Jewelry line stolen, copyright infringement

Copyright doesn’t work if you don’t have the cash to protect it.

Even if you do there are some governments (who shall remain
nameless), that actively steal patents and copyrighted material, they
don’t give a tinkers.

As soon as a design leaves your hands it will be taken. A lot of
people in this world steal.

Mobile phones are banned from our student exhibitions, because one
visitor was overheard to say “that design will look good in our
window” whilst taking a happy snap, and they were industry
professionals! Still smoked about it.

Regards Charles A.

We had somewhat of a similar style. I could prove
mine and show back through years of notebooks and work..actually
years before she ever picked up a torch, that mine was as original to
me as my handwriting is. Sadly she told the jury that I had copied
her work and I was not accepted on those grounds that my work was
"too derivative of others work".

Bethe from Cape Cod’s story is an excellent example of how messy and
wrong this sort of thing can get. Federal courts have jurisdiction
on intellectual property law. Artisan guilds and groups like SNAG or
Orchid have no legal authority to act or rule on these disputes.
Bethe was allegedly barred from participation by a adversarial
competitor without any due process, fair or impartial investigation.

I remember years ago when I was exhibiting regularly with the ACE
shows at Baltimore and West Springfield that there was constant
agitation for the show management to do more about “derivative”
work. On several occasions it was stated that the management had been
advised by their lawyers that they should not do that. They did not
elaborate very much. What makes sense is that if you make a
judgement that one persons work is derivative of another’s and the
consequences of that decision causes harm or loss, that this process
must be thorough, with both sides given ample opportunity to argue,
show evidence and defend themselves. The place that happens is in a
court of law. That is not what happens when one person says someone
else ripped-off their designs and fights their battle in the court of
public opinion or behind closed doors in the art jury room.

Stephen Walker

I got the names of the past SNAG presidents and located one who
sells twig jewelry on line and in his gallery. I saw pictures of his
twig work, and there is absolutely no question but that he has
stolen, twig for twig, the designsof Micky. The work is blatantly
identical.

Therefore, itwould seem that there are good grounds for a lawsuit.
Unfortunately there is a big drawback. The gallery owner’s claim is
that “many people use twigs.” This is quite true, and when I took a
class in casting, we used twigs, and other items found in the
garden…

However, althoughmany jewlers use twigs, there is a vast difference
between how they use them. Micky’s designs are unique, and what has
been stolen is not her use of twigs, but the way in which she used
them.Her designs andcreativity have been stolen. The big question is
that if legal means were taken in order to get restitution, would
the judge, whomayor may not have knowledge of jewelry making
techniques be aware that the issue is not twigs per se, but how they
are used.

This whole matter is very sad. Micky has worked hard to develop her
own unique style of working with twigs, only to have a greedy
inscrupulous person steal her ideas.

Alma

SNAG stands strongly against copyright infringement as a rule;
however, it is not up to us to make a final call on specific
disputes. SNAG is not police, judge or jury. This situation is truly
unfortunate. However, despite this person being a former SNAG
president, the circumstances have nothing to do with SNAG and it
would be inappropriate for us to comment on any of the specifics.

Sue Amendolara
President
Society of North American Goldsmiths

I saw pictures of his twig work, and there is absolutely no
question but that he has stolen, twig for twig, the designs of
Micky. The work is blatantly identical. 

I looked at both sites, and I see similar, not exact copies. Using
twigs is a design motif. How could two people use twigs and replicate
how twigs appear in nature and not look similar?

I am making a ring with a twig motif and the basic structure is
similar, and I have never seen the work of either before, so from the
replies so far I can assume if someone saw what I made I too would be
accused of copying Mickey. Except, my design has leaves…

If I made a design using round wire in a random pattern similar to
Mickey’s bracelet, not exact, similar, would it be ripping off her
idea?

Look on Etsy and you can find some similar items in cuff and bangle
bracelets.

Google “Elizabeth and James twig cuff bracelet Neiman Marcus” to see
how silly this is.

I repeat from another of my posts, unless a mold was made of a Mickey
Roof piece, it is a similar motif, not duplication.

The idea has been done before. I have an artist in my gallery who
uses twigs.

That the difference between using a motif and copying a design is
not understood by some on this forum is quite disappointing to me.

That Mickey thinks she was copied might not be true. I do not know
who had created work with the motif first, not that it matters.

That Mickey is having an issue is clear, and that she is getting
support is clear, that it is appropriate is not. Seems like a bit of
slander to me…

Richard Hart G.G.
Denver, Co.

