Hypothetical Situation
Let's say there's this woman. A hypothetical woman. Let's call her Mrs. Smith. Okay?
Let's say Mrs. Smith is a lampworker, and you are a lampworker too. Let's say Mrs. Smith finds your work inspiring. Let's say you know that because she wrote to you once and told you so. Let's say you were flattered, hypothetically speaking.
Let's say the hypothetical Mrs. Smith has a hypothetical little problem. Mrs. Smith's problem is that she doesn't seem to see the hypothetical line between being inspired by someone and copying that person's work and selling those copies in her own shop. Let's say we don't know Mrs. Smith personally, so we don't really know what her intentions are. Maybe she means well and is actually unaware of the line she is crossing. Maybe she is not very creative and is just incapable of coming up with her own ideas. Maybe she is capable of coming up with her own ideas, but she prefers to use yours as they seem to sell better. Hey, it's a hypothetical situation, anything's possible.
Let's say you wish you were the type of person who could just look the other way. You wish you could honestly say you didn't care about this kind of thing, or that you think copying is a form of flattery, or that copies can never be as good as the original anyway so you just don't give a damn. But to be truthful, you do care. As a matter of fact, it burns you up inside. You take your work very personally - that's just who you are. You know the creative process and experimentation that goes into each of your designs. You remember each and every "A-ha!" moment when you discovered a new way of doing something or when you finally got something to look exactly the way you wanted it to - or when something came out looking the exact opposite of what you wanted it to, but then you discovered a whole exciting new direction. You don't think you have officially invented any new techniques, but you feel that you have your own way of using and combining the techniques that have been around for ages, and you think that's what creativity is all about.
Let's say you wrote to Mrs. Smith, back when this all started, briefly trying to explain how you feel and politely asking her to stop. Let's say she responded with a "*snort*", telling you she doesn't know what you are talking about and can't see any similarities between her work and yours, and claiming she is creating her own designs. Let's say Mrs. Smith is not blind - we know this because she is a lampworker, a profession that would require one to have the ability to see, even in a hypothetical world. Therefore, you have no other option but to think that is a bunch of hypothetical bullshit.
Let's say you like to avoid confrontation, so you decide to attempt to just let the whole thing go. You know what you would do if you were in Mrs. Smith's hypothetical situation - you would strive as far away as possible from the other person's style, even if you didn't think you were copying them - because you would never want to give them another reason to think that you are. You hope Mrs. Smith sees things the same way, or that maybe she has some amount of respect for you since she finds your work so inspiring - so maybe the whole thing will just go away within a few days, or weeks, and you won't have to think about it ever again.
In the meantime, you continue working, because it's what you love, and your style keeps evolving. Then you learn that Mrs. Smith does not see things the same way you do. You decide to try out a new type of glass, so Mrs. Smith tries it out a week later, making the exact same beads you made. You go back to the "old" glass, you start trying out new styles - so Mrs. Smith does the same. Every new design you make shows up in her shop within a week. Let's say this frustrates you in ways that you cannot describe, but you just bite your lip and move on. You know of other people who have commented to Mrs. Smith on the issue, but she doesn't seem to give a damn. You tell yourself you are going to be the bigger person and just shut up about it. You tell yourself you are better than her anyway. You try to force yourself not to care. This goes on for months. You keep hoping she will just stop, or decide one day to start looking for her "inspiration" elsewhere. But at some point, when you have once again come up with a brand new design that you're really attached to, and it takes exactly three days for her to start attempting the same design and selling it in her shop - you realize it is never going to stop. This woman has decided to make a living off of your thought process. And while there are many other wonderful beadmakers out there she could be copying, she has chosen you as her victim. You're it and there's nothing you can do about it.
Let's say you've already heard every possible argument. You've heard "copying is a form of flattery" millions of times, but you just don't feel very flattered. You wish people would show their appreciation by buying a bead - or if they don't want to buy a bead, by sending you a nice e-mail and a smile - not by selling copies of your work. You've heard "the techniques have been around much longer than you have", which is obviously true, but you think there is a big difference between technique and style. You will readily share your techniques with anyone who asks, assuming they will not use those techniques to make beads that look exactly like yours, but incorporate them into their own style. You've heard "if you say someone is copying you then you should know all about it because you are copying other people", but you know that's not true and you have not seen any evidence, hypothetical or otherwise, to prove the contrary.
