Jewelry line stolen, copyright infringement

I beg to differ, any judge will accept a secured piece of mail
from the US postal service, their date mark as a sign of ownership. 

From the US Government’s website:

"The practice of sending a copy of your own work to yourself is
sometimes called a "poor man's copyright." There is no provision
in the copyright law regarding any such type of protection, and
it is not a substitute for registration." 

If you google “urban legend copyright” you can find more information
on how this urban legend began.

Look at the reasoning of Mr. [snip] for an example. He thinks his
designs are original. He has, he writes, threatened friends of his
family because of it. Well, Mr. [snip], go to the Bretagne or,
indeed, to Ireland and you will find your beloved original designs
that you are so eager to protect on every corner of the street. 

No Jacques, I did not “threaten” friends of my family. And yes, I do
think my original designs are original. I have never been to
Bretangne, but I have made about 20 trips to Ireland in as many years
for trade shows, art history conferences and research. I am not for a
minute claiming to have ownership of Celtic design in general, only
the things I have truly created (within that tradition) which are my
own composition. I will tell the story.

In 1996 I wrote an article titled “Celtic Cross History and
Symbolism” For about fifteen years this has appeared as number one or
number two on Google and Yahoo searches for the words “Celtic Cross”.
On this page are several crosses I made which have since been copied
despite my copyright notices.

Several years ago a woman I have known for years came into my shop
to sell me some slate carvings. She was very excited about a new
Celtic Cross design that she said had quickly become her best seller
at festivals. She said that one of her customers had found it on the
internet and commissioned her and her husband to make it. They did a
digital rendering of it and were now able to make vinyl stencils to
sandblast-carve it in several sizes and on a variety of products. The
cross is one of the designs on the webpage mentioned above,
illustrated as a bronze alter cross. It is my original design. I am
not surprised it was her best seller because in a jewelry version it
is one of my best sellers also.

I didn’t get angry about it, but I can’t ignore it either. She was
told that this was my original design and that I would let her use it
for her products as long as it was labeled “Original Design (C)
Stephen Walker. All rights reserved” She and her husband were very
skeptical at first and argued that “no, we got this from a customer,
who got it from the internet” as if somehow that was that. If it was
a stranger I would probably have demanded they “cease and desist”.
Since this couple are friends and their cousins and grandparents are
very dear friends, I would rather just let them have it, gifting them
license to use it. These people were clueless about the entire
concept of intellectual property and copyright. Although I tired to
be as nice about it as I could, I they seemed to think I was nuts for
insisting that my copyright notice should appear on their products.
About a week later I got a phone call from the husband, who had been
researching both copyright law and looking at existing designs. He
acknowledged that their customer got the image from my website. He
agreed that I was right and assured me that they would comply with my
wishes. In about a year the grandfather died and she made a large
slate cross using the design as a memorial to be displayed in the
church that her family and mine both attend. On the memorial plaque
it lists me as the designer.

I was just checking and found that the same design knockoff is now
being offered as on Ebay as a keychain, so I will have to get off
another cease and desist letter. If you are not too tired of the
subject to look at the evidence, go to ebay and search “Keychains
AHENNY-CROSS” and compare that to my design that you can find by
googling “Celtic Alter Cross” BTW the description of the keychain
cross on Ebay lifts some of its text from Wikipedia, which
ironically, I originally wrote. Not sure how they came up with
“Ahenny” for this cross. There are two medieval crosses in Ireland
at Ahenny, but they don’t look very much like this one.

For further reading, the subject of copyright and Celtic designs has
been beaten to death on the Yahoo Groups forum on Celtic Art.

Stephen Walker

I beg to differ, any judge will accept a secured piece of mail
from the US postal service, their date mark as a sign of ownership. 

The so-called “poor man’s copyright” is not only unnecessary but
useless. Obvious example: Mail yourself any number of unsealed,
empty envelopes. When you receive them, tuck them away somewhere.
Now, you can “prove” copyright on anything you please, at any time in
the future, simply by inserting a copy and sealing the envelope. No
judge is that stupid.

The best way to protect your rights is to register the copyright.
The best source of is the US Copyright Office:

I really don’t understand why rumor is so much more appealing than
facts from the actual authority.

