7 October 2019

Copyright issues


Last week I got involved in a discussion in a Facebook group about copyright/intellectual property.  It was an interesting thread but due to the format of Facebook (things move on so fast) I thought I’d make a blog post about the issue and an incident in my own life.

This is based on one of my own experiences about this problem and the following is what happened to me and my own personal feelings.  

A few years ago I was asked by a tatter if she could teach one of my patterns in a class. I pointed out that it wasn’t suitable as it would take far too long for the time allocated.

Six months later part of this 'too large' pattern, with the same stitch count (but the notation slightly changed), was offered as a lesson by this tatter as a new pattern/idea to a group who run regular Tat Days.  

The people concerned spotted that the ‘new’ pattern was part of one of mine and asked the tatter to put on 'her' pattern the origin of the 'new' design.  I provided evidence that permission was sought to teach the original whole pattern but not for part of it to be taken, repurposed and used in the other tatter's name.  This part of the whole design, I may add, was a new idea in Tat Land when I first designed it - 3D.  

The group insisted that attribution was given on the pattern so my name (and source) was added for those taking part in the class. Obviously the attribution could be removed for future use by the teacher concerned. 

Around six months ago this part of my original pattern appeared in a magazine in another country as somebody else’s pattern. Life gets more interesting. 

Even MORE interesting is that I recently overheard a conversation whereby the person who originally stole that part of my pattern was complaining about the following person stealing ’her’ copyright/intellectual property. 

Hang on, I nearly said, you stole from me so why are you complaining about somebody stealing from YOU. I probably should’ve said something but that's not my 'way'. 

So, what I’m saying here is that copyright theft HURTS. The amount of hours that went into that innovative part of that pattern was enormous and I doubt anybody reading this blog post would even realise that it was innovative back in those days (2003/4).

I’ve seen further instances within the past month in new books coming out where theft of copyright/intellectual property is definitely a concern. If you suspect theft then please don’t buy the books or online patterns and please tell the owner of the copyright/intellectual property.

I'm gradually pulling out of designing as I'm terrified of stepping on somebody else's toes but I always check as far as I can before I publish.  Another reason to pull out is because I don't appreciate my own hard work being abused either.

I do have three midi snowflakes I'm currently working on and which I'll show you soon but they won't get onto the web site until I'm positive that they are original or (if not) that I can attribute the source of my inspiration even though they came out of my own BC3.  I see nothing wrong with using another's work as a 'starting point' but that should be noted on a pattern and due recognition given.  

I'm not just 'saying' that's what should be done as I do stick by my own rules even if something I've used as a starting point turns out very differently I'll still attribute the original inspiration.  See this link as just one example.

I also believe in cooperation and work happily with others to change things or add things to my own work.  See this link too.  

There's no  point in becoming a 'famous designer' (something I still aspire to) if you can't play fair as at some point you will be caught out and your good reputation will be gone.

23 comments:

Maureen said...

It must have been very upsetting to see your design used by other teachers, I can absolutely understand how you must have felt. I really hope you never stop designing! I don't know anything about copyright laws, and especially not about international copyrights, but I think this is the unfortunate bad effect of the internet. I don't know how you stop it, even if the designs were in a book instead of being generously and freely available,it would probably still happen. I buy Japanese books, and when I am browsing on Etsy I see so many books for sale as pdfs, for only $2 or$3. Obviously the entire book has been stolen and scanned.

Jane Eborall said...

I rarely buy books, Maureen but did buy a Jan one while I was in America because there was one pattern in there that I wanted to do. Even though a scanned copy would've been available from a friend I wouldn't take it. I was appalled to see a copy (centre slightly changed BADLY) in a new Japanese book. Theft is theft is theft.

Lyn Clements said...

That is so disrespectful. Sad that it gets to a point where you don’t want to design new patterns! I think anyone that designs patterns have a great talent and I for one am amazed of your creativity. Thank you for your patterns and the help you so freely give ����

Liyarra said...

This major discussion certainly got tongues wagging and opinions flying!
Sad that people want recognition without effort.
Always happy to see what BC3 comes up with and always happy to bounce ideas off you without ever worrying about them being swiped!
Love and appreciate you and everything you do for the tatting family.
I hope nothing ever changes that.
Famous? Must be if someone travels half the world to say gidday!!
Luvs ya xx

Tim Kaylor said...

Jane, this has come up recently in the PTG also. I totally agree with you. I will not violate copyrights.

Lace-lovin' Librarian ~ Diane said...

People can be thoughtless and sometimes cruel. I posted an Ice Drop pattern over a year ago, and soon after I noticed that it was very similar to one Wally Sosa had tatted. I contacted her immediately and apologized. I was going to remove the pattern, but Wally said it was different enough from hers that I should keep it in the group.

I'm sure there are times when we all inadvertently use a design or a design element that has inspired us, not realizing what we're doing. However, blatant misuse of a pattern as in your situation is just plain WRONG!

TJ said...

I already think of you when I think of an innovative tatting designer. I would likewise be mightily upset if someone stole my design. It appears that there are more than a few people who do not respect someone else's hard work. I don't feel there is any solution. I am sorry your designs won't be available as you have such superb techniques but, like you, see no other way.

Tim Kaylor said...