Let's say you are angry. Really angry. Let's say you are so angry that you just spent hours playing a stupid computer game and thinking of hypothetical ways to kill the hypothetical Mrs. Smith - and although you came up with some good ones, Mrs. Smith just happens to be on the other side of the world and anyway, you're not really into killing people - hypothetically or otherwise. Let's say you just want it to STOP. Let's say "want" is an understatement. You NEED for it to stop. It has been going on for long enough and you just can't take it anymore. You want your designs to be your own - and you do accept that it can't be that way forever, but you want them to be yours for just a bit longer than three days. You don't want them to be Mrs. Smith's. If other people out there are going to copy you from time to time, you can just smile bitterly and move on - you've been around long enough to understand that it's just the way things are. But not Mrs. Smith. Mrs. Smith needs to stop. Now.
Let's say you know that nothing good ever comes from any discussion of the subject of "copying". By bringing up the C-word, you could easily harm your own image, or just get fingers pointed back at you. And yet, you are at your wits' end and you just feel that you can't shut up anymore.
So, there's your situation. What do you do?
(Let's say you have no idea if Mrs. Smith reads your blog or not, but as she seems to be stalking you everywhere else, you think there's a good chance that she does. Let's say you really hope she does read this, so maybe she will understand how you feel and decide to stop what she is doing. Hypothetically speaking, of course.)
Just a few purely hypothetical ideas:
The hypothetical artist might want to invest a little $ into a consultation with an attorney familiar with the law as it applies to art and/or intellectual property. Perhaps said artist might be able to file patents or trademarks on key designs or techniques, or have the attorney send nasty "cease and desist" letters (or the Israeli equivalent) to "Mrs Smith" and the people helping "Mrs Smith" sell her stuff (web host, Etsy, etc etc). This might or might not be feasible if "Mrs Smith" resides in a different country from the artist, but it can't hurt to find out.
If the artist does not want to pursue matters via the legal system, then PR is another alternative. The hypothetical artist has gotten some coverage in various lampworking magazines, etc -- said artist could get in touch with his/her contacts at those media outlets and propose they do a story on this issue, with the artist and "Mrs Smith" as the featured subject. The bad publicity might shame "Mrs Smith" into taking another direction.
I don't know if that really helps.....
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I am not sure how effective the legal system would be in this situation, because this kind of thing can be hard to prove (although the hypothetical artist does not have a shadow of a doubt in her mind). Interesting ideas though - definitely something to think about.
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Well, first off, I'd start writing a book as it's obvious that you are also a very strong and spirited writer. Then, I'd write a blog exactly as you have done to let everyone including this talentless (yes, we know who she is) and heartless Mrs. Smith know how you feel. Next, I'd write to her personally and suggest she does something anatomically impossible, and fast. Alas, there is no remedy for this type of situation. All I can say (having experienced this many times myself from a certain pair on eBay) is to carry on being who YOU are and try to not let it affect you. Take the energy and drive it into your beads. This person is a stalker and a cheat. 'Nuff said.
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Thanks so much Tonia - you always make me smile.
Your support means a lot.
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Humpf. The hypothetical Mrs Smith should go take a long walk off a short pier, hypothetically speaking.
Sarah, unfortunately this has been going on for as long as I can remember, and I've only been a lampworker for about 5½ years, and I'm sure it will continue long after I'm dead and worm food. The problem is that Mrs Smith sees how successful you've been on FeeBay and figures she's in for a "piece of the pie".
Antonia and I (and a few other lampworkers) are constantly upset over this issue. It's happened to me.. it's happened to Tonia, and it's going to keep happening, and unfortunately, there really isn't much you can do. I too am sick of the whole "imitation is the sincerest form of flattery" BS.. it's simply NOT flattery .. all it serves to show is lack of integrity on the part of the Mrs Smith's of the world.
I'll finish by reiterating what Tonia said - keep doing what YOU do. Don't let this stifle your creativity.. and take my word for it Sarah, as someone who has been where you are and who is still recovering from it, if you let it eat away at you, it will eventually stifle your spirit.
