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inspiration?

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PattyJohnson
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inspiration?

Postby PattyJohnson » Wed Mar 31, 2004 4:35 pm

Well here I am bringing up a subject that was discussed in much detail...however this is now my 3rd email from people on the boards who think someone has copied my work.

I would like to know what you all think... and what you would do.


http://www.alternateversion.com/plj/gal ... stones.php

http://www.huffmanstudios.com/memory-pendants.htm


Patty

Brock
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Postby Brock » Wed Mar 31, 2004 4:54 pm

I wouldn't do anything. I wouldn't even have posted about it.

Do you really think you have some kind of design exclusivity on dichroic cabachons?

I'll alert the World Court in The Hague.

Sorry, but this is VERY SILLY.

U Thant
My memory is so good, I can't remember the last time I forgot something . . .

Phil Hoppes
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Postby Phil Hoppes » Wed Mar 31, 2004 5:00 pm

The pictures don't look similar to me, I'm sorry. If you feel the concept of putting someone's ashe's as unique to your work my guess is that may not be the case either. I would guess that a little more research would probably find that there are a number of cases/times over history that this has probably been done.

Again, as has been rehashed many times, it is not technique so much as what you do with technique.

My advice is be true to your own work. Search for your own means of expression.

Phil

Tyler Frisby
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Postby Tyler Frisby » Wed Mar 31, 2004 5:01 pm

brock is right

Andrew
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Postby Andrew » Wed Mar 31, 2004 5:38 pm

Do what any good capitalist would do. Slash your prices and flood the market until you drive them out of business.

Unless you want to pursue some trademark infringement and make the lawyers rich . . ..

Cynthia

Re: inspiration?

Postby Cynthia » Wed Mar 31, 2004 5:53 pm

PattyJohnson wrote:Well here I am bringing up a subject that was discussed in much detail...however this is now my 3rd email from people on the boards who think someone has copied my work.

I would like to know what you all think... and what you would do.


http://www.alternateversion.com/plj/gal ... stones.php

http://www.huffmanstudios.com/memory-pendants.htm


Patty


I wouldn't do anything. If you are the originator of firing cremains into glass and have some kind of patent, that's a different story I suppose. But I doubt that is the case since I have been aware of people doing this all around the world. I first heard about doing this from a friend in Brussels. I don't think the idea is original and anyone who wants to can persue this line of incorporating cremains into fired glass.

The whole idea is to do something that is highly accomplished in design and craftsmanship if capturing the market is what this is about. Capture it with really strong work and don't worry about what everyone else is doing.

Goldfinger
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Location: Missouri

Inspiration

Postby Goldfinger » Wed Mar 31, 2004 5:54 pm

The courts are already over burdened with cases. Unless you want to make a lawyer rich- go ahead and sue. Your idea itself is a variation
that goes back quite a long ways. The difference is- it's in glass.

Steve

Glenda Kronke
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Postby Glenda Kronke » Wed Mar 31, 2004 5:54 pm

Hi Patty,

Please don't think I am trying to start an argument or anything. Far from it. I just want to show a different perspective.

Before I knew that you were talking about fusing ashes in your pieces, I looked at your bowls section..... I could have very well asked the same 'copying' question of you. Take a look at our website, especially our sink section, where you will find a "Fallen Leaves" sink. (Copper & brass leaves fused between layers of float glass). We have been making bowls, platters, plates and even lighting with leaves as the design element for a long time.

I know that fusing copper inclusions is not something new and I'm not going to suggest that using a fish or leaf design is copying either. I am just saying that just as you have named one of your bowls 'Falling Leaves' and we happen to have been selling our 'Fallen Leaves' design for over 10 years, that sometimes these things just happen. It doesn't necesssarily mean copying. (I am just offering you an example)

Fusing loved ones ashes in glass is not new. (I did the same thing with glassblowing over 20 yrs ago). That you and this other person had the same idea could be just coincidence....or not.

Anyway, take advice from others on the board and don't worry that someone is copying you. Do what you do, do it well and your work will speak for itself.

glenda

Kelly Burke Makuch
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Postby Kelly Burke Makuch » Wed Mar 31, 2004 6:00 pm

:( I agree with other posts. I only see that you are both using the same technique.

I'm sorry if this is bothering you on any level..but please consider this bit of advise I was given many years ago when I had my draft book of poetry stolen and my name was erased and the unmentionable being wrote in their name in it's place(before computers).... "to be copied is the highest form of compliment." Harold Levine

I'm not saying I feel you were copied...but ..Remember, there aren't many unique thoughts in life. We're ALL inspired by others.......that's Art --that's life.
Art is meant to be shared...with that there are risks. Find your strength in the uniqueness of your own hand. Develop a new technique...just a thought..

PattyJohnson
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Postby PattyJohnson » Wed Mar 31, 2004 6:36 pm

Well first off... I would like to thank those of you who took the time to post an honest and thoughtful reply.
I never said I thought I had some design exclusivity or that I was the only person to ever do such a thing.
The reason I wrote was because the people who emailed me felt there were alot of similarities from the name right down to the ordering and the kit. ( and I agree there does seem to be alot of similarities )

I just wanted to know what other people though...not feel like I'm being attacked

Tim Swann
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Location: San Diego, CA

Postby Tim Swann » Wed Mar 31, 2004 6:44 pm

I looked at both web pages and did not find anything that would protect from copying either product. I agree that the products are very similar and certainly one could be a copy of the other. It is impossible to determine whom had the product first from the information presented on the websites other than the copyright dates used. You seem to have the advantage by one year based on the copyright date, but this appears to only apply for the issuance date for the website. Either on of you may have had an earlier printed document with an earlier copyright date. In this case I do not believe that the copyright will protect you from someone copying the concept. Something like this would have been better protected under a US patent, if it could have been obtained. The patent is a little more expensive to obtain, but it is much easier to defend and stop a person from coping what you developed. At this point, neither of you can obtain a patent on your products due to public disclosure and length of time.