Jane, you ARE a famous designer. Look at all the patterns you have designed on your website. Or the TIASes. You are there, dear. You are there.

Jane McLellan said...

I came across one of your patterns in an odd place at the weekend, wrote notes and what not, but it leads back to your pattern, with your name and all, so I decided it probably isn't breach of copyright. But these things can be tricky! Not always as clear cut as in your story here, which is theft plain and simple. If you want the details, let me know.

Jeanne said...

My so sorry this happened to you. It’s very sad when people steal designs and it upsets me when someone asks to “photocopy” a pattern instead of paying for the designer’s work. I can only imagine how terrible it feels to have a teacher or another designer steal from you.

I really enjoyed the 2 classes I took with you at Tat Days. Your patterns are well thought out and must take a lot of trial and error to get them that way. It’s always a pleasure to see what you have been experimenting with.

Rose Anne B said...

Adding to that, I always try to note the pattern name and designer when I post or for sure when asked if I forgot.

Leonie said...

I agree with all that has been said. How ever when there are so many patterns and books available, it is hard not to come up with something that has already been done. I am sure we try, perhaps tatters should do there own thing and keep it to themselves. We don;t all need to be designers. I will have to live for at least another 300 years to tat the patterns that have already been designed and published. Happy tatting and keep smiling.

Jane Eborall said...

Thank you to all who have taken the time to comment and to be so supportive.
Luvs ya back, Liyarra. You’re a darling.
Thanks for the link, Jane. That doesn’t worry me as at least the person had linked back to the original url on my site. Kudos to them.
Yes, Jeanne, when a thief complains that they’ve had work stolen from them (MY work) then that’s very sad. Good to see you in class too.
I agree Leonie but it’s up to the designer to thoroughly check before publishing. Not easy to be totally sure after that either. BUT to actually copy and deliberately like this incident is beyond belief.

God's Kid said...

I agree with you!
From the time I learned about tatting in 2010 I have heard this over and over and have seen it on the internet in scary amounts. Just because you can is not a reason you should! There is definitely a right from wrong and people need to learn it and apply it!
Your designs will be missed terribly if you quit, but I can understand if you feel the need to!!

Jane Eborall said...

Thanks, God’s Kid. When I started tatting 63 years ago nobody had access to so many patterns and we just respected those who designed and published. I ‘fell’ into designing (or, as I think of it, playing with ideas) by accident. I’ve never wanted to be a designer but want to share my ideas.

Teresa said...

So very sorry this happens BUT PLEASE PLEASE don't stop creating your wonderful items. I am currently working on some of your snowflakes, so very beautiful! I have done a number of your patterns. I am not creative at all but I can follow most patterns and diagrams. If I and others who are not creative do not have these beautiful patterns we are not able to do tatting.

Jane Eborall said...

Thanks, Teresa. I’m trying to clear some patterns off my computer and onto the web site and I’ve got a few more snowflakes that you maybe interested in. It’ll take me a week or two!!!

Ladytats said...

Sorry you have had trouble with copyrights again. That is very frustrating I am sure.
I know that many of us enjoy using your patterns and while I haven't designed very many, I can understand your feelings on the subject.
And Jane, you are a Fabulous Designer and a Famous one as well. don't sell your self short.

Judith Connors said...

I'm in agreement as well. As one who has had an entire book scanned and offered for sale (project by project) on a blog in France, and another book 'pirated' in Poland because it was OOP (out of print), I whole-heartedly appreciate what Jane has experienced. I am thankful for good friends who alert me to breaches of copyright, so we can try to encourage good manners and etiquette wherever we are confronted with infringements.

Keep on designing, Jane.

Emily Daniels said...

I’m so sorry this happened to you. You are such a lovely person and are so generous sharing your patterns. It’s a shame that people take advantage of your kindness and then to complain on top of it is just horrible. I hope you continue to design as I love your patterns but if you need to take a step back I would understand completely.

Sally Kerson said...

Probably been said above, but yes when people design patterns they certainly don't need others stealing them and claiming them as their own, thoughtless and inconsiderate to the extreme. As long as you keep designing and just send me the patterns that is fine Jane!! Sorry everyone else but that is one of the perks of being her sister!

M. Leigh Martin said...

First time caller, long time fan. ;) I buy a ton of books, and magazines, and kits, and anything with words printed on it having to do with tatting. When I started the craft bibliography project, I was extremely worried that I would get deluged with requests for photocopies of patterns. That hasn't been the case, though. Yes, I get the occasional yahoo who thinks I'm a clipping service, but that's actually rare. People generally use the site the way it's supposed to be used. That said, people use the internet to steal because it's easy - really really easy - to do so, and their risk is very low for there to be any serious repercussions, like going to jail or being heavily fined. Heck, I'd settle for a 1,000 hours of community service and an ankle monitor. Until policing changes, thieves will take the easy money. We need to change laws and beef up policing and enforcing the laws we have. Individuals can't do this. Governments have to - which means we have to make our respective policy makers understand that it needs to be on their agenda sooner rather than later. But no one wants to spend the money necessary to protect starving artists. Until attitudes change, nothing will change. So how do we change attitudes?

Jane Eborall said...

I wish I had the answer, Leigh.

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