The ultimate revenge is success.. something you have in spades.
Hugs,
Sue
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Only 5½ years?
Yeah, I'm sure there always have been and always will be Mrs. Smiths around, leeching off the rest of us. I swear I have no idea what goes through these people's minds. I don't know how they can even stand to look at themselves in the mirror.
Thanks for your support. It's good to know I'm not the only one who has to deal with this kind of thing.
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I know exactly who you are talking about and the similarity between your work and hers is no coincidence. I hope she does read your Blog and the comments because I'd want her to know that her work is pathetic, such blatant copies are crap, and she should learn how to knit or needlepoint or something. The lowest form of life in the art world is someone who makes a living by copying the work of others and then selling it as their own.
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Agreed.
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Oh, and one more thing, there really isn't anything you can do about it except not allow her and what she does to control you and what you do. While it is impossible to ignore, you must lead your own life irrespective of what she does, and why not keep motivated and positive about what you do rather than dwell on the negative of what she does(I wish I could follow my own great advice sometimes).
Maybe have some fun with it, maybe you can see how fugly you can make a bead and then see if she copies it?! Hahaha, bet she would. That would be fun to Blog.
Take care Sarah, TTYL.
Brad
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Haha, that idea crossed my mind a few times - great minds think alike.
I bet she would too. Seriously, I should try that sometime.
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Well, If you do decide eventually to do something about her, I just remind you that I can get a pro to do it (one of those special units veterans. they're really cheap and well trained) for something like 2K+the flight cost. It will be money well spent.
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Well, I wouldn't say the hypothetical artist couldn't do anything about the hypothetical git (that's an Americanism for, well, lowlife, brainless, annoying, takes advantage, et. al.)
Let me also say I'm not a lampworker, and I haven't had any of these issues in any of the things I do make (on a related note, you (and others, but you are the top lampworker I most want to be like when I'm reincarnated (that's not part of my religious beliefs, but hey, we're talking hypotheticals lol)) inspire me, and I eventually want to learn lampworking if I'm not a complete klutz at it, but I'd never copy!!! Geez, hypothetical people!!! Ugh. BTW, that DNA bead keeps telling me to buy it. Didja put some telepathic DNA in there? lol . . .
Woops, it must have been sending me those buy me NOW thoughts again . . . SO!
I wouldn't say nothing could be done; for one thing, those comments will add up and reinforce this hypothetical person's (hereafter referred to as H-git, for brevity, hee hee!) sense of "safety", sense of hubris, sense of "you can't touch me", etc.
What I'd do, if it were me, and I'd gone through everything in the hypothetical situation hypothetically described, I would actually ask a lawyer, maybe an acquaintance, relative, or some other social contact, for their hypothetical opinion.
Second, I'd do as someone above suggested, and contact any other parties the h-git is in any manner utilizing services or anything else in order to perpetrate the hypothetical intellectual theft and creative fraud (my term there, that last, but it fits, doesn't it?), and report/let them know the problem. For one, this will be DOING something; for another, it may actually have some results, and may actually cause some problems for this h-git, perhaps. Online markets, their internet provider, their blogging software owner (ie, Blogger for blogspot.com blogs, wordpress, typepad, others, etc.), any of the online photo storage/display services she may be using, any other applications, people, organizations, companies, entities, etc. that may be touched by any part of her "process". Contact these entities by email; then by phone, if necessary, and then by writing. This creates documentation, as well.
Follow up for awhile with the above; also, make more formal contact with an attorney, if needed and as you see fit, as you go about the above, after, during, while waiting to hear back, etc., or whenever.
Also, contact the Better Business Bureau in whatever state (if the h-git is in the United States) the h-git is in, and report he/she/it. I'm trying to think of other options such as this that are very doable, and aren't filing criminal charges (as that's a WHOLE 'nother ball of wax . . .). I also am not sure if someone can be taken to court, long distance like that, and if you would do so over there or where the h-git is. If the creative fraud is sold online, the stuff would have been sold all over, anyway. Of course, these things would be lawyer's territor
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Also, Highway Blues is just singin' to me. You really CAN make that glass sing (lol!) Either that, or I'm hearing voices as well as songs . . .!
