Never. Without the express written permission of the artist, it is never okay to copy their work. And this is not a discussion about the use of tutorials, which all (should) provide their own Terms of Use and permissions. It should be noted, I invite everyone using my tutorials to make and sell those items in any venue or in any number. This is not to discuss the use of individual design elements or techniques in original creative work. This is also not to discuss creative theft with malicious intent, either, but to discuss a persistent, pervasive belief that "I can make that!" means you have any legal right to do so, without permission. Whether for personal use or sale, neither intention negates the act of theft, its consequences or its impact on artists. According to the US Copyright Office, there is no such number or percentage of change expected (often called the woefully inaccurate "change 10%" rule) before a work is considered original, so to copy in any capacity in which you are not granted permission, is to open yourself to possible legal recourse. While I've done extensive research, read the laws, contacted copyright professionals and experts, I encourage everyone to contact the copyright office themselves to clarify these legal guidelines. I had debated this post for weeks. I had considered my words carefully. Too carefully, in fact, because while I was thinking about what to say, I was saying nothing at all, and becoming a victim of my own reactions to the infringement of my creative efforts. I had once made a conscious decision not to police every incident of theft I experienced, else find myself devoting all my creative energy to protecting my creative rights, instead of actually creating. But this is not to say that copyright infringement hasn't left its scars despite my best intentions. When the conversation of infringement reaches from the shadows of public discourse, I often hear this: "You should consider it a compliment!"
Or: "Don't worry about them. Consider it a challenge to improve your own work." Or (and this is the most troubling of them all): "If you put it on the internet, you have to expect that someone will copy it." And while you may expect it, you do not ever have to accept it. And it is not a compliment. It's an insult to the creative process, to the hours each artist dedicates to improving their skill, creating designs and combining the elements of design into cohesive work that represents their creative soul and spirit. It is an insult to enjoy the work enough to copy it but not enough to purchase it and support the artistic vision of those who created it. I understand these are not the subjects many like to entertain, that there is this belief we should focus on the beauty and art of creation, even at the expense of moral and legal discussion. However, as a victim to infringement more than a dozen times in the last month alone, I am finding it a distraction too constant to ignore. I decided it was important to discuss the impact this theft, no matter how innocent the intent, is to the artist who experiences it.... how painful it is to throw yourself into work, into pushing the boundaries of your talents, and find those efforts disrespected. So what is the message here? Common courtesy. It takes 30 seconds to ask for permission, and even less time to respect the response you receive.
6 Comments
KJ
10/21/2016 09:46:19 pm
I am so sorry.
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Nicole Hanna
10/21/2016 09:51:05 pm
While I appreciate being credited for the tutorial designs used by others, this is more directed at the reproduction of my one-of-a-kind creations. Which, sadly, is happening with regularity to myself and many other artists. Usually this is not meant maliciously, but still can be perceived as incredibly hurtful to the artist being copied.
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Lissette
10/21/2016 10:14:55 pm
We have a restaurant business and we have many many people trying to copy what we do, the way we serve everything, the staples that have made us successful, many others are totally he point of copying even our signature color selection for our walls, when we have asked they say "free world". No it is not something to feel good about when people still ideas and call it 'mine', we have been victims of this many times and some we had to enforce. I understand your point. And how many years it takes to build a brand for someone else to take it with no effort. Thank u for speaking up
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Nicole Hanna
10/21/2016 10:44:42 pm
Thank you for reading! It definitely is discouraging to work so hard building a brand, reaching an audience, and your product is reproduced without permission. Of course, I'm not referring to PDF or video tutorials... I offer those TO be used. But designs exclusive to my finished jewelry line.... It's so disheartening and gut-wrenching to find that work reproduced without permission.
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11/4/2016 09:38:37 pm
When I design something I say - made by Deb, when I design something that was - taught to me by someone else or they even assisted me in that design they get the credit because I did not make it they still did. We may put designed by Deb and so and so, I am just starting out in this business (1 year) but I have been in the finance world a very long time and you do not mess with someones livelihood, someones Gift, Someones Pride and Soul of what may make them them if that makes sense?
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I do not always remember the name of the person who inspired me but I sure try, but I make it a point on pinterest to put what I designed on a separate board and state "thanks to some wonderful tutoring from others" I learned this design. I also have "things I wish to learn, and I give credit where credit is due. Some I did on my own before I knew any of you all existed now that I do, I am enthralled and honored to know you and to learn each day new things.
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