Copyright Infringement??

Kathy is on point. However, we get into the bigger issue of when something like that was first done. Roses are a common theme in Victorian times and it looks Victorian to me. It's a pretty piece and I have to agree the original colors do it better justice than the copy.

I appreciate your opinion, Cheryl. But I do disagree. I have been in the unfortunate position where a cease & desist letter did not stop an infringer. I needed to sue to get her to stop. Here is the pattern she copied from my website:

A basic monarch butterfly. She changed the colors and the stitch. However, the end pattern showed that the number of beads and their placement were identical to form the shape. She sold the pattern and taught classes using it. In otherwords, she sought to make a profit from something I had created. It took 10 minutes in judges chambers before he decided in my favor. All the money collected after the attorney fees were donated. So, no amount of color changing, stitch changing, reversing, percentage, whatever will change the fact that in the US, copyright protects against another making any derivative copy of your works. The only proof I needed to show was a printed copy of her classroom handout and a single letter from someone who paid for her class. Beki

She is self published. =o/

I agree. And while the topic needed to be deleted from the About.com forum because they were not interested in the legal issues, there are plenty of other places that are free to the public. This newgroup being one of them! =o)

The beading community may be growing by leaps and bounds, but that doesn't mean we still can't all stand behind each other.

Knowing how this feels first hand, I will not sit back quiety and allow it to just happen.

Beki

Beki, You are the one I've been looking for. I had gone all over looking for your page. Woo Hoo. I signed up for your newsletter so if I lost it I can find it again when I get one.

That's a very cool thing to know Beki. Laws are always changing because of what a judge decides. I'm glad it was in your favor.

Beki, you rock! I have always adored you!!

Carol in SLC Some of my stuff:

That's the same photograph darkened. You can count the stitches in each and see that it is the same photograph. The fact that the stolen image is on her website - that right there is copyright infringement. It's even worse that the photograph is being used to sell something that isn't their design. I don't know Charley, and I don't know the other person, but I do hope that Charley can get some legal recourse for this, because it's a pretty clear case, from what I can see. Thanks for the heads up, Beki!

Yep - we can support her monitarily as well. The more we patronize her store, the more money she has to fight this case. So if we need anything from

we should go for it! :)

Ack! You know, I just realized my mistake on the photos. :) Sorry!

I agree. You can see the stitches and count the similarities. There's no way someone could get that similar just by chance.

Hey Beki,

Betcey said to tell you she said hi! I met her at Bead Fest today. Very nice woman - and she was wearing a **georgous** necklace.

I *seriously* doubt that she has any original designs. I would bet money

wow -- careful -- that I do not think is true

I knew this particular beader BEFORE she every started selling designs - and she designed things for years before she was on the internet as she is today. I OWN some of her original ARTWORK and it is original. The hummingbirds and the other three dimensional works are her original designs.....

again - she may have been "inspired" by seeing one of Charlene's designs - and perhaps she didn't ever remember where she saw it.... but her design IS different... though "similar" -- it would be a VERY close call I can't say that I can sit down and count out every bead from either image -- but I do see stylistic differences in her version....

Cheryl DRAGON BEADS Flameworked beads and glass

Well, then, that's where I saw them before then! How about the tiger eyes?>but I do see stylistic differences in her version....

Where do you see a stylistic difference? I looked at them bit by bit and can't make out any difference in the design!!

(as my dd would say "not to be argumentative", as she argues to the death! LOL)

The Blessed Fiddy, Patroness Saint of the Disorganized LC in Sunny So Cal Personality Development Specialist (Full-Time Mom!)

I agree that it would not be likely to be judged to be a copy. Actually, the change in stitch and change in color give it a very different flavor. And even if it is infringement, all a copy right does is give you a tool to use in court. Copy right doesn't prevent anyone from using your thing. The question always comes down to, How much are you willing to spend to determine in court that it's your? And how much of your costs can you recuperate? There a slight chance you could get a big judgment but that doesn't mean you'll get any money.

I think all you can do is spread the word among enthusiasts and store keepers.

Tina

Hi, Beki,

If it were up to me, I'd say that she has a case but I'm not a lawyer although I've had years of experience in this issue relating to needlework designs.

You'd be surprised how much attention a letterhead from a law firm can get. It's expensive to protect copyright, the biggest issue is to make sure designs in the US are registered so that there is a legal record of the copyright on file, it means that you can claim for court costs in case you win. This is the link to the US government website that explains the benefits of registering copyrighted material.

-Su

vj found this in rec.crafts.beads, from "Su/Cutworks" :

]the biggest issue is to make sure ]designs in the US are registered so that there is a legal record of the ]copyright on file, it means that you can claim for court costs in case you ]win. This is the link to the US government website that explains the ]benefits of registering copyrighted material. ] ]

and it's $30 for each instance.

A good investment to ensure recouping your legal costs.

-Su

vj found this in rec.crafts.beads, from "Su/Cutworks" :

]A good investment to ensure recouping your legal costs.

well, yes - if you have only one design you want to copyright.

It's a business cost, and part of the whole expense of doing business. If you don't feel at risk then it's an expense that you may not find necessary, but in a case where there are going to be legal fees, then it shrinks in proportion to the rest, and will allow you to recoup those fees.

I've seen this many times, and in many cases a self-published designer has struggled to get any sort of satisfaction. There are hundreds of thousands of scanned charts out there that people have uploaded in the same way as music files were done, and the designers who protected their work are the ones who managed to get the ISPs to remove much of those infringing works.

It's part of the cost of doing business in the US, and if a designer is selling consistently, that cost is amortized over time to practically nothing per chart.

-Su