Anyway, I ran out of alloted space in the last post. The last things would be lawyer's territory, but it doesn't hurt to keep them in mind. Plus, contacting all involved entities will create a paper trail, documentation, and point a really big, FAT arrow (in neon and blinking furiously, hee!) at this h-git.
At the very LEAST, you will be doing SOMETHING. There are probably other agencies that can and could be contacted, in the same vein as the Better Business Bureau, in whatever locale she is in. Talk to some friends/customers/contact in or from that area, as they'd know what types of agencies or organizations would be good to report her to.
Anyway, sorry to go on so long. I hope and wish I could do something concrete for you! (maybe a concrete pair of overshoes for . . . ok, in the hypothetical world, YES! lol. Real life, not so much.)
If you ever need to vent about h-git or anything, or bounce ideas off or brainstorm next steps, I'm really good at that. I think. Lol.
Gnite! (actually, it's the middle of the night here, so it's probably the middle of your day there, lol! And I'm in a hot desert too.)
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See my comment above about the legal stuff - if I thought it was worth the effort I would do it (well, I would procrastinate for approximately 3-4 years and then I would do it) - but I can't really see it working in this case. But maybe I should ask someone - I guess I don't know much about the law stuff.
Thanks so much for sharing your thoughts, and for the compliments on my beads! Glad you like 'em!
And now it is the middle of the night here. I'm all backwards.
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I am so sorry to hear of this situation.
From what I've been told, yes you can take legal proceedings because the work would be considered "derivative" but copyright cases are very hard to win and end up costing loads of money.
Actually we've been asked before now to come up with new designs which contain elements which either can't be copied, or are very easy to prove they have been copied.
The best thing I think you could do is get everyone you know to rally round, contact the offending web sites to try and get them to remove said offending person.
But maybe the best thing you could possibly do is develop a very distinctive new style.
You're so much ahead of what I've seen, Sarah, you continue to develop creatively along new paths in ways which , I believe, other less talented lampworkers simply can't follow.
If you document your new ideas, get them in print with a date, then it's going to be harder for people to blatantly copy.
I think I'm losing the thread of my own thoughts here and rambling a lot!
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Thanks so much John.
I've been copied before in my previous life as a web designer - but as far as digital stuff is concerned, rip-offs are much easier to prove, I think. Not always, though.
I do try to develop new styles all the time - doesn't seem to work with this person, though. I'm hoping after reading all this she will have second thoughts before pulling something like this again.
Thanks, again, for saying such nice things about my work.
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Blooming Hell Sarah, this Mrs Smith sounds like a nutter! I have to agree with everything else that has been written, just carry on.
Whip her arse with the most complicated bead you have ever made, maybe when she tries to copy you she will burn herself too much
I'm really sorry this is happening, and if you were able to share her details with us maybe we could help with leaving some constructive comments??
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I understand you guys have already figured it out...
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Hi Sarah,
Jeez, I don't know what you do! This same thing goes on in the Polymer Clay community all the time. It always comes down to the fact that inspiration is fine, copying isn't. I would think the copier, once exposed, would feel so embarrassed that she was caught, she'd knock it off but some have no ethics. Perhaps you could identify her and we can all make comments on her site! I don't suppose you'll do that but I don't know if there is any other way to stop her. I think most people can spot a "Sarah" bead and I'm sure her's aren't nearly as beautiful since copying can only go so far but I know how frustrating it must be.
I'm sure there's an answer out there although I don't know what it is. Hopefully your blog readers will come up with something. In the meantime, I hope you can just keep creating your beads, knowing that there are so many of us that can't wait to see what you come up with next for us to drool over!
Susan
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I'm with Susan, name and shame!
BTW I got my Soft Swirls bead yesterday and it's gorgeous.
Thanks so much,
Jo
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So glad you like it, Jo!
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Yep... I was sure she would not continue with what she was doing after my first e-mail, which was back in January - but I guess I was wrong.
I am trying to resist the temptation of publicly humiliating her, but we'll see.
Thanks!
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Hi Sarah,
would someone mail me Mrs. Smith` shop address, as I never have seen anything like Sarah`s beads from someone else.
People like Mrs. Smith are not worth that you give them one thought. She is getting attention through you.
