Design Copyright, Age Old Problem

Blue Planet Wire Wrapped Bracelet

Blue Planet Wire Wrapped Bracelet

I am sure many of us artisans have experienced this unnerving experience but I just had to share this story with everyone.

As many of you know, I recently was a vendor at the Pasadena Bead & Design Show July 30-August 2, 2009. I purchased the band agate beads and sterling silver overlay center bead from a bead vendor at the show. After purchasing the beads, I made this bracelet that evening in my hotel room.

The next day, I proudly wore my new bracelet. Eager to get opinions, I asked my friend Becky of Becklin Bead Designs what she thought about it – she loved it – and Lis and Jules (one of my best friends and my daughter), loved it, too!

Blue Planet Wire Wrapped Bracelet

Blue Planet Wire Wrapped Bracelet

Well, then I made the mistake of showing it to another vendor who I had been chatting with during the slow times of the show. She (I will call her A) and her partner (I will call her B) also loved the bracelet and thought the combination of the beads was stunning. B asked, “Where did you purchase those beads? Did you buy them here?” And me in all my honest stupidity answered, “Yes, I got them from the vendor at the end of the hallway.” Then A said, “You know, we sell kits and we teach classes in our bead store. You should make a kit and write a tutorial and we will buy kits and tutorials from you and teach the design in our bead store. We have a wire instructor who can teach it.” I thought this sounded like a great idea! After all, they are stringers, not wire wrappers……

Blue Planet Wire Wrapped Bracelet

Blue Planet Wire Wrapped Bracelet

Reality smacked me upside the head when later during the day, I heard B say to A “I talked with him and told him to put all those beads aside for us and he said he would and he also opened a tab for us until the end of the show.” Well, there goes the kit. Maybe still hope for selling tutorials to them?

Not a chance. B actually had the nerve to come up to me the next day and ask “So this coiled part of the bracelet, can you tell me how you did this?” I was BLOWN AWAY that she had the nerve to ask me that. “No, I am sorry, I cannot. This is a technique that I developed and I am not willing to divulge the information.” Someone please tell me why I apologized to her?????

Jodi Bombardier's ORIGINAL DESIGN!

Jodi Bombardier's ORIGINAL DESIGN!

Live and learn.

The story gets worse. The next day I saw her with a sketch pad and she was drawing other designers jewelry.

And the story still gets worse. I was standing, weaving a bracelet and I looked over and her eyes were GLUED on me, sketch pad in her lap and pen in hand……….

I am sure A and B are bright enough to never post this bracelet on the internet but if you are ever at a show and see this bracelet and I’m not there, you have met the person who RIPPED ME OFF!

Have you encountered design rip off? PLEASE POST YOUR STORIES!!

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25 Responses to “Design Copyright, Age Old Problem”

  1. Donna Smith says:

    Oh that is so sad and they were so obvious about it. I am so sorry that happened.

  2. First, let me say your bracelet is very lovely, and I particularly love that funky star-shaped bead — it gave me an idea that is about as far from your bracelet as pudding is to motor oil.

    Secondly — have you considered writing to these people, and copying your lawyer, or your accountant?

    Thirdly — yes, I’ve seen it. I had an ex-friend who used to do this all the time — collect photos online and gleefully say she was going to copy them. Then she flipped personalities or something and accused ME of doing it. It was like Sybil. Needless to say, we no longer talk and there’s a restraining order in place.

    When it comes to stringing (which is mainly what I do), it’s easy to make very very similar things without a bit of knowledge of someone else doing it, particularly when a magazine features a cool new component. What you dealt with, however, isn’t the case.

    What I don’t understand is why they offered you the tutorial deal (which was the right thing to do) and then basically ripped it out from under you. I’d encourage you to email them and ask them why, and what happened. You deserve an answer, if only to have a copy for future issues.

    I also suggest you send this in to Step by Step Wire magazine for Gallery or tutorial consideration. Get it out there as your original. And fill them in on the issues — they probably have good ideas, too.

    I wish you all the best, and am interested in seeing how this turns out. I’d like to see the other party make their comments known.

    • I write for Step by Step Wire regularly. Submitting it to the Gallery is a good idea. I will contact Denise. Thanks for that idea! I am going to write the tutorial for the bracelet before the end of August and post it on Jewels By Jules, Jewels By Jules Artfire and Facebook.

