Friday, October 25, 2013

Question for you all - UPDATED

UPDATED
I have since heard from both the company and the consultant involved.
I have to say that the consultant did everything right, the company asked me if I wanted the workshop removed or if I wanted my name added to the marketing catalog (this was called the "Instructions Sheet" for consultants to download, however it was visible to all.
I advised the company that it looked like the consultant didn't do anything wrong and I am happy for her to host the workshop based on my ink storage unit (the consultant has made minor changes to it from my original design). My understanding is that there was miscommunication at work.
So all is okay with the world now :)
 
UPDATED
I have since dug deeper into my post on this storage unit and have realised that I okayed this lady to host a workshop on the storage unit. The lady also said that she would acknowledge my name as the designer, however I do not see anywhere on the company's catalogue that I am the designer, only that this lady "created" the unit. So I don't know what to think. Has this lady informed the company and they choose to ignore it? I have emailed the company and am awaiting a response. I will update this post if/when I receive a reply.

Question for you all - would love to know your thoughts on this please:

Remember how I DESIGNED & CREATED the Distress Ink Storage Unit back in September last year? Remember how I put it out there - instructions and all - for anyone who wanted to make it for themselves?
Was it remiss of me to not to add "please do not sell the design by way of a Scrapbooking Company class"???
Yes, I have just been informed by Kylie Powell (Shop and Crop Scrapbooking) that someone told her that they had seen this distress ink storage unit up for a class by a certain scrapbooking company and that this must have been where Jenny (me) came up with the idea) - WRONG!
The consultant for this scrapbooking company has mentioned that she got the design from my blog via Pinterest but on the scrapbooking company's web site Master Class Workshops - Beyond the Page Catalogue & that it was "created" by this consultant ? ?
Maybe she has changed the way in which she built it???
See for yourself and please let me know your thoughts on this.
Thanks
Jen




14 comments:

  1. This must be so frustrating seeing your work copied for profit! Similar stories are appearing on web more often. It makes me sad. Is this going to make us reluctant to share our art? For fear of it being stolen - but also for fear of not unwillingly stealing someone else's idea? I often wonder if "my" techniques are "original", or did I merely reinvent the wheel or was I subconsciously inspired by someone/something?

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    1. It's very frustrating, Pavla! I don't mind anyone taking it and making it. I just don't like the fact that it's being used for profit when my name is not being acknowledged as the designer. Oh well, guess that is what we gamble on when we put things out there *sigh*

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  2. I have to confess I hadn't got round to making one for myself (another thing on my to do list) but I have to say that I think what this company has done it totally unethical. If they wanted to use your design commercially they should have asked your permission to start with and then you should have had a share. Unfortunately I don't think what they have done is 'illegal' as you hadn't taken out a patent - but then what crafter does? Crafters by their own nature like to share their ideas. This sort of practise could change all that and the genuine crafters will be the losers.
    Beryl xx

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    1. Hi Beryl
      Yes, I have to agree with you here. I have updated this post as I have come across details where this consultant asked me about hosting a workshop but that she would acknowledge it as my design. So I'm thinking the company is not being fair here. I think the least the company could have done was to acknowledge me as the designer, that's all! I agree, the genuine crafters will end up being the losers unfortunately. Thanks Beryl :)

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  3. If you gave consent under certain criteria that have not been followed then they are under copyright infringement. Simple as, the price for making money off your design was credit and they have not done that. Watermark all your instructions with a none removable PDF file stating on each page I DO NOT GIVE CONSENT FOR PROFIT USE OF MY DESIGN. Or sell a commercial license and make some cash for buying more goodies.

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    1. Thanks for that Clare. I am in the process of putting a watermark on all my instructions. The final outcome was what should have been done in the first place, I share my work for personal use, never thinking that a company could take it and make money off it. Once burnt, twice shy.
      Smiles
      Jen

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  4. oh and you don't need a patent, they asked for use of your design therefore recognising that you are the designer, they don't have a leg to stand on. Ring the shop tell them that is your design and they haven't followed the criteria for making money off you and you now revoke use of the design and will be consulting a solicitor if they proceed to use your design. its £30 for a cease and desist letter from a solicitor here.

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  5. I struggle with this a lot as 95% of what I put out there is free. I've done a lot of thinking during my absence and have come to realize that (like you) I am always thinking up new things. The people that copy will not get ahead eventually. That being said I know it still hurts, and I know the anger... but please don't stop creating new ideas!!!!! I agree with Clare about the current issue. I hope they contact you soon. xo P

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    1. Thanks Paula, it has been a wake-up call. I don't sell all my creations (only one) and assume that they would be for personal use - how naive am I? Oh well. Ya live and learn!
      Smiles
      Jen

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  6. I'm so sorry this happened, Jen. I go to your blog and uStream channel for inspiration. I saw your Project Life storage and I came up with a way to make it out of boxes that keyboards came in. I still give you credit when I'm complimented on it because you were my inspiration.
    Please don't stop coming up with your amazing ideas because of one bad person!!


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    1. Thanks Barbara :)
      Yay for you making it with keyboard boxes! Would love to see a pic :)

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  7. I have not got around to making this yet but it is on my "to do" list, and I have your original tutorial saved in my files, A t is very frustrating when some one uses your work and says it is their own!!! Criminal in fact!!! My commiserations.

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    1. Thanks :)
      Don't forget to send me a pic of yours when you make it :)

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  8. Jen I made one of these from your instructions and all and put my own twist on it with a storeage box on top for the distress tools. When asked I tell everyone I got the design from you and that it is your design. If they want to make one I give them your blog information. That is how it should be done. I don't believe in taking credit for something I didn't design.

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