Monday, February 25, 2019

Here we go again...



Copyright. Intellectual property theft. My work is mine, not yours. Why is all of this so hard to understand? Someone made a copy of my campfire quilt, above, and posted it on her blog and on Instagram and even entered it into a contest, all without my knowledge or permission. I won’t reveal her name or show you her copy. I’m not out to shame her or embarrass her here, but rather to just continue to help spread the word that, common though this practice is, it is unacceptable. I truly think that most of the people who copy the work of artists are not doing it for malicious reasons. They are well-meaning people who would be shocked at the idea that they have committed a theft. But the theft of intellectual property is theft in the same way shop-lifting, pirating movies and plagiarizing are theft. It is illegal and it is unethical. They will protest “but I gave you credit” or “I’m not trying to make money off of it.” And, yes, this copier said both, though the mention of where she got this image was buried pretty deep, but that’s not the point. The point is I did not give her permission to use my work. 

“What’s the harm?” you might ask. Maybe I seem petty, getting upset over such a small thing. After all there are artists who have been ripped off in far more harmful ways. Paula Nadelstern, for example, had her original designs ripped off by a big carpet manufacturer and used on carpeting in a large Houston hotel. She sued, and won.  So the possibility of such brazen theft that financially benefits the thief is one harm. The other, I see, is that the small-time copier may not gain financially, but she gains in reputation and credibility for a skill she doesn’t have. When I discovered the copy posted on Instagram, there were complimentary comments, praising her imagination and skill.  It hurts, a little, to see that. It was tempting to leave my own comment, but I didn’t. And the real harm is that if people aren’t called out for this, it goes on and on and grows ever more common.  I am far from the only person this happens to. In my online communications with other fabric artists I read about it ALL THE TIME and everyone hates it. 

Artists work hard. A piece like the one above requires weeks in planning, experimenting, making design decisions, discarding what’s not working, picking out tight little stitches and redoing sections. There was a lot of invention in that piece. It was a lengthy process. The woman who made the copy wrote that hers was made in less than a week. I had already done the hard part. I’ve never made another one like it and probably never will. I have no desire to see other versions or copies. It is one of a kind, which is kind of what art is. I’m proud of it. It might be one of the best things I’ve ever made. I sold it to a woman who truly loves it, which is the highest compliment I could get. Does this help you understand how I feel about it and how I feel about seeing a poorly executed copy?

So, I say, if you really, really want to copy someone else’s work, really think about what you are doing, then if you just can’t help yourself, make that copy and hang it in your bedroom, but don’t show it to anyone else. Don’t enter it in a show, don’t enter it in a contest and, for goodness sake, don’t post it all over the internet with your own contact name and information watermarked prominently on the photo. Just DON’T.  

Sue Siefkin pointed me to this brilliant chart  explaining intellectual property theft, designed by Ginger Davis Allman.  It covers it pretty well. 

11 comments:

  1. Great analysis of a widespread problem and great explanation of the personal affront. Your piece is perfection and I hope that is all you will see when you look at it from now on.

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  2. This is one of my favorite quilts too, looking at it just gives me that feeling of nothing more pressing to do than stare at the flames.

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  3. Yes to your post, Terry...and yes to both comments above. Well spoken by all.

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  4. Sorry this has happened to you and so many others. Thieves of anything don't seem to recognize the harm they cause and certainly don't care. It is a unique piece of art and I have always admired it. Wish it was part of TCQC. Sending healing thoughts your way. Del

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  5. I am very frequently standing up for copyright. (A retired librarian.) May I post the link to your article and the chart picture to try and explain/educate others? Cynthia

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  6. That particular piece is one of my all time favorites, not just of yours, but anything I've seen in the quilting world. I can't imagine anyone having the nerve to copy such a unique piece.

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  7. Bravo. I'm glad she took it down. While I can imagine wanting to have a copy of something because the image resonates so strongly, and one might have the skills to reproduce it, I am not sure that I could ever actually do that, hang it in my bedroom and truly enjoy it. I would know that it was just a fake. Part of what is special about it is the artist's hand, vision and skill, in the creation. Even were it an exact fake, it would still be fake and like cheating on a test, I would know.

    I can't even believe it was to be entered in a contest. That's some brass cahones is what that is.

    PS I love that quilt. I can almost smell the forest and hear the fire snap. It's wonderful.

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  8. I think all of you are forgetting about the many quilt artists out there who have let their work be patterned for aspiring but not yet there quilters. As long as there are patterns, and shows that accept quilts made from patterns, there will be enthusiastic quilters that won't understand the problem with taking the leap to reproduce a favorite piece on their own. They won't have understood the difference between their own efforts and using a copyrighted pattern. They will not have heard of the concept of seeking permission.

    Terry, I wish you had left a comment on her post, a more compassionate and understanding one than all your friends left as they rallied indignant to your side. You could have suggested that she contact you personally so you could discuss the problem with this in private. Instead, I think she was only publicly embarrassed in a hurtful way that may have only left her resentful among other things. No opportunity given to apologize, explain, thank you for educating her.

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  9. As a teacher librarian and arts/media teacher, I was constantly trying to explain the concept of intellectual property. (I think many of my students understood it better than a few of the teachers.) Our digital world has made so much information and so many ideas available to all of us. For some, deriving inspiration from a photo or another art piece might seem to be a compliment to the artist. But just like writing an essay based on someone else's research, it should not be be plagiarized. It is a matter of educating. Educating quilters, artists, quilt show committees and guilds. And it is so frustrating, and can be very upsetting, when someone doesn't know this or chooses not to abide by these terms. I hope that it was a matter of not knowing in this case, and that the quilter who copied your piece will spread the word about how important it is to seek permission before copying a work of art.

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  10. I've just come across this and appreciate your comments very much, in fact more should be written on the subject of intellectual property and copyright. There is a vast difference between copying someone's work and being inspired by it. When I see a quilt like your fire quilt that I can't take my eyes off and think that I'd love to do something like it I write down notes about why I love it, in this case it could be the contrast of dark and light, the use of abstract mages to create an almost realistic image, the vertical layout, the proportion of background to the main subject - I also write the name of the artist. Later on, if lacking inspiration, I might use these notes to push myself forward but I won't refer back to the photo of the quilt which originally inspired me. Perhaps later I'll do it when I've finished. I rarely publish my work but if I did then I would mention the artist's work which inspired me - but for sure my work would be totally different.

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