Al Balmer
Pine City, NY

people -

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,"... 

perhaps some of you would like to join the forum i quoted in an
earlier post whose members based copyright on ‘i heard
that…’ people, plug up your ears, open your eyes and go to an
online search engines such as advanced google and start educating
yourselves on copyrights - and -wrongs!!

http://www.ganoksin.com/gnkurl/ep7z6x
http://www.ganoksin.com/gnkurl/ep7z6y

do it now -
ive

ah, mr. sam shaw - clever way to blow one’s own commercial horn:
coat-tailing onto an issue on orchid; having gone to your site, and
designs, i can understand why you would like to perpetuate the idea
that everyone’s design is based on someone else’s design.

HOWEVER, your protracted process criteria for arriving at a valid
design is not only waaaay off the mark, but strongly points to a
non-creative mind paradigm. technique just might be honed through
some of your absolute methodology, but to state that a valid design
can only be arrived after years of “… consistency of voice… etc.,
etc…” embarrasses the reader who sees immediately that it’s
originator is admitting to a failure in understanding creativity. a
drama critic might benefit from all the stilted requirements you
espouse, but a creative mind can arrive at the basis for a design or
even a design - without suffering through the angst your post
requires. and after nattering on forever [not] addressing the thread:
theft of mickey’s designs, you proudly announce

I never, no not once, did I ever look at her [mick website or
knowingly see any of her work...

for pete’s sake, sam - if you’re going to use orchid’s index to tout
your own jewelry, try to at least stay on-topic.

ive
those who can - do; those who can’t - teach; those who cannot do either -
pontificate.

people -
listen up:

...the way to avoid having one's work copied is to develop ones
skill to the point where copying would be very difficult. 
  • that is a platitude offered by those who haven’t created a design
    coveted by a copier - but it started me wondering just how, after
    ‘one has developed one’s skill’ to the ultimate degree, that
    development prevents someone from copying one’s designs??? does
    having skills not developed to the highest point invite
    infringement? do copiers copy only inferior designs? are those people
    whose designs are copied expected to respond, 'oh well, my design
    resulted without my skills being developed to the highest point, so i
    guess i can’t complain and just have to suck it up."?
... 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?" 

YES! we’re not talking “identical” we’re focusing on designs that
resulted from a creative process, not component catalog items.
picture this analogy of an easily researched timeless design, coco
channel’s ‘the suit’: if an unlicensed someone copied ‘the suit’ with
square buttons instead of round ones would that be legal? you bet
your wal-mart sweat suit it wouldn’t be!

i’ve concluded that there’s an important ‘pivot point’ that a person
who sees nothing wrong in trying to steal someone else’s mate or
design reaches once he or she gets a mate or design of their own -
they go from offering platitudes to asking how to fight that theft?
and imitation is NOT the highest form of flattery, IT’S THEFT! - and
those who don’t understand that should re-evaluate their personal
moral philosophy. … you may now return to your regular
programming…

ive
who has been there, fought that…

Wow Ivie,

I’ve never posted but your last quote was very insulting. “those who
can do- those who can’t teach…” I’ve been very fortunate to take
classes from amazing teachers like David Michael Sturlin, Alan
Revere, Jayne Redman, Cynthia Toops, Lynda Darty, Marcia
Macdonald…just to name a few. I’m sure many of the orchid readers
will recognize the names as industry leaders who DO. Thank goodness
they also TEACH. I am a high school metals and jewelry teacher and my
students benefit greatly from the generous artist’s above who teach
their techniques. These threads about Mickey and Amy are getting
nasty and unprofessional. Let’s move on.

Karen Tagg
SFHS Art Teacher

As Jim Binnion pointed out, when in doubt, read the law. It is
readily available on the internet.

Emie Stewart

perhaps some of you would like to join the forum i quoted in an
earlier post whose members based copyright on 'i heard
that...' people, plug up your ears, open your eyes and go to an
online search engines such asadvanced google and start educating
yourselves on copyrights - and -wrongs!! 

Pardon, but let me suggest getting your final from a
copyright lawyer–not the Internet. Laws have theirtwists and turns
leaving meaning open to interpretation (which is why we have law
schools as well as high and still-highercourts of law). A lawyer
knows what the law says, and also how the courts have ruled. The
lawyer I spoke with dealtwith international cases since the company
doing the copying was overseas.

Locally, things may have been different. I believe the quote goes
something like this: The man who uses himself for his lawyer has an
idiot for a client.

