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Edit: The seller of the original item has NEVER contacted me negatively on this issue, and I wish to clarify this. I respect her and her work. I have been contacted by several other artists regarding this issue, but not she herself and I do not want to shed any negative light on her in any way.
~~~
I wrote a post a while back, that I won’t revisit, that displayed what was essentially a copy of a handcrafted item that I wanted for my wedding. I had contacted and followed the seller of said handmade good for about a month with no response, hoping to buy my own, and in the meantime, my gracious friend said that she would instead try to recreate a similar item for me as a gift, since I was having no luck with the seller. I was incredibly touched and what she made for me was incredibly personal, and incredibly meaningful to me, not because of what it was, but because of the love and time that was spent making it for me.
It consisted of fabric, stuffing, a couple golf tees, some wire, and a couple other miscellaneous craft supplies. No pattern was followed, no item was purchased from the original artist and reproduced, it was simply a replicated hand crafted item, from one friend to another, made with love. These items won’t be reproduced for sale, and will never be reproduced again.
I occasionally still receive hate/disgust mail in regards to the fact that my friend made this item for me. Which is perfectly fine, everyone is entitled to their opinion, and as a blogger, I understand that you always open yourself up to criticism with every post, and I welcome honest opinions, as I stand behind and believe in everything I do, and others should be able to freely voice their opposing opinions.
So, here, I’d like to encourage the debate:
DIY brides are inspired at every turn by everything they see: invitation designers, artists, magazines, catalogs, books, and even bloggers here at Weddingbee. As a Bride, when it comes to DIY’ing your wedding, when is it okay to copy something you’ve seen, and when do you cross the line into “ripping someone off”?
Furthermore, as an artist, when you see something of yours reproduced, do you feel slighted? Do you feel that if a bride cannot afford or does not have access to a particular item you sell, should she give up on her dream of having said item for her wedding or is it ok to try to recreate such an item for her personal use?
Discuss.
Unless you’ve gone and copyrighted the idea as your intellectual property, and especially if you post photos of your work on the web, people are going to make their own versions. Every one of us is getting ideas from each other, and from all kinds of other sources. In your case, where you made every effort to give your business to the artist in question, going ahead and orchestrating your own interpretation for your own use is just fine.
I hate to get all litigious, but that’s what copyright laws are for. If it isn’t copyrighted, it’s pretty much fair game in my book. Even if it is and you’re able to make something for yourself that’s a close approximation and not for sale, then you should be able to do it! I don’t think you or your friend is in the wrong at all, especially since you tried to purchase the item first.
I’ve seen a purse I used to handcraft ripped off and sold by others. As far as crafts go, I think it’s perfectly fine to take inspiration from someone else and make something for yourself. It’s a bit more complicated when someone takes an idea and makes it herself for PROFIT.
Everyone would do well to remember that imitation is the finest form of flattery.
I agree with suzanno. People should not post things on the internet that they do not want mimicked. In this case, when you sincerely tried to purchase the product, the seller should simply be upset with him/herself for making poor business decisions and missing out on a legitmate sale.
I don’t actually have anything more to add, so I’ll just agree with everyone above =) Besides, I think your friend did an amazing job, and it was a really sweet thing to do, so all the hate mailers can just go be grumpy by themselves 
@ErinSea–I did a little bit of research on this, and I know somebody around here is a lawyer, so maybe they can tell us for sure. But I was pretty sure that work was covered under common law copyright even if it wasn’t submitted to the copyright office?
I will be interested to see what people think about this, Pengy, and this is a very good topic so thanks for posting it. I’ve been a little hot on this subject recently as one of my co-workers seems to be stealing ideas for her own new business, which I think is totally wrong. I think I’m with Amanda on this topic–if you’re not SELLING the item, it’s okay. I think if you’re using it for your own personal use, it’s okay. ESPECIALLY in your case, as you made every attempt to get the original artist to make it for you.
Ditto, Cherry Pie.
Wow, hate mail? That’s hard core. All of our ideas come from somewhere, whether it’s from magazines, blogs, or somewhere else. I have a hard time keeping track of what I saw where. I can’t see why people would be mad at your friend for making you a gift. It’s not like you are selling it for a profit.
As a blogging bride, I fully expect people to read my ideas and file some of them away in their memory banks for future use. There’s no copyright on my wedding.
I too agree with pretty much everything said above. It would be different if you were reproducing said craft items for sale and distribution. Almost everywhere you turn, especially in the wedding industry, someone borrowed an idea from someone or somewhere else and made it their own, so I dont see the reason for the hate mail.
If you are putting something out there on the web then expect it to be copied. People copy things on the web all the time and unless you copywrite or patent then everyone has a right to copy it. Even with a copywrite if you are using it for your own purposes and not for profit or sale then you have the right to copy it (ex. music downloaded from the web).
one of the wonderful things about the web is the spread of ideas that can be copied or modified to suit each individuals needs and wants.
In your case you attempted to purchase it and were unsuccessful so the original creator (who is by far not the first to make said items as my great grandmother used to make them and many other similar items) has absolutely no cause to blaim anyone other than him/herself for the loss of a sale.
@Miss Cream Puff: I hope that more artists like yourself will participate in this discussion. Both sides have very strong arguments and I definitely understand the aggravation of seeing something you worked so very hard for so very long on be quickly and effortly snapped up and used for someone elses gain!
