights of all. Thank you.

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  3. I don't write patterns, but I know how wretched it is to find copies of your work, and I really feel for you. This is entirely disgusting. I wish I were a lawyer and could go to work on your behalf. :o(

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  4. You can get US Customs to confiscate these earrings as they come through customs. There is a specific way to lodge the complaint. Here's a link to start searching
    https://help.cbp.gov/app/answers/detail/a_id/272/~/ipr---owner-is-aware-of-%2F-or-suspects-infringers-of-their-trademark-or-copyright
    This is the same law that they seize counterfeit merchandise.
    Hope this helps!

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  5. Holy crap, Sig. I am SO sorry. I hope you can get them to stop this. :( :(

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  6. Yowza - that's unbelievably blatant!!!! Sorry you are dealing with this! I hope you can find a way to get this resolved.

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  7. Caryn,

    My reward would be just to stop it. Their main office is in India, but they also have one in VA. Lets see if they respond!

    Shirley,

    You have to stand up for what is right. This certainly isn't. I hope there is resolution,

    Marsha,

    Even if you dont publish patterns, someone can often copy designers work by looking at. Sometimes styles are copied. I am seeing that now with the sartouche jewelry that Dori Csengeri started years ago. How she must feel now with so many taking her style/invention.

    Joanne

    Wonder how that is when it seems much of what they get is sent to their VA location. I will have to look into it if they do not respond. Thanks for the info.

    Nedbeads,
    I hope so too!

    Amy,
    Yes it is blatant. It's not borderline like copying a geometric would have been. They are certainly my designs.

    Thanks all for your kind words and support.

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  8. I don't know why people think they have the right to make money by stealing from others. This world has gone completely wrong. I recognized a lot of those patterns even though I can't tell you who the designer is. Then to sell the finished pieces wholesale. That is completely wrong.

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  9. Marilyn,

    Maybe they think it wont "hurt" anyone. Maybe because they bought the book the design(s) came in and feel like so many do that they can do with them as they wish. This is a massive site with a LOT of beadwork that I suspect is stolen from many designers... sad....

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  10. Yeah that is pretty crappy and a real hassle as well. On the bright side I guess you can feel flattered that you were deemed worthy of imitation. Hope you figure out a good solution and get something out of it.


    Lee
    Wrote By Rote

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  11. Lee,
    I think most designers would agree, that imitation in this manner is not at all a form of flattery, but a slap in the face, in the same way someone coming to your house and stealing from you is not flattery of your good taste in your possessions.

    Thanks for the kind words though. I do hope it comes to a fair resolution

    Sig

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  12. I've actually found shipping manifests using google. It seems that some of the companies that provide custom clearing services have their information on the web. It usually requires searching 20 to 30 pages into the Google results. Search on the name of the company in India. I found some companies that import Matsuno beads this way.

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  13. Sig - How deplorable! Imitation is NOT the sincerest form of flattery - it's theft. I hope you receive at least some form of compensation, although I have my doubts about your being able to do anything to a company in India. Some of the other countries seem immune to the laws around copyright.

    I feel for you.
    :-(
    MaryLou

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  14. This is something I speak about to our bead and jewelry society all the time. Most don't know that just because it is in an old book or you bought the pattern that you can mass product them. It is stealing and I call it out when I see it. Sorry this is happening to you.
    Roxan O'Brien

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  15. Boy do I know what you mean. Here is a link that will help you:
    http://www.copyright.gov/help/faq/faq-infringement.html
    You can file a legal complaint with the FBI, they are clearly infringing on your copyright. Jamie Cloud Eakin

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