      I should add in the story that it was the woman I called B who was the cutthroat, not A. B seemed to be the controller. I have no desire to communicate with B or do business with them – she is slick and I can just imagine her reply “We changed our mind and are not interested in your tutorial or kit any longer. We decided to stick with stringing.”

      I have had several artisans voice interest in the Blue Planet tutorial and kit so I will post when it is available!

      Your story sounds scary weird. Such a bummer that people do this :(

  3. Misti Murphy says:

    I’m so sorry this happened to you! I’m going to be on the lookout!!!

  4. Christianne says:

    Hi Jodi,

    I am so sorry this has happened to you!! And to think they even ask you to give the secrets away without any form of compensation. That is stealing!
    I hope they never figure the wrap out, people like that are no artists because artists make things with their heart and soul, not by stealing.
    If I make something that has been done before, I do this to learn and if I want to sell it I ask permission from the original artist, but usually I keep it for myself. I dont like copying, I prefer to add something of myself in it and make it my own.
    I have never had a jewelry design stolen from me, but I did have a story I wrote stolen from me once……I had it allmost finished, it only needed beta-ed. A ‘friend’ promised to read it for me and take the mistakes out, she had done that for me before and I did the same for her, but this time apparently she loved the story so much, she not only got the mistakes out, but posted the story on the net in her name.
    Off course the friendship was over very quickly.
    This happened about 14 years ago, but I still find it hard to write and let others read it.
    Dont let this ruin your love for jewelrymaking, like it did my writing.
    Writing was my first love and I still need to do this, but I dont enjoy it as much anymore.
    Jewelrymaking is my second love and I can pour my heart in it, but it is not the same….. dont let this happen to you!!

    Christianne

    • Oh, Christianne, you should write again! No, this does not dampen my spirits for making jewelry. It feels good to have posted the article and to read everyone’s stories – obviously it happens in all areas of creativity!!

      • Christianne says:

        I do still write, I just dont enjoy it as much anymore. Before this happened, I was so proud that people loved my writing, they commented me and begged for more, for sequels. I poured my heart out in my stories, my characters were a part of me. My stories were me.
        When I found out my ‘friend’ put my story online and I read the comments she got for MY story, and her accepting them, thanking them like that, it broke my heart. Of course I was 16 and hearts get broken easily then.
        Now my storys miss that heart that they once had. I have to write, or be creative in one way or another, because if I dont do that, I get massive headaches and I start dreaming. It drives me crazy litterally.
        I dont have much time for writing, making jewelry is a faster outlet for me, but it doesnt work as well as writing.
        About a month or 2 ago I allmost got too far in not using my creativity and it drove me mad, I hadnt written anything in years, and no time for making jewelry, only work,work,work.
        I am on track now, I still dont have much time, but I am trying to spread things better.
        This is why it is so important to not let this get you down, I am glad that posting the article helps you get over it. Losing the love for creativity is very damaging for an artist, even if someone doesnt react as strongly as I do, it still is a very important outlet!!

  5. Kelly Hutchison says:

    To my knowledge, a jewelry item itself cannot be patented…only a specific process e.g. the wire coiling, altough, I’m not certain of this. This is true in the fashion industry.

    Whenever I am asked where I purchase my supplies, I either give a direct answer of “I cannot reveal my source” or “I can’t remember…I’ve had these beads for years”.

  6. Chris Mayer says:

    Jodi,

    I’m really sorry that happened to you. As a still learning artist, I try my best to put my own twists on the various tutorials that I’m following so that I’m not copying someone else’s design. I do find myself being influenced by the other artists I see, especially the JewelryLessons folks, so I understand that copies happen. But to do it so blatantly and purposefully is tacky and awful (among other harsher words).

    That said, I love that piece and would love to see a tutorial to see how you did the coiled wire. That’s something I really would like to incorporate into my own pieces one day.

    • Chris, when I write and sells my designs in tutorials, I expect to see that designs pop up here and there. My hope is that the artisan gives me credit and this has primarily what I have come across – I am given the credit for the design. I have also come across, as you said, a new twist on the design. I love this! I love to see how another artisan takes one of my designs and tweaks it – this leads to more creativity for everyone!

      Tomorrow I will blog about a GOOD STORY that just happened to me LOL!! I wrote this to remind everyone to be aware that it happens and sometimes in really unpleasant ways.