Thank you Richard. Do you remember when, back in the summer of 2006
this came up, and Daniel Spirer said this about Copyright
Infringement:

Then there's the issue of original designs. I've been a jeweler
for over 35 years, and during that time I can honestly say that I
have only see about 12 "original" designs created during that
period. I mean something that is truly unique to an individual
designer who went in a completely new direction. Everything else
is built on old work. To some extent this is unavoidable. There
are limitations to what someone can physically wear on their
fingers. There are limitations to how many things you can do with
a circle. There is always going to be some overlapping and there
is also more than 2000 years of jewelry work and designs that
have already been done before you make up that "new" design. Can
two people make up the same design independently of each other.
Absolutely. It happens all the time. Look at the current
"fashion" of circle pins. How creative can you possibly be with a
circle in a pin? Sure you can set some stones in it. You can add
some pearls. You can put on some squiggles. But you know
something it's still a circle pin. If David Yurman makes it he'll
do it out of twisted wire (something the Celts did more than 1000
years ago), but it's still just a circle. The difference is that
Yurman has huge pockets and a team of lawyers working for him
and he can sue the pants off of you if he chooses to (that, mind
you, is for copying a design he copied from people who are
already dead). But if all the "designers" decide circle pins are
hot and they are going to make them up do you really think there
isn't going to be some overlap? 

Then there's the issue of derivative work. When I was very young
I did craft shows and there was a jeweler's work that I admired.
One of his "techniques" was to cut out a piece of silver in the
middle of a piece of sheet for a ring and solder a different
colored metal behind the cut out and repousse it from behind so
it puffed out. Neat idea. As I found out later not entirely
original (it had been done before although I don't know whether
he had seen it or not). But I was into making repousse/chased
faces. And I realized that you could do the same thing he was
doing only do a face in it instead of just a lumpy piece of
metal. So for a few years I made rings with repousse faces
sticking up through them. Was that stealing his design? He never
put anything like a face (or any other realistic design) on his
they were just somewhat lumpy looking. Over time I went in
different directions (although I still use faces) and they aren't
in my repertoire anymore. But the reality is that when you go
back in time far enough you see similar rings with faces. I
hadn't seen them at the time. So was my idea original because I
hadn't seen it before? Was it original if I borrowed a technique?
Frankly, I don't care as I agree with the comments that claim
most work is derivative in some way. 

For those of you who think you have an absolutely, never before
done, completely original jewelry design, I first would urge you
to research thoroughly the entire history of jewelry and see if
anything like it has been done before. Then let me know and I'll
add you to my incredibly short list of designers who have
actually come up with  "original" designs.

The name of this crook should be available to all of us. If Ganoksin
cannot publish it because of liability concerns perhaps you can let
us know individually. I for one would like to send him a hot letter.

john

However, despite this person being a former SNAG president, the
circumstances have nothing to do with SNAG and it would be
inappropriate for us to comment on any of the specifics. 

Fair comment, but is the transgressor still using his SNAG
accreditations for his own benefit.

SNAG is a really cool organisation, but might it be a case of, guilt
by association, public opinion, being tarred with the same brush?
That’s what would be bothering me most if I was in SNAG’s position.

Regards Charles A.

I hate that this happened to you Micky. I’ve been there and I know
how it feels. But the bottom line is that there really isn’t a whole
lot you can do about it. Pursuing legal action might make you feel
better in the short run, but I really do believe you would have a
hard time convincing a judge or jury that what you have made is so
new, original and unconventional that someone producing similar
items would be infringing on a copyright, especially considering that
you probably never properly and legally copyrighted it in the first
place. Like Richard, I took a casting class in 1972 in which we
spent the third day gathering and gating up bugs and twigs. My Dad
had been doing it for decades before then. Legal action will most
likely result in nothing more than raising your blood pressure and
lightening your wallet. The only real winners in this kind of
litigation are usually the lawyers.

I would strongly advise that you very carefully consider the
consequences of following some of the advice given here concerning
making a major public issue of this before you start posting names on
forums whose moderators are less inclined to help protect you through
the use of judicious editing of names and places. Having a public
temper tantrum may feel good for a while, but it may very well end up
reflecting much more badly on you than on Mr. X in the minds of many
people reading it. It can have much more devastating and far-reaching
consequences as well. Posting comments that can negatively affect
someone’s livelihood (and in addition, about something that is
potentially so difficult to prove in court) on a public forum can
easily end up with the poster being on the wrong end of a defamation
law suit. Not only can it happen, it does happen. Frequently. And the
awards the courts order are often huge.

Never forget that when you post something negative about someone on a
public forum, it’s there forever. You can’t edit it or take it back,
nor can you deny it or easily explain it away with a “well, I was
angry at the time your Honor” kind of defense. So say Thank You to
Hanuman for helping to save you from yourself, at least on this
forum.

