I sent this to all the jewelry genies, but it applies to a lot of other art too and just wondering how to "feel better about this" situation. Today I was shopping in a nearby town, one in which I had a booth at an art fair last month. I stopped in a jewelry/bead shop. There in the display case for sale was not only my original piece, but a couple more copies also. I asked to see the piece (it definitely was mine, no question) and I asked where the owner got it. She said she made it. She said "isn't this a beautiful and unique design." I frankly didn't know what the heck to say. I am trying not to be mad as hell, because she did buy it from me and I guess I could think that what she does with it is up to her. I don't know it just doesn't set right with me for some reason.
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I saw one of my paintings in a "one night painting class" and sued the panty hose off of them. Heck I went and took the class of the painting THAT I painted! Told the teacher to call the owner because Heather Jordan was wanting to have a chat with her......won the case and I never left town. You are an artist and work hard...it is easy to copy. Approach her with a smile and a legal tongue.
and this is why every piece I make is photographed before it is ever for sale. The fact that she claims to have made the original is wrong on many points. Take some deep breaths.. then at minimum I would go to her with proof you made the piece in the case and ask her to stop claiming she made that particular necklace. Honestly, it isn't nice, but it is very hard to stop someone from copying a piece after they purchase it.
What happened with this Susan?
I think Robert has a good point of branding your work - a specially made "something" made into the work that isn't easily copied.
As far as proving you did it first, do you keep a dated stock book as you make your work?
My 2 cents - I would be somewhat careful in making too many threats to someone that has already made copies; if she was really sleazy – “Hey I’m not copying her, this is my design – she’s copying me”. It would probably be extremely difficult to prove who made the first one. Remember if she wanted to she could likely hurt your reputation/cause you as much grief as you can her. I may approach her and ask her to stop – however at this point I would be happy that she bought one piece and just didn’t go to my website and copy the design from a picture. If you’re not already then make sure to label/brand/put your mark on any of your work so you get “credit” for it.
I’m not saying to back away from the fight – but make sure it’s worth it to you before opening that can of worms.
Wow, You are much nicer than me, but most people are... I would have let her have it right there. And frequently a well placed threat is better than action. good luck
Susan, if talking with ehr doesn't work, go to the Roxanne method and let us know how things work out.
Susan, Roxanne's first two paragraphs said what I would have said, so I don't have anything new to add. Mark up your pieces to her prices and talk to her about what she's doing with your work without permission.
Please let us know what you do, we are all hoping you punch her lights, but talking is probably the right thing to start with. I have a feeling that she has no morals and won't care, how many jewelers has she done this to and will try with others in the future. So keep a clear head if you take her on, and remember you can always punch her lights out...
Jacque, I like the way you think!
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