  7. The cost of protecting intellectual property, such as jewelry designs, is so high that it makes economic sense only in the cases of large production runs or very expensive jewelry, when millions of dollars are at stake.

    The emotional cost of being copied and “losing sales” easily avoided without any economic cost whatsoever. Do not think of the design as “yours”. Nothing is yours.

    http://barkingunicorn.wordpress.com/2009/07/15/a-bird-in-the-hand-is-not-yours/

    • Great point! I lost potential sales in tutorials/kits to this one vendor but really, who is my market and who is hers? I know where she lives, nowhere near me, and of course her market is different than mine.

      It really boils down to this, in my opinion: It is sad that there are people out there (who call themselves artisans) who cheat but hey, this has been a problem probably about as long as their has been humans!

  8. Linda says:

    I used to own a business with a product I developed. Doing a big trade show I saw a competitor hanging around my booth. I was using a high quality fleece & all my own designs; they were using cotton flannel. Next trade show they were using same fleece as me, even same prints. The next trade show I did I introduced a brand new design, a darling fleece teddybear. A woman kept picking it up & looking it over; when she turned around I saw she was wearing an Exhibitor’s badge. You guessed it…same company that ripped me off before. She even said that her sister-in-law who ran the co. had made one also but just a round head! Mine was the whole bear; the woman said she liked mine much better.
    Yep, next time I saw their products…they had made a bear similiar to mine. I had trademarked the name of the bear but sadly even if you patent it…a couple of changes & your patent is no good. There can be times when two people come up with a similiar design but when it’s as blatant as what we’ve discussed with your bracelet, etc. there’s no doubt it was copied.

    • Really similar story! Yes, Linda, well at least we know that we came up with the idea originally and to get the word out just really, for me, makes me feel a bit better about the whole thing. I hear you on copyright and patents – we can only be protected so much and the expense can be completely cost prohibitive.

      On a recent trip to NYC, I saw several street vendors stamp their jewelry with “Tiffany & Co”. I should have paid closer attention to see if they changed one little thing in the stamp from the original Tiffany stamp. That would be my guess, making it legal for them to stamp their jewelry as such.

  9. Diane says:

    Dear Jodie, i have seen your designs on the jewellerylessons site, just before i make my comment i have to say that the bracelet is lush and i love your designs. I especially love that big bead in the middle very unique, I love wire wrapping its my passion, ive tried beading but i have never been successful in beading a necklace or bracelet for some reason they are either to loose or to tight. I think its horrible when someone steals your idea.

    I have spoken to my partner about this on many occasion. He owns his own computer company and builds software for banks and foreign exchange. i asked him why he didnt patent his ideas and he said if you patent something you have to submit every single detail about your idea, what wire you used, what bead, how you did it, what you did to what and so on so that in the end the information was out there for everyone to see once it had been patented. Which means that anyone can come along steal your idea and then you have to see that idea to be able to take them to court. It didnt make one jot of difference patent or not people will steal your ideas.

    I use the jewellerylessons site a lot because im a novice but i always try to put my own slant on the things ive tried from that site and my sister and my daughter have had lots of pressies fromn the things ive tried to make. It has been a god send to me because we dont have any jewellery classes anywhere in my area and its over 100 miles round trip to the nearest class.

    Dont let the buggers get you down, but definitely say its a trade secret if they ask, i know how easy it is to get caught up in the moment because you are so happy with how things turn out but thats what those leeches want.

    Have a great day, kind regards diane

    • Thanks, Diane. I checked into patenting my ideas years ago and I am very familiar with the process and I agree with your partner.

      You know, this afternoon I was thinking about this on all levels – how do professional musicians feel when their music is bootlegged and copied….seems like this pales in comparison or does it? It is the same principle where someone steals from another. I guess the best thing is that we are aware of it and do out best to protect ourselves, like posting articles about it and posting our pictures!

  10. Jill says:

    I think I might also address the organizers of the show. Shows have rules. The organizers get to make the rules. Such as, no photography or sketch books allowed. If A and B were that blatant it is highly probable that other artists may have complained to the organizers and you should join your voice with theirs. At minimum, that pair should not be invited back. It might also be appropriate to contact the vendor who sold you the beads, let him know that you are publishing the piece in Step by Step and that you would like to name him as a source but are unable to do so because he was complicit in the rip-off scheme by A and B. And when you title yours for publication, use the word “original”, and even say in the description that it has been a source of inspiration for others who have wanted to duplicate the look so you are sharing it with everyone.

