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Topic: Getting in trouble from one of my tutorials on craftster/my blog  (Read 1007 times)
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lidehtium
« on: February 24, 2012 06:32:45 PM »

I came home today to see a few hundred views on my blog linked to a discussion on etsy (http://www.etsy.com/teams/7722/business-topics/discuss/9847640/page/1) which is about Claire's ripping off Tatty Devine's designs. Someone in the forum linked my dinosaur necklace (inspired my Tatty) that I had on my blog, and that I put here on craftster (http://www.craftster.org/forum/index.php?topic=393671.0) saying that I should get in trouble for doing this.

I honestly don't see the problem with a tutorial? I did not tell anyone how to make an exact copy of Tatty's necklace, just my interpretation of a basic idea for those who don't have 200$ to spend on a necklace.. There's dozens of links on the internet for tutorials of the sort (especially for anthropology, and those often are made to look exactly like the originals!) And I have no problem with any of them. If you want to DIY, then DIY I say.

I'm kind of nervous though that I'm going to get in trouble about this. Anyone have any helpful info or words of wisdom for me? I never meant to make enemies over something like this..  Undecided
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« Reply #1 on: February 24, 2012 06:55:10 PM »

I wouldn't freak out just yet, but keep an eye on it & make sure you have a basic idea of what could (but hopefully won't) happen for you. Personally, I don't think you should have too much to worry about because you are definitely the lesser of two "evils" given that you are a crafter, who is not realistic competition for a larger jewelry producer such as TD, compared to Claire's, a major national retailer who didn't even bother to re-interpret & re-figure their ripoffs. If they should decide to act against you, it opens up a Pandora's box for all craftspeople who create more affordable interpretations of pieces by companies like TD, Anthro or otherwise, on a small & largely unprofitable level.

And I don't know if you are aware of the recent scandal with H&M ripping off a small town artist, part of the success for her was due to the overwhelming voice of the Internet. I think that speaks rather strongly to the support of small artists. But that's an opposite example.

Disclaimer, I'm not an expert in copyright laws or any laws for that matter, so do your own research & consult a legal professional if it looks like there should be anything serious happening.
« Last Edit: February 24, 2012 06:55:57 PM by Painted Sparrow » THIS ROCKS   Logged

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« Reply #2 on: February 24, 2012 07:14:59 PM »

I don't know who you could get in trouble with.  I think yours is significantly different, especially when compared to the identical items that Claire's made.  The only way we (Craftster admins) would ever think about taking down a thread is if the original maker contact us and asked us to AND we thought it was significantly similar.
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« Reply #3 on: February 24, 2012 07:50:46 PM »

I think as long as you're not selling them or making a profit from them or the tutorial you should be ok legally. 
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« Reply #4 on: March 02, 2012 06:35:49 AM »

What? The etsy interwebs police volunteers assoc is sayin' we CAN'T MAKE STUFF ANYMORE?Huh Who do they think they're kidding?

You can only get into "trouble" if Tatty comes along with a "cease and desist". And so what if they do? You just take it down and get bragging rights that TATTY FEARS YOU.
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ItsHandmade
« Reply #5 on: April 30, 2012 10:22:55 AM »

From an artist's perspective I think it is very close to the original design and if I did the original I would rather see more of a variation of the concept.  You could do a different dinosaur for instance.  It is probably different enough though to not technically be infringing on the design legally.  I'm not a lawyer though.  Worse case you have to or decide to remove the tutorial.  You are not selling them and that is the big thing.  That is where people run into issues.  The truth is, not everyone is going to be able to build their own and the people who have the ability would never buy the $180 version anyway.  You are probably bringing a lot of publicity to the original and the original artist could actually be benefiting.  That's my take.
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