I would make beautiful beads and stop thinking about her. Go on with your life, don`t waste money on her or attorneys. As far as I no Justitia you fight for years and what is the outcome, you spent lots of money on attorneys and if the worst happens you loose your creativity because thinking to much about the Mrs. Smith of this world is getting to you.
My best advice ignore her, ignore her, ignore her... and don`t ever look at "her beads".
Just make new beautiful beads and concentrate on what you get your ideas from!
Take care
Christiane
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You are probably right... ignoring is probably the best thing to do. Easier said than done, though.
Thanks for the compliments!
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Well Sarah,
You ARE an inspiration!
I have had you same experience with webdesign. Been doing it for over 10 years. After about 3 I gave up the aggrivation of being copied and DID adopt the copy is a form of flattery"
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Well Sarah,
You ARE an inspiration as are most GREAT artists ... being copied is part of the territory.
Would you prefer to have no talent? ... no one be inspired by your work?
I have had your same experience (numerous times) with my Faberge Egg Artistry (35 years) webdesign (11 years). After about 3 years I gave up the aggravation of being copied and DID adopt the "copy is a form of flattery" attitude. Life is much happier.
Before that I simply busted the culprit to the public ... why keep it a secret?
NAME, RANK, SERIAL NUMBER and (now) WEB ADDRESS ... the public will work for you better than any lawyer. Better than your sitting brooding over Mrs. Hypothetical Smith.
If this woman is making money off your design then use the public to defeat her "copy reason". Most collectors are collecting "original work" or something in the a piece that sings to them. Copied work NEVER sings.
The bad press this woman and her shop will get will expose her as a cheat.
I seriously doubt the public WANTS to deal with a cheat.
Forget the shame factor ... these people are sociopath and have no shame.
Nab her pictures of her work (wherever she advertises) and place examples on a page side by side with the work she copied. The public will quickly see what she (apparently) can/chooses not.
When she threatens to sue you for copy of her images point her to the fair use clause in copyright where you are allowed to use information/images as editorial information.
It does work ... I know from experience going up against geocities and the feds in separate cases that were immediately dropped when I refused the cease and desist letters from their attorneys. My response was simple (in writing) "go ahead sue me".
Bust her then forget her and the universe will do the rest for you
Linda
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So, how *do* you give up the aggravation? I wish it were that easy.
I have chosen not to expose her (yet) because it seems like that kind of thing always leads to bad places. But we'll see. I am saving her images, just in case I need them someday.
Thanks for your advice!
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hi Sarah
what a horrible situation to be in - I don't know who "Mrs Smith" is, although I may have seen her stuff on Ebay, and deliberately ignored it. I really think you should name and shame even tho she must be a thick skinned cow!! I once had a "friend" who copied everything I did, and I have never believed in that "sincereist form of flattery" crap either. It is plain wrong, and unfortunately it will eat away at you (I know). Luckily you have an army of admirers and supporters of your fine art and NONE of us would dream of buying this other person's stuff. Please try not to let this affect you - your creativity and ever changing styles are your strength and we all await, every week to see whats next! and are never disappointed. I just received "Crayons" from your one of your newest styles and it is stunning. In fact I am going to go and pick another one right now! So to hell with "Mrs Smith" she's a shallow mean spirited b***h.
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Hey Christine!
She's not on eBay (as far as I know) - she sells on Etsy.
Thanks so much for your kind words - and I'm so glad you like "crayons"!
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Maybe you can block her IP address...
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I wish I could block her from anything having to do with me... but I can't block people from viewing my work on eBay, Etsy, etc. *sigh*
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i know how you feel! what a terrible thing! you just have to be a stronger person and turn that negative energy back into your lovely work!
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Hi Sarah,
I stop being aggravated by simply taking a moment to assess the situation.
The Egg Artist example. I already KNEW I was one of the most creative in the field.
I was agonizing over stolen design which produced negative thought. That sort of thing can drag you into an abyss. Since 99% of my time is normally spent in blissful creation of something. I was becoming a whiny b***h over the situation. To make one of these egg pieces takes weeks and sold for $300 to $1000 each. If you have never seen this art form, here">http://www.the-elegant-egg.com/">here is a site I started long ago and never finished (my egg design). Everything is assembled/created one piece at a time from beads to the tiny doll that started out as a white plastic toy.
