Am I totally unreasonable?

[kelly alge]

I have been fusing for about 8 years. I've been teaching fusing for the past several years,and I sell my pieces (jewelry and panels) in a few select galleries within 150 miles of my home. Recently a customer of mine saw a piece in a gallery identical to one she had purchased from me a year before, thought it was my work, ( I make and sell LOTS of these) and then found out from the gallery that it was the work of one of my past students. I contacted the student, explained the situation, asked her kindly to stop making this design, and to pull the ones she has in stores. I gave her the benefit of the doubt and supposed that she had seen mine in class and accidentally copied it. I have my work out during my classes for "inspiration" purposes, but ask that students not copy designs.
Here is the part that I'd like some opinions on... This is a simple design made with CBS 1/2" dots, which is a regular pattern. I use a base glass in black, then a square of turquoise, red, or purple, then a square of black, then a single 1/2" dichro dot on top. The end result is black outline, color, black, then dichro dot. I know that there are certainly others out there with very similar pendant designs, and I'll admit that it takes next to no creativity to make this. However, it is a big seller for me, and my customers recognize it as my work. The student gave me a line about how this is about the only way you can use this dichroic pattern, that she agreed not to seek out this kind of glass in the future, but she felt she would continue to sell the ones she has in stores and use up the rest of this pattern to make them, because she had invested her time and money in producing them. (I don't know how many there are, but I'm guessing less than 15-20) This pendant is the exact same size, layup, and color as the ones I make. The student feels that I'm unreasonable to ask her to pull her things and stop making this one design. I'm upset that my customers might see her (lower priced, less quality) things and think they are mine. This is not a huge financial thing, it's more the principle than anything. For someone to say that there's no other way to use this glass other than to reproduce my exact design is idiotic to me. This same student also has things in a store that were made in my class that I fired for her. (that doesn't really bother me though, at least she designed them) Please tell me if I'm being unreasonable- maybe I'm too angry to think clearly.

[Brock]

I don't think there's much you can do, other than appeal to the store owner. A student of mine copied my work years ago. and I went to the gallery with my portfolio, proved that I had been making this work for years, and the gallery owner pulled the student's work.

I think that the attitude of the gallery owner may have been an exception, and is less likely in a store situation, with less expensive work.

Good luck,

Brock

[Kitty]

one benefit of letting the student know that you've found out about them copying your work is they may think twice about doing that again. every time that person looks at one of their dot pendants, the joy will be gone. imagine being that person and not having the creative juice to come up with a different idea than the one they took from you. you're definitely not unreasonable, and i think it's great you brought it to that person's attention. ethics matter. kitty.

[Cynthia]

... This is a simple design...my customers recognize it as my work. The student gave me a line about how this is about the only way you can use this dichroic pattern... This pendant is the exact same size, layup, and color as the ones I make. The student feels that I'm unreasonable to ask her to pull her things and stop making this one design. I'm upset that my customers might see her (lower priced, less quality) things and think they are mine... For someone to say that there's no other way to use this glass other than to reproduce my exact design is idiotic to me...Please tell me if I'm being unreasonable- maybe I'm too angry to think clearly.

I don't think you are being unreasonable, but I think Brock is right unfortunately. Not much you can do about it other than what you have already done and have a chat with the gallery rep. Perhaps the ethics of the gallery rep will be high enough to remove the plagarised work and return it to your former student.

It is absolutely bizzare to me that someone could say that there is only one way to design with the dot dichro. We all have the same access to the same materials, yet we create our own designs.

Maybe you could consider letting that design evolve a bit and take it to the next step in it's design concept. One way to stay a step ahead of those who will directly copy your work is to keep it fresh and changing. Make a limited series of the same design, then give the same concept just a little and new twist for the next iteration. But I sadly expect that to keep one from directly copying your designs may be a losing battle.

Sorry that happened to you. Hopefully the gallery will stand by you and support you. Depends on their bottom line though and it might be money more than maintaining a good relationship with you. Then again...maybe not...worth having that discussion to see where they stand.

You could forward the link to this thread to her and let her hear how the rest of the community feels about plagerism.

[Geri Comstock]

I don't think you're being unreasonable. She's copying your design exactly, I assume, from what you said.

I'm sorry this has happened to you. This is one of the risks of teaching and showing your work to your students. Some students just don't get the concept that copying isn't ethical. They know a design sells and they copy it because they want to sell their work.

Perhaps you should add a section to your classes on ethics that underlines this concept more thoroughly for your students. It may prevent another occurrence of this.