I did a quick search at the USPTO for trademarks on the term “Memory Stonesâ€

Tim Swann
Posts: 83
Joined: Mon Mar 10, 2003 9:47 pm
Location: San Diego, CA

Postby Tim Swann » Wed Mar 31, 2004 6:51 pm

Glenda Kronke wrote:Hi Patty,

Please don't think I am trying to start an argument or anything. Far from it. I just want to show a different perspective.

Before I knew that you were talking about fusing ashes in your pieces, I looked at your bowls section..... I could have very well asked the same 'copying' question of you. Take a look at our website, especially our sink section, where you will find a "Fallen Leaves" sink. (Copper & brass leaves fused between layers of float glass). We have been making bowls, platters, plates and even lighting with leaves as the design element for a long time.

I know that fusing copper inclusions is not something new and I'm not going to suggest that using a fish or leaf design is copying either. I am just saying that just as you have named one of your bowls 'Falling Leaves' and we happen to have been selling our 'Fallen Leaves' design for over 10 years, that sometimes these things just happen. It doesn't necesssarily mean copying. (I am just offering you an example)

Fusing loved ones ashes in glass is not new. (I did the same thing with glassblowing over 20 yrs ago). That you and this other person had the same idea could be just coincidence....or not.

Anyway, take advice from others on the board and don't worry that someone is copying you. Do what you do, do it well and your work will speak for itself.

glenda


I too have plates with similar copper leaves and I can say they were not influenced by anyone else.

Tim

Brock
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Location: Vancouver, B.C.

Postby Brock » Wed Mar 31, 2004 7:23 pm

PattyJohnson wrote:Well first off... I would like to thank those of you who took the time to post an honest and thoughtful reply.
I never said I thought I had some design exclusivity or that I was the only person to ever do such a thing.
The reason I wrote was because the people who emailed me felt there were alot of similarities from the name right down to the ordering and the kit. ( and I agree there does seem to be alot of similarities )

I just wanted to know what other people though...not feel like I'm being attacked


Thoughtful

1) occupied with or given to thought, contemplative, meditative

2) characterized by or manifesting careful thought

3) careful, heedful, or mindful

4) showing consideration for others

I gave you 2 but you really want 4.

This is what you asked:

I would like to know what you all think... and what you would do.

When I am asked what I think, I often answer!

No PC hypocrisy, no couching it in the softest terms, just answer!

And I did.

If you had put your question in terms that usually moderate the response, like, "please be gentle", or, "I'm a newbie" I wouldn't even have responded. And, you haven't been attacked. Brock
My memory is so good, I can't remember the last time I forgot something . . .

Kelly Burke Makuch
Posts: 37
Joined: Tue Mar 11, 2003 10:42 pm
Location: Connecticut

Postby Kelly Burke Makuch » Wed Mar 31, 2004 7:51 pm

no attack intended.

Goldfinger
Posts: 54
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Location: Missouri

Inspiration

Postby Goldfinger » Wed Mar 31, 2004 9:24 pm

Do you see any similarities between McDonalds and Burger King?

Steve

gone

Postby gone » Wed Mar 31, 2004 10:45 pm

Did you contact Linda before you posted your message? She's a friend of mine and I know her well enough to be sure any similarities are a coincidence. If I were her, I'd be pissed off at being accused of copyright infringement on a public forum like this one.

PattyJohnson
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Postby PattyJohnson » Wed Mar 31, 2004 11:03 pm

Els VandenEnde wrote:Did you contact Linda before you posted your message? She's a friend of mine and I know her well enough to be sure any similarities are a coincidence. If I were her, I'd be pissed off at being accused of copyright infringement on a public forum like this one.



No I didn't contact her..and I didn't accuse her of anything...I have received 3 emails in the past few months from people who thought she had copied me...I just wanted to know what others thought.

kelly alge
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Postby kelly alge » Fri Apr 02, 2004 11:14 am

I would compare it to firing wine bottles, lots of people do it, it's not an original idea. Some add wire hooks, some decoupage the labels back on, some put on bumpons, etc.
kelly alge

"An ordinary life is a crime" -eric schmider

Bert Weiss
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Postby Bert Weiss » Fri Apr 02, 2004 12:29 pm

PattyJohnson wrote:
Els VandenEnde wrote:Did you contact Linda before you posted your message? She's a friend of mine and I know her well enough to be sure any similarities are a coincidence. If I were her, I'd be pissed off at being accused of copyright infringement on a public forum like this one.



No I didn't contact her..and I didn't accuse her of anything...I have received 3 emails in the past few months from people who thought she had copied me...I just wanted to know what others thought.


Feel good about yourself that you came up with an idea that was good enough to copy. Now think of another one.
Bert

Bert Weiss Art Glass*
http://www.customartglass.com
Furniture Lighting Sculpture Tableware
Architectural Commissions

PattyJohnson
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Postby PattyJohnson » Fri Apr 02, 2004 12:34 pm

I apologize...it was never my intention to piss anyone off or accuse anyone of anything ...if there is even anything to accuse anyone of.
But when total strangers take the time to contact you....you start to wonder...is there something to this?......I didn’t know
Is there something that could be considered a copyright issue?....I didn’t know.
I was honestly just looking for answers to these questions.
I had seen other similar posts on the board and really didn’t think I was doing anything wrong. Maybe they weren’t members of this board.
So much was read into this...and maybe I did go about things in the wrong way....I just hope I have been able to make my intentions clear....which was to get answers and others opinions only...I wasn’t trying to accuse or embarrass anyone.
Patty :(


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