I’ve always seen design as a trickle-down world, be it fashion or anything else. The trend setters imagine and explore and show us what they think is amazing, and everyone plays off of it all the way down to the Walmart/Target level.
I don’t really see the difference in homemade imitation of an item vs. buying the “marc jacobs inspired” purse at Nine West? Or seeing an awesome skirt at Anthropolgie and mimicking the pattern at home on my sewing machine?
Public blogging puts us all in a strange place, but it doesn’t take my personal right to recreate something for my own use.
Being in the creative field is tough. It takes a lot of man hours to produce most items, so they are expensive. I think it is incredibly sweet that your friend was willing to take the time and effort to create something for you that you love. In many cases, the “real” thing is just far too expensive so the artist isn’t losing any business, you would not be able to afford her work anyhow. If I were a young photographer I would try to mimic the work of the greats, if I were a young musician I would aspire to create work like my idols and so on. Also, like others have said you didn’t try to create a business out of it, it was one gift for one friend.
I remember which item you’re talking about and I remember your original posts about your friend making said item and I CAN NOT BELIVE people email you and give your crap about it. Are you serious????
Honestly that makes me so upset that you have to deal with that.
This makes me mad especially because I consider the original item that your friend was inpsired by to be a VERY expensive item, and out of most brides budgets for such a small item for the wedding. Although I like the original item in general I just consider it overpriced and every time a bride buys one I’m truly amazed.
But those thoughts aside it just makes me so upset that brides on a budget are treated so poorly and are bascially told we aren’t entitled to the same type of things as everyone else.
Everything in weddings is a copy of something…there is very little to nothing that is original. The designer dresses are copied in shape and style by the cheaper design houses, the expensive shoes have their cheaper counterparts, and real pearls and diamonds have their faux version.
So no I don’t think it’s wrong in any way to make a cheaper version of that particular item your friend made for you.
Miss CreamPuff is correct that your original ideas are copyrighted the moment they are put into form, whether or not you submit to the copyright office. So no one else can copy this post of Miss Penguin’s and pass it off as her own, even if Miss Penguin doesn’t officially apply for a copyright.
Copyright protects a fixed expression of an original idea. It does not protect the idea itself. So the “idea” of what the artist did that the friend copied is fine. The problem could be if the copy is so similar that a reasonable observer would not be able to tell the difference between the artist’s and the mimic’s (allowing for different fabrics, etc). If the friend added her own “twist” to the idea, there is likely no problem (I say likely b/c there are copyright doctrines for next-generation work, etc).
If the artist wanted to file a copyright suit against the friend, it could be a pretty tough case. I think that you tried to buy it yourself weighs pretty heavily in your/her favor though. And there are some differences, and if I were on a jury I’d think they’re “enough” for you/the friend to prevail.
Isn’t law fun??!
just like the chinese are copying popular japanese/european car models and Forever 21 are copying major fashion houses’ designs, “copying” is just a way of life and unless your item is patented or copyrighted, what are you going to do? yea i guess you can sue them but ok, thousands of dollars of legal fees later, you are all in the same place.
i think hate mail is *ridiculous* .. you made every effort to contact the artist and it’s not like you’re selling it and competing! anyone putting things on the internet needs to accept the fact that people will either reinterpret your ideas or straight up rip you off (and sell it!)
if you are threatened by that, then don’t put your stuff online!
You know, if you do a Google search you can find patterns for just about anything.
My grandma made those for years… its hardly a new idea.
I think you gave the “artist” lots of credit and advertising in your original post. Shame on her for being a poor business woman and loosing the sale! and I’m glad you have a friend who loves you so much to go to all that work!
as a designer, i have looked at others work quite often for inspiration, but my end result is usually not the same as the inspiration since my professional work usually is not for the same type of client as the work that inspires me the most.
so while i don’t have a problem with DIYers taking inspiration from what they see online I do feel their is a difference between being inspired and duplicating. Duplicating is a big no no in my book and a problem amongst the design community.
i also feel there is a difference between posting a photo of your artwork on a community board like WeddingBee and posting it on your own personal portfolio/business site. While both are public places, I feel posting something on your personal/business site implies more ownership and copyright than posting on some place like the knot or wedding bee.
as a designer, i have looked at others work quite often for inspiration, but my end result is usually not the same as the inspiration since my professional work usually is not for the same type of client as the work that inspires me the most.
so while i don’t have a problem with DIYers taking inspiration from what they see online I do feel their is a difference between being inspired and duplicating. Duplicating is a big no no in my book and a problem amongst the design community.
i also feel there is a difference between posting a photo of your artwork on a community board like WeddingBee and posting it on your own personal portfolio/business site. While both are public places, I feel posting something on your personal/business site implies more ownership and copyright than posting on some place like the knot or wedding bee.
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Mrs. Penguin, Northern California Age and Occupation: 27, Weddingbee Editor in Chief Fiance's Age and Occupation: 30, Doctor of Physical Therapy Engagement Date: January 29, 2007 Wedding Date: June 7, 2008 Blogging Since: September 14, 2007 Venue: Winery in the Gold Country About Me: I love the Spice Girls, dogs with underbites, bean burritos, making messes, high fives, avoiding showers, crossword puzzles, blogs, weddings, and blogs about weddings!
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