    And, yes, I have heard of this happening to others as well.

    • Hey Jill, a couple of other people have suggested I let the show organizers know and I actually thought of that while I was at the show. I did tell the vendor I bought the beads from that another vendor were copying my idea. We both know that this topic has been discussed on JL and I really wrote this to remind everyone that (a) it happens and (b) let’s all talk about what we can do to fight back. I greatly appreciate everyone’s input and I hope this topic is something that everyone can keep in mind for when it happens to them because at some point, it probably will.

      Has anyone ever copied your beads?

  11. elizabeth says:

    It’s such a shame that copying is so rife within the art industry in general, but especially with jewellery making. I think some people think that because they CAN copy, they SHOULD copy, and don’t use any restraint and/or feeling towards the original designer.

    The trick in designing is to observe, get inspired by and emulate designs that you like, but NEVER copy. Make transcriptions, use similar colour schemes or materials, but always put your own stamp on the design – they come out much better that way anyway!

    Among the ‘jewellery community’ Everyone is in the same boat when it comes to designing and making, and it’s quite sad that some people don’t realise that fact and exploit people’s ideas and good nature by copying. I’m sure THEY wouldn’t like it if their ideas and insights were simply taken from them without permission.

    Person A and B seem manipulative and just downright lazy, thinking that stealing is better and easier than doing the hard work themselves. Their comeuppance will come in time; you can’t live forever on the ideas of others.

    It’s a real shame that honesty and trust are sometimes punished rather than rewarded. Your approach of ‘live and learn’ is the only way in this case I think – just take more care over what information you give out for free, and who you give information to. Be economical with the truth: keep some answers to “yes” or “no”, instead of specific “how’s, when’s, where’s and why’s” until you know more about who’s asking. If they are genuine, they’ll still pursue the answer with vigour, if not they’ll give up because they are too lazy.

    After all, with caution, trust and honesty Will be rewarded in the end, and you’ll find business partners to collaborate with rather than be wary of.

    Maybe do the kit idea yourself – acquire beads and components and write the tutorial, all without the help of someone else. It’ll be far more rewarding to do it yourself, and you’ll know that no stealing was involved!

  12. k says:

    It is a shame that these things happen. In this case it is definetely a bad thing that happened.
    But this discussion makes me feel bad, too. I make jewelry for myself, not for sale. You all complain about being copied as if it was the worst sin on earth… It is bad indeed. But if I try to redo a piece of yours, because I myself want to wear it – is this forbidden?
    What is wrong with liking a design? If there is as tutorial for such a design then I buy it before doing it, but sometimes there is no tut – or it is obvious how to do it.

    I somehow feel like a criminal reading all your comments.

    • What you are describing, in my opinion, is totally different. You are not selling what you make but keeping it. You are not publishing it on the web or selling it at venues and presenting the jewelry as your own idea.

      The complaint in this post is when another artisan copies a design and does not give the original designer credit but rather takes the credit of design for her/himself.

      I am currently writing a book. One of my designs in the book stems from another artisans bracelet. She is a friend of mine. I emailed her a picture of my bracelet. She emailed me back and said she loved the bracelet. I then emailed her back and told her I got the idea from a bracelet of hers. She saw the correlation between the two bracelets but she also recognized that my design implemented a different technique and it looks much different than her design. I asked her for permission to use my idea in my book while giving credit to her in the book, that her bracelet inspired me to design my bracelet. The book comes out in November 2010……

  13. Arriel says:

    Jodi – the same thing happened to me last year and coincidentally they were also owners of a bead store in my town. I went in there to buy something and one of the ladies complimented me on my crystal necklace, asking me where I got the supplies from. The next time I went back in the store there was my necklace (not as nicely done) with a big fat pricetag on it hanging in the window – for sale. From that point on I make a point of never divulging my sources or techniques to anyone – they can buy my stuff if they like it that much! BTW – I recently saw a design on Tiffany’s website and saw a very similar design in an on-line market shop which was almost identical. I wonder if that person was trying to rip them off or was it just done unintentionally? Sooner or later these people always get found out. Originality wins every time so just keep on keeping on!!!