Recently, I read on another board about a sterling jewelry designer who had someone make molds from her castings, made their own castings and sold them. A "cease and desist" letter from an attorney apparently cleared this problem up for her and the copyist turned over the molds to her, as well as all unsold inventory.

In this case, such a letter is probably overkill, since she has so little inventory (15-20 pieces, I believe you said).

Cynthia's suggestion about changing your design a little so it's clear yours and hers are different is a good one. Perhaps you should sign your pieces or add a hang tag to them to further differentiate them from those made by the copyist.

Best of luck with this unfortunate situation.

Geri

[Kitty]

i like the idea of signing the work. i make a lot of pendants in various styles, and have pondered having a miniature fire-on decal made of my logo to put on the back side -- it's has the form of an Asian "chop" mark, but is my logo, not an ideograph. having read this thread (and a few others of a similar nature) i think i'll get busy. thanks for that idea. kitty.

[Susan Slack]

I am also a fusing teacher. One day I had a plate in the studio. It too was not anything complex, however it was very striking. The next week I had 5 people make the identical plate and leave it for me to fuse. I no longer leave my work where it can be seen by my students. They also come in a look at each others work and copy it. Learning from each other is one thing, exact copying is something else.

[kelly alge]

Thank you all for your advice, I am going to contact the student again and try to resolve my concerns. I do sign my work, also with an asian style mark (really it's a symbol that incorporates my initials) and I know that my customers would know the copied designs from my things by this, just not at first glance. I really think that a lot of people in general (especially those who want to be creative, but aren't) see absolutely nothing wrong with copying something they like. I do cover plagiarism in my classes, and try to emphasize the wonderful design differences a group of people can come up with using the same materials. I think people are often quick to discount the whole issue and turn it into "I paid for the class, I'll make what I want". It is a difficult concept for the "copier" to realize the impact it can have on someone who relies on the sales of their work for their income. I need to come up with a better way to address this in my classes to sound "firm and friendly" at the same time. Nobody wants to come into a class for the first time and hear a teacher get on a rant about this stuff before they even get to make anything. (Although I feel like doing it sometimes)
Thanks for the advice!

[Strega]

I am also a fusing teacher. One day I had a plate in the studio. It too was not anything complex, however it was very striking. The next week I had 5 people make the identical plate and leave it for me to fuse. I no longer leave my work where it can be seen by my students. They also come in a look at each others work and copy it. Learning from each other is one thing, exact copying is something else.

As artists, this is so hard to fathom, because because art IS creativity; why copy someone else, where is the personal statement in that? But I think that many people want to be artistic so they take a class. They think that by copying an artist they become one. Ironic, really.
Then again, I was told in gradeschool I had no artistic talent because I didn't copy what the teacher did.
These students may become excellent craftsmen, but that is all. No one will seek out their work. It will never have that spark. It won't evolve.
They will always make Knock-offs.
All we can do is find a way to put ourselves in our work so our customers seek us out. Find a unique way of signing-and tell your customers to look for that signature.
..I like the "chop" idea, do you ingrave or have you made a mold? It could be engraved into your molds...
Tell your students that copying is not creating, it is stealing. Knock-offs. Like selling fake rollexes in the alley....They probably won't get it...

[Barbara Cashman]

Then again...they MAY get it. Many students don't understand the differences between copying and emulating. Our job as mentors, instructors, or whatever, is to educate. If someone blatently ignores the ethics for the perceived financial gain, then clean their clocks. I figure that's a "No-holds-barred" situation. Anyone with no conscience will continue to do what serves them until (and only until) they realize there are severe consequences to their actions, and someone is willing to act on them. It is not up to us to redesign our work to suit the circumstances so everyone can play nice. No way! Your design is your design.

[Bill J.]

I have a friend who works in metal. Laser cut images. Raelly cool. He started by making ducks usin river rocks as the body. after a couple of years three exhibitors at the shows we frequent were doing the same thing. his philosophy is to keep pushing himself. His work now is so much better, experssive and creative.

In addition, It happens to even the very best. Lino Tagliapettra (Sorry if it's mispelled) gave a lecture at SOFA Chicago a couple of years ago titled ispiration vs expropriation, Seems one of his students copied and sold his designs in Europe, and how many Chihuly knock-off artists are there?

Copyright protection exists, but the only recourse is to explain to the show promotors/gallery owners the situation and hope they are ethical

Best wishes,

Bill