M.Whittle

I don’t know about you, but I go up to the window, have the piece
stamped across the back, and would never think of sending myself
empty envelopes. My comment is,…we do the best that we can with no
money…If it offends you, I am sorry. That was not my intention.
I will continue to secure some items with a simple mail to myself
safety net.

...the way to avoid having one's work copied is to develop ones

skill to the point where copying would be very difficult.

- that is a platitude offered by those who haven't created a
design coveted by a copier 

Au contraire! I have been copied, in much the same way as Micky’s OP
explained her situation. The only real difference was that it was a
salesman carrying my work as a second line that found it. He called
me wondering exactly how I intended to compensate him for his
commission, seeing as I was cutting him out of our agreement by
selling directly to his clientele. He was more than just curious, he
was hot. Long story short, I hired an attorney to send a cease and
desist letter, which he did. The knockoff artist ignored it. I talked
to the lawyer again a few weeks later and he asked me what I had done
to protect my design. I told him I didn’t think I had to do anything
because it was not anything anybody had ever done before and I had
dated pictures. After he stopped chuckling, he told me that he would
be more than happy to represent me, I would be required to pay a
$3500 retainer, and would be required to keep it up to date so it
would never fall below a $500 credit balance as long as the case was
pending. He then told me he thought we probably had a 50 - 50 chance
of winning, unless I could prove that a physical mold had been made,
which of course I couldn’t as it was mostly fabricated stuff. The
fact that any competent goldsmith could easily reproduce it without
molds didn’t help either.

'one has developed one's skill' to the ultimate degree, that
development prevents someone from copying one's designs???? 

Absolutely. Like many others on Orchid that have achieved some
degree of success, some of the jewelry I make is such that I
guarantee you cannot reproduce it. I dare say (and there are many
others who can say the same thing) that there are not a dozen people
on Orchid that can copy select pieces of my work to the point it
could be mistaken for mine. But they won’t because they have their
own style and skills and don’t have any need to copy anything. Even
if they do have a need to borrow heavily from someone else’s work (to
fulfill a customer’s request for instance), they’re going to add
enough of their own seasoning that it will undeniably be their work
in the end.

… 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?"

YES! we're not talking "identical" we're focusing on designs that
resulted from a creative process, not component catalog items. 

If “we’re not talking identical”, then why are you arguing the point
using the above comment that says “identical”? I don’t wish to repeat
my previous post Ive, but it does appear that the concept of words
having specific meanings has somehow eluded you. “Identical”,
“indistinguishable” and “similar” are three different words with
three very different meanings. In a legal context (which incidentally
is the context in which that comment was made), a bezel made with 22
gauge and one made with 24 gauge are not “identical”, even if they
are “indistinguishable” by the vast majority of people. If you mean
to say “indistinguishable”, then don’t use the word “identical” if
there is a possibility of legal ramifications caused by the naming of
a specific individual. That is the point I was making and the very
heart of the warning I was offering. Catalog components can be
identical, hand-made jewelry cannot be, by the very fact that it is
not a die produced, identically repeatable thing. Two such pieces can
be similar, yes. Indistinguishable, possibly. Identical? No. These
three words are not interchangeable when they are used or examined by
those in the legal profession whose top job description is to parse
and dissect the use and meanings of specific words. “It depends on
what the meaning of the word ‘is’ is.” Remember that one?

I don’t begrudge anyone the right to protect their designs. My only
point, and I think the point others have tried to make is that one
must carefully weigh the pros and cons of going the legal route,
either as a plaintiff or when making statements that might put them
at risk of being named as a defendant in a legal action. I found out
a long time ago that I prefer making jewelry to playing lawyer. I
find the whole process very upsetting, non-productive and very
expensive. If you want to sue everyone that makes anything that looks
like something you made, or dare to embrace the risk of a defamation
lawsuit by publicly calling someone out by name in a fit of rage,
then go for it. I’ll stick to improving my portfolio and my
abilities to make things that are not so easily reproduced.

Dave Phelps

I am going to say a bit about copyright, original design, finding
ones hand, I grew up in Montana. Charley Russell and Fredrick
Remington are both western artists on canvas, and sculpture. A person
who loves Russell’s work can tell the difference between them in a
heart beat. To someone who is not a lover of western art, they may
look the same. But, no one could “copy” Russell’s hand if they tried.