I think there is only one thing that you can do to avoid being
knocked off in the future, and it is by far the best solution to the
knock-off problem, imho.

Make jewelry requiring such a high level of skill that anyone that
has the ability to copy it doesn’t need to.

After my first experience like yours, I accepted the reality that if
someone can copy my work to the point that the copies are recognized
as my work, then my work just flat isn’t good enough.

Let it go, Micky. It’s probably gonna happen again sooner or later
and it stinks, but you have no control over what other people do.
All you can control are your own actions and reactions. I think in
your case, there are likely very few positive outcomes if you
continue to react publicly in such a negative manner. But there are a
ton of bad things that can come your way if you air too much of your
bitterness and frustration and tie it to a specifically named
individual in public. If you do decide to let it all hang out, make
damn sure you can physically and undeniably prove every single word
(and then some) in a court of law. Given the litigious nature of our
society now, you just might have to.

Dave Phelps

The mystery appears to have been solved, looking at the “new
members” post today. In my opinion, I would say that at most, the
jewellery appears to have been inspired by, and not copied. The
person in question has come up with arange of unique jewellery, which
just happens to be cast twigs. They are not alike in my opinion.

Helen
UK

micky -

...In case you do have legal grounds to sue him, there are legal
organizations...

since the '70’s passage of copyright laws, there has sprung up an
entire legal genre to enforce and protect the intellectual property
of its creator - be it ‘touch-able’, ‘hear-able’ or ‘see-able’ - here
are selected short excerpts of the law, both our copyright laws in
America and international copyright law: some of the covered property:

“-… literary, artistic and scientific works…”

"-…“all other rights resulting from intellectual activity in the
…literary or artistic fields.”

period of copyright protection;

  • “Copyright does not continue indefinitely. The law provides for a
    period of time during which the rights of the copyright owner exist.
    The period or duration of copyright begins from the moment when the
    work has been created, or, under some national laws, when it has been
    expressed in a tangible form. It continues, in general, until some
    time after the death of the author [artist]. The purpose of this
    provision in the law is to enable the author 's successors to benefit
    economically from exploitation of the work after the author’s death.”

of extreme importance is this line straight from the law;
‘…copyright begins from the moment when the work has been created,
or, under some national laws, when it has been expressed in a
tangible form.’

i’ve already been successful at defending my basic design against
the world’s largest wholesale supplier - it turned out to be a very
stress-less endeavor with a successful conclusion - so…

good luck -
ive

Like Richard, I took a casting class in 1972 in which we spent the
third day gathering and gating up bugs and twigs. My Dad had been
doing it for decades before then 

A few have posted on this thread, suggesting that it may be just
chance that the said person happens to be making similar jewellery.
But the OP informed us that the said person actually really liked
Mickey’s line of jewellery, and asked to have some pieces to sell.
The jewellery was then returned or no longer sold in the gallery (I
can’t remember which), and Mickey was later shocked to discover that
said person was selling IDENTICAL jewellery, with opals cut by the
same cutter as the original jewellery. Such circumstances are not
pure chance that another person is casting twigs in a similar way.
The description of the circumstances screams direct rip-off of
someone else’s designs. But like you say, it’s a matter of proving
it, and that is the difficult and expensive part.

Helen
UK

Excellent post by David Phelps! As many posters have pointed out,
there are very very few things under the sun that are original,
which is the legal requirement for a copyright (defined as an
original work that is captured in a tangible medium). Works in the
public domain or that are derivative of existing work are not
original, which is a legal term of art.

Copyright arises immediately upon capturing an original work in a
tangible medium. Registering a copyright with the Library of
Congress, which has jurisdiction in the USA over copyrights, only
goes toward proving damages, not the validity of the copyright. If a
valid copyright is registered, and you prove its validity and
infringement, then you are entitled to statutory damages. If it is
not registered, and you prove its validity and infringement, then
you have to prove lost sales caused by the infringer. Much more
difficult.

That being said, you are much more likely to lose a defamation suit
against you than win a copyright infringement case based upon these
facts. False claims or statements made in writing (which includes
the internet) are libel, which is even worse than mere defamation.

Take David’s advice: make excellent work that is difficult to copy,
keep making new stuff, so that anyone who does copy it is yesterday’s
news.

Emie Stewart

said person was selling IDENTICAL jewellery, with opals cut by the
same cutter as the original jewellery. 

That’s kind of what I was driving at. If Micky uses 24 gauge 22K
bezel wire and Mr. X used 22 gauge 18K, will a judge and/or jury
consider them to be IDENTICAL?