One day a friend said (she probably got tired of listening to me "plot against", sniffle and whine) "I guess you could be talentless and then you would not be facing this problem." the comment stopped me dead in my tracks and caused me to laugh so hard tears ran down my cheeks. It was an eye opener and a crossroad. Was I going to let copycats rain on my parade? COPYCATS will NEVER be talented because they CHOOSE NOT to develop their own creative ability, it's easier to STEAL from others. Or was I going to move BACK into the pure exhilaration of creating my own work and loving every moment without a dark cloud hanging over my head?
Simple I moved on! Daily I am grateful I have the ability to create things others admire. Admire enough to pay their hard earned money to collect. I revel in the fact that I have the ability to be leader of the pack ... understanding where I am today others will choose to follow tomorrow. It was my choice. I could be a powerful LEADER (in my field) or a boo hoo ba ha p****d off whining victim (in life).
Do I care if someone copies me? Not one bit. Like you I create one of a kind art. By the time someone copies my work I am on to 100 different ideas that "the copycats" WILL NEVER have if "I" do not make one first ... lol
I am new to lampworking (1 1/2 years) and like Dana download pics and look at them for inspiration (yours included). But then I look at many things for inspiration like the daylilies in my garden or the gorgeous monarch butterfly that takes a moment to pose on a lily (thank God for digital cameras). You can not beat nature for inspiration.
So to sum it all up? In my opinion you are one of the best in the lampwork field.
Right along with my favorite lampworker Kim Osibin. I have had the good fortune to attend 3 of Kim and her wonderful equally talented assistant Toni Lutman ... classes.
Enjoy your wonderful talent and ability, don't let the outside world or the people in it rain on your parade and most of all charge ahead as leader in the pack
One day I too will have one of your beautiful beads to add in my ever expanding collection of the BEST OF THE BEST
Linda
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Hi Sarah, I don't do lampwork but I am an artist and this kind of thing happens all the time in all kinds of artwork. You can be sure she reads your blog. It strikes me as I read your post that she's getting some sort of perverse pleasure from duplicating you as soon as possible after you come up with your original designs. Her whole attitude suggests that she's thinking "and there's nothing she can do about it!". The more fuss you make, the more wierd fun she's having. Sorry, you're having to go through this!
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Sarah motek,
it sounds like this person is causing you so much grief (hypothetically speaking of course)which unfortunately seems to be the downside of being a true artist. if you happen to be original, creative, talented and succesful then there will always be people less fortunate than you (talentwise) who will copy you. knowing all this doesn't help feeling frustrated when someone steals your style, ideas, colors etc... I guess you can only feel comfort with the thought that there will always be an "original Sarah Hornik" bead and there will be the "crappy sarah hornik copies" and trust me, people know the difference.
I'm going to go to etsy and search until I find her, I think its possible to report things that are offensive.
just keep doing what you do, no one can come close!
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BEADSTAKER! That sucks ;-{
Mrs. Smith- GET A LIFE...
Sara has worked hard for hers...
Enough said.
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hey sarah,
i don´t know nothing about mrs. smith
and not much about you. what i can tell is: i love every one of your words you`ve been writing ... the world is full of mr. and ms.smiths.
to bad that we have to waste so much time thinking about such people...and i can feel you in every word.
my vocabulary is much to defective to express what i actually want to tell you... just keep on - we grow in the process.
sunshine from germany
carla
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It happens to us in our local handcrafted jewelry market. But thankfully our customers recognise who are the originals who keep coming up with new designs and they respect us for it. But of course it'll be really cool to blast her off the planet so that there'd be no more Mrs Smiths in this world.
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(((HUGS))) I didn't realize she was STILL doing this to you Sarah! Sorry you are having to live with this every damn day. I'm sure it would be much easier to let go of if it had only happened once. (although, it would still sting) For it to continue to happen, I don't know how anyone can expect you to just forget about it... I'm sure I wouldn't be able to either. Some people just suck!!
You know how I feel about you and your work, I'm always here if you need to vent. Oh, and the basement is still waiting for you, lol!! Keep your chin up sweetie!
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