He loved the west, and loved to put it on canvas. The only reason
anyone knows who he is today is because he was lucky enough to be
married to a woman who knew how to market his work. If the woman he
married only knew how to rope, brand and castrate cows, his work
would no be known to anyone outside of Montana, instead of selling
for millions in Japan.

Roxy

Several years ago at the MJSA show in NY I witnessed the following:

At the Castraldo booth, John H. was cutting rubber molds for
demonstration. I came up just as he was cutting a mold for a lady
who had asked him to mold a piece of costume jewelry she had, so she
could have it made in gold. As he gets about half way down the piece
he sees a (C) copyright symbol. So John stops and asks if her company
made the piece originally. When the answer is no, John makes a few
cuts to free the piece from the rubber and informs her that it is
illegal to make copies of marked copyright pieces and he won’t do it.
He then slices the mold into shreds and tosses it in the trash.

Obviously, not everyone is as compliant with the law as John, but
the point is that the copyright notice was made and in this case it
was observed and obeyed.

It has been pointed out that original work is the intellectual
property of the artist or author upon creation, without any
requirement that it be registered or notice given. But that is hard
to defend and not very realistic to expect everyone in the world to
honor your claim of design ownership if you never express that claim.

The most basic things you should do to protect your copyright costs
practically nothing. Mark the piece with a copyright symbol and add
a notice of copyright to web pictures, brochures, catalogs etc. If
you make the claim before your work is plagiarized it is a lot easier
to defend. For cast work I stamp the (C) right in the model so it
casts onto the piece and I also write “(C) S. Walker” and the date in
sharpie on the outside of the rubber mold.

When someone makes an unauthorized copy of your work you should send
a “cease and desist” letter, which should be polite, firm and to the
point. It will be much more convincing if you show them evidence of
your claim to ownership. The best evidence is a copy of the paperwork
that registers the copyright with the government, but a photograph of
your piece bearing a copyright notice, catalog, link to a webpage or
anything that makes your claim appear credible is better than
nothing.

Following is the entire text of an “cease and desist” email I sent
yesterday:

I would like to bring it to your attention that the cross you offer
as “AHENNY-CROSS” is not a public domain design, but is in fact
copied from my original design, which can be seen at

http://www.ganoksin.com/gnkurl/ep7z7x

This is not the first time my designs have been copied and I
understand completely how easy it is to mistake new original work
done within the Celtic tradition as old, traditional and up for grabs
by anyone who wants to use the artwork for new products. The design
of this cross, which by the way has nothing to do with Ahenny, is
protected by my copyright and I reserve all rights to reproduction,
both commercial and private.

I must insist that you cease and desist from manufacturing and
selling this unauthorized copy of my design. The Ebay VeRO program is
very good about banning trade of copyright infringed items, but I
would prefer to bring this to your attention privately so that you
can voluntarily comply and avoid tarnishing the excellent record you
have as an Ebay seller.

Sincerely,

Stephen Walker

An attorney explained to me that the “mail it to yourself” copyright
idea is no good. It doesn’t work. However, I’m reminded of what
Oscar Wilde said. “Mimicry is the tribute mediocrity pays to genius.”

Dick

ah my dear M.Whittle -

Pardon, but let me suggest getting your final from a
copyright lawyer--not the Internet. Laws have theirtwists [sic]
and turns leaving meaning open to interpretation (which is why we
have law schools as well as high and still-highercourts [sic] of
law). A lawyer knows what the law says, and also how the courts
have ruled. The lawyer I spoke with dealtwith[sic] international
cases since the company doing the copying was overseas. 

gee, i gathered from your post above that you obviously think what i
posted about copyright laws was simply what i found when i meandered
around the internet willy-nilly, accepting as gospel anything about
copyright laws posted by anyone who knew how to get online - and then
i posted that mison Orchid - it would be totally
irresponsible of me had i done what you accuse - which didn’t happen!

well m. whittle, you will be relieved to learn that all of the
i put on Orchid, except that identified as personal
experience, was quoted from a government online source - as well as
two sites for - i suggest that you refer to them.

ALSO, my son’s father-in-law is is an federal appellate judge, and i
some nephews as certified attorneys, i am careful about quoting
material without research - which you might wish to do in future
before paying fees to this lawyer,…

The lawyer I spoke with dealtwith [sic] international cases since
the company doing the copying was overseas. 

…since there are differences between U.S. copyright laws and
international copyright laws. now, i do hope this relieves your mind

have a really nice day -
ive
who advises “think more now, regret less later.”