The Nora Corbett cross stitch fairy in today's 1-2-3 newsletter reminded me way too much of Lynn Nicoletti's delightful Thimbelina. Thimbelina hangs proudly on my den wall and she's innovative and clever and lots of fun. This one looks to me like a rip-off, but not quite. Is there some kind of law that states you can't use someone else's design and call it your own?
This is Nora Corbett's version:
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This one is Lynn Nicoletti's version:
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't look like a coincidence to me but I'm not very well versed on copy write laws.
Copyright doesn't really apply in this case, because you cannot copyright the idea of a fairy sitting on a purple pincushion.
Those two patterns have far too many differences to be considered infringing. Sure, there are some similarities, but how many different ways *can* you do a fairy on a pincushion, after all? And Nora's cartainly goes with the other fairies in the Stitching Fairies series, which are less elaborate than most of her fairies. ( is the Floss Fairy.)
(IMO, Passion Ricamo has done far more faithful "copies" of Nora's stuff, and many retailers sell both.)
Hmmm- interesting. Personally, I think Lynn's version is much cleverer. And while I like some of Nora Corbett's things, originality is not her hallmark. In that many of her designs are essentially the same basic form, with a slight tweak of a dress, or flower, etc. And they all have the same face. It is strikingly similar, but it's something that Lynn would have to pursue. To not be in copyright violation you have to be able to show the source of your idea, design development, etc. Something like this - well, it's probably different enough - although the purple tuffet is quite the copy - that going after Ms. Corbett wouldn't go far. OTOH, people like yourself notice this, and word gets around - so it's not a great thing for one's reputation. OTOH - benefit of the doubt would be to say that maybe she saw Lynn's and had the design subliminally present when doing her own. Who knows.
All I can say for sure is that when an artist is accused of copying someone else's design, or being very derivative of another's work -without permission - then in order to prove your ownership of this supposed new original design all the material that gave rise to the design is the evidence. Which is why in working on original stuff I've been told to be able to show my source of inspiration and working sketches, etc as the design was developed.
It's just like an author being inspired by another author's book or poem. Being inspired by something isn't the same thing as copying it. Those are definitely two very different fairies.
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