In a case of copyright infringement, maybe, and maybe not. I don’t
think so though, especially given that both pieces were made by two
different people using different individually cut stones that are not
anywhere near identical, even though they may be very similar and
were fashioned by the same cutter.

In the case of a libel suit, words have meanings. Identical does not
mean indistinguishable. If Micky uses the word “identical” in a post
she makes to publicly call him out by name, and Mr. X decides to go
after her for libel, she must prove to a non-jewelry judge or jury
that her pieces and Mr. X’s pieces are truly identical (her word, not
anyone else’s). 24 gauge and 22 gauge bezels in different metals may
be indistinguishable by most people, but in strict legal parlance the
use of two different metals and gauges means that the pieces are not
identical.

Case closed. Pay the man.

Dave Phelps

In response to

My name is Sam Shaw, about whom this post is intended. While I agree
with some of what Mickey says here, my perspective and conclusions
are quite different. Pretty much anyone who has ever made anything
has felt the way Mickey does way to some degree.

Here are some criteria that I use when evaluating work, specifically
about if a person has “ownership” of a certain style, technique or
aesthetic.

Perhaps most important is the consistency of voice. Is the work
consistently recognizable within a body of work? Is there a theme
that unifies the collection so it presents itself as a cohesive,
integrated, thoughtful and unified whole? Are the characteristics and
style clearly the work of that hand and mind?

Another criteria is commitment and depth of involvement. Is there a
range of examples within the aesthetic that demonstrates that the
artist is truly interested enough to keep coming back, and back, and
back again to see what else can be squeezed out of this idea. The
work is not just a passing experiment or dabble, but a term measured
in years or significant output to show that the artist has a passion,
involvement, and desire to pursue an idea further.

Another criteria would be originality. Is the idea, technique, or
imagery singular, unique, and never seen before? This is a tough one
for artists, as there is, as we can all agree, very little which is
truly new. It is remarkably exciting when an artist does develop a
completely original idea, of which there are many examples.

Mastery would be another criteria. Does the artist demonstrate a
skill in the media where the desired result is not obscured by lack
of facility? Is the intent clear and appear effortless and seamless.

Development of the idea, from spark, through incubation, early
exploration, inspired attempts, and fulfillment is another mark of
owning an idea. Is the journey personal, and have references and
resonance within ones life. Are an artists interests, aesthetics and
actions related such that the ideas contained seem natural, and the
conclusions reached are obvious and honest?

I think you and I can honestly claim most of the above criteria,
with the exception of originality of idea. In my view, artists,
designers and jewelers have incorporated twigs into jewelry and
precious objects for millennia, and abundantly within our craft
community as well. You are absolutely not the first to use cast or
fabricated twigs in jewelry. But in my perspective you do have
ownership, as do I, and the numerous others who share our aesthetic.
I invite anyone to view my collection on my site, shawjewelry dot
com. Today, one can purchase pre cast twigs on line ready for
production. Twigs in jewelry are prevalent and ancient.

I understand that you believe that I imitated you. I know in my
heart that my path was my own, and that I came to similar conclusions
as you. For instance I cast twigs and buds in college in 1975, and
made jewelry from them. Other work of mine is very much centered
around found objects from the natural world. I was aware of what you
were making, but my journey and development was my own.

I believe there is room enough for all of us. Put ten of your pieces
next to ten of mine and I suspect anyone would be able to determine
which are yours and which are mine. We each have a distinctive voice
within this shared aesthetic.

I was one of the early adapters of using beachstones back in the
eighties. Certainly not the first to use beachstones, but I made them
my own. My response when I saw others using beachstones after I had
established my collection was to hug them because I knew we found
beauty in the same things. I bought their work and continue to buy
and sell beachstone jewelry made by others. I also buy and sell
jewelry with twig motifs. There is a lot available.

I take Mickeys concerns very seriously. When she sent me her pieces,
I was deep into beachstones, and it was numerous years later that I
adopted twigs. I do not have a recollection of what she sent me in
the late 1990’s. I did have a twig cross over cuff with pointed ends
that was in my gallery for years that I believed I had purchased from
Mickey. But she says I did not buy any of her jewelry, so perhaps it
was anothers.

I have been giving this a lot of thought since receiving this post.
Trying to recreate the past. I believe it is fair to say that
Mickey’s work was in my sub-conscious. Upon reflection and self
examination, I can honestly and sincerely say that I came to my own
conclusions. I did not look at Mickeys work. I never, no not once,
did I ever look at her website or knowingly see any of her work. I
hope you can believe me Mickey. And I hope we can both continue to
make work that is meaningful and truthful.