  14. Michelle says:

    Jodi,
    What an unpleasant experience for you to have had w/your design. It’s unfortunate that things like this do happen in our industry.

    I have a rather ‘reverse’ story to share. I was trying to create ’seaweed’ or ‘knot’ type jewelry for a gallery show that I was asked to participate in and started coming up w/what I thought was some pretty cool little knots and ’seaweed bundles’ (the theme was a sea/water type theme).

    I proudly made them and we had our gallery showing and I got lots of compliments. A month later, I was at a book store and was leafing through a jewelry book I was about to purchase (by Kathy Frey) and there, amidst her pages was my (what I thought was mine) little seaweed/knot design – well, very similar anyway. Her technique was much more organized than mine! LOL!!

    I realized that she had obviously come up with this little weave/knot thing LONG BEFORE I HAD because her book was published and for sale, and we all know how long those things are in the works before they actually happen. I felt awful! Did I perhaps see this in a magazine, another book, online, where? And, had my ’sub-conscious’ just picked up on it or what? I pulled my pieces out of the gallery that had that design and took the ones I had for sale on my website off as I didn’t want to be accused of ‘copying’ any ones original designs.

    I then proceeded to search online for designs using this knot type technique and I found tons,….and tons,…by several people. So, was everyone copying her design or just creating something similar and putting their own ’spin’ on it? Or, was this some universal design thing (like an earring wire/hook) that is used extensively through out the wire wrapping industry that I was just clueless about? I never found the answer to that questions when I searched either.

    Since then, I have also seen a ‘hap-hazard’ type wire wrapping on several websites that I use on a few of my “Urban Chaos” pieces – but I try not to put too many of my designs w/that technique out there, as I am not sure it’s just something we all just stumbled upon while creating and thinking up fresh ways to do things or is it someone’s copywritten work?

    I believe that if you know who really did come up w/the original idea of how to wrap a piece of wire, you should give credit where credit is due, but if you cannot find out, after researching it, or are pretty certain it’s a ‘world wide technique’ that’s been used for years then you should mention that if you can.

    I have an earwire design that I have yet to see elsewhere – web, store, book or anywhere – but I’m not sure I can copyright it because it’s an ear wire and those are basically universal since they’ve been around since we’ve been putting holes in our ears, and I don’t want to chance it and find out the design I thought I came up with was done 20 years ago or longer by someone else.

    It’s like coiling wire around another wire and then wrapping that around a bead – is that some one else’s technique that is a copyright technique that I shouldn’t be using? It’s so widely used in all wire-wrapped designs that I have no idea, but for some reason, I don’t fee bad using that technique because it just seems like a natural way to wrap things. Should we all be giving credit to whomever first did this? I can’t find who did this, but would definitely state it, especially in the classes I teach that have this wire coiled around another wire technique.

    It truly seems like a very fine line in handcrafted jewelry that’s getting really hard to understand and to abide by and one I think of constantly when I create. I try to come up w/totally unique ideas or very universal things that are just ’standard’ so as not to take anyone’s original design or technique away from them.

    However, on another note – the lady’s who walked around your booth and others w/sketch pad in hand….why not just announce your going to “rob the bank” prior to the robbery!! Now that’s just not polite, professional or ethical in my book! Shame on them and good for you for doing all you could to protect your weaving technique!

    • Right, Michelle, it’s not about who invented the “wheel’ but it’s about your design idea. This person who copied me actually had the NERVE to ask me specifically how I coiled the bracelet. Okay, I did not invent coiling and there are probably lots of other designers who use the same technique that I do but I have never read it anywhere. Really my entire point of the article is that we get copied and it feels CRUMMY when that happens. Learn my technique (or someone else’s) but for goodness sakes, come up with your own design! SHEESH!!

      Now on the flip side, I am waiting for an email to get permission from someone to use her name. She asked permission to teach one of my techniques to her bead society class. If I don’t get permission, I will write an article without her name :)

      • Michelle says:

        yes – I cannot believe they actually asked you for specifics and then went and did what they did so blatantly. We all use very similar techniques in wire wrapping and you are absolutely right that we should try to come up w/our own original ideas of how to incorporate it into our own jewelry.
        Your work is wonderful and that’s why people want to copy it – but as much of a compliment as that may be – it’s still yours!!
        Good luck w/your article.

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