Unfortunately, I’m afraid it happens a lot more than we know. I had a
friend, now deceased, who was a local jewelry artist. She had
designed and sold a ring to someone, who later took it to another
local jewelry store…artisan based, but a bigger business, possibly
for resizing? I don’t remember all the details, except that somehow,
it ended up coming back to the original artist at some point after
that, and she actually discovered the remains of mold rubber in the
crevices of the ring. The other jewelery store had literally made a
mold of her original design and were apparently selling copies as
their own! She took legal action, and I believe, won. Unfortunately,
she died of cancer a couple of years back, so I cannot confirm all
the details of the story, but unfortunately, just because we are all
’fellow artisans’, we cannot assume everyone will extend equal
respect to us, our art, or our copyrights, even from within the
community.

Jeanne

Having read all the comments about copywrite infringement and stolen
designs, I have to agree with those who point out the futility of
seeking legal advice and pursing the matter,as the use of twigs does
seem to be in the public domain, and unless a mould is made of the
original and then copied, one really does not have a case.

As did Richard Hart, I looked at a number of jewelry sites such as
Esty etc., and as he noted, use of twigs in the manner that Micky
uses them is common.

Therefore, it would be almost impossible to claim origninality.

Also, As David Phelps points out, the way to avoid having one’s work
copied is to develop ones skill to the point where copying would be
very difficult.

I believe that the reason Micky is so hurt by all this is that the
person who has the gallery rejected her work, after having shown it
for some time, stating that it did not sell. Yet he has developed
his own line of twig jewelry, which bears a remakable resemblance to
that of Micky’s, and obviously it is selling very very well. Of
course this causes pain and anger.

But as several have pointed out, hurtful as this is, there is
nothing for Micky to do, but to use her talents and skills to take
her work in another direction, and difficult as it may be, to let
the entire matter drop.

Alma

My understanding of copyright is that the protection is not likely to
yield any monetary reimbursement in a court of law. More than likely,
an offending person will simply be told to “cease and desist,” and
maybe get fined. On the other hand, if you register a trademark and
then your work is copied, you are entitled to all the money a person
has made with your designs. If a foreign company begins to
manufacture your design, one would probably have to attack them
through the courts where the items are being manufactured. That can
get expensive, but could be worth it. The point being: it’s trademark
that gets you the money.

There was a painter set up next to me at the first art show I ever
(over 40 years ago) did that painted beautiful underwater scenes. He
bragged to me of how he was sued by Jacques Cousteau for copyright
infringement. The fine was $2,000, but apparently, according to the
painter, he only had to change 10 things from the original photo to
be in compliance with copyright law, so he airbrushed out the
highlights of the water on the dolphin’s back–10 highlights. He then
sold the piece for $4,000. Apparently his work is still selling at
street fairs and galleries, and he’s been in court several times but
always comes out ahead. I suspect there are jewelers that are no
better. By the way, he got an award for his piece at that show.

– Mary Whittle
Copperplate Etchings, Enamels and Silver Jewelry

A trademark shows the source of goods, not the actual goods
themselves. It is a completely different type of intellectual
property than copyright. Trademark infringement involves passing off
copies as the real thing: for example, fake Gucci purses that are
labeled and look exactly like real Gucci purses. Merely copying
someone else’s work but labeling it as your own is not trademark
infringement. Also, merely copying someone else’s work is not
necessarily copyright infringement unless that copied work meets the
legal requirements necessary for a copyright, as have been
identified previously on this forum.

Emie Stewart

people -

i was staggered by the posts from artists who reportedly earn from
the jewelry business who lack the basic about protecting
the products they create. before i discovered orchid i checked out
several web sites with ‘making jewelry’ - one of those sites had a
forum going about copying someone else’s design. the answers/opinions
the forum members posted ran the gamut from hilarious to ridiculous:
“i heard that you could copy a design if you give credit to the
designer.” “you can copy and sell someone’s design as long as you
don’t sell it for more than the cost of the materials.”

“i heard that if you copy only 90% of a design or use different
stones or metal, you don’t have to give credit to the original
designer.” “well, i’ve heard that you can copy anyone’s design if
you donate the piece.” by the time i was laughing so hard i couldn’t
read the screen, i left the forum, went to a copyright site and
copied the most simple explanation i could find. back at the forum
site i stated my posting was just to prevent anyone from running into
copyright law problems.

i have no idea how my copyright law post was received - the next time
i tried to sign on the site i read: “THIS SITE IS NO LONGER ACCEPTING
E-MAILS FROM YOUR ADDRESS.” i was crushed…

people - read the law, avoid embarrassment -
ive