What Not To Do

Well, here I am, writing about something I've never written about before and told myself I wouldn't write about.  So much has been said about copyright and every time it pops up on a blog it causes quite a kerfluffle.  That's not my intention here (although, I do like that word a lot...kerfluffle, kerfluffle) but I felt it was time to weigh in.  Actually, I had read an Editor's letter by Hazel Wheaton, Editor of Art Jewelry Magazine, back in August and wanted to re-print it here (with permission, of course!)  I hope you find it as helpful as I did.

Art Jewelry Newsletter

August 24, 2010

From the Editor
	One of the most common questions I receive from readers is about copyrights - specifically, whether or not readers can reproduce the projects that appear in Art Jewelry magazine. Obviously, we wouldn't print step-by-step instructions if we didn't hope that our readers would make the pieces, but how far are readers allowed to go? Can they sell the pieces they make? Once they've learned the technique, can they teach a class in that technique? The shortest (and safest) answer is no. The long answer is: It depends on whether it's a technique or a design. Copyright is a magical thing. It comes into being, fully formed, as soon as an artist has created a piece; the artist doesn't have to file official paperwork or attach a © to his or her piece. An idea or a concept cannot be copyrighted, but as soon as that idea has culminated in a concrete piece of artwork, the design of that artwork belongs to the artist. So, by all means, make that lovely necklace you've made from instructions you found in Art Jewelry. And wear it proudly, or give it as a gift. But don't offer it on your etsy.com store, or teach a class on how to make it. Instead, take a technique you've learned from that project -- that cool way of making cold connection, for example -- and use it in a design of your own. If you want to teach the necklace in a class, contact the magazine and the artist/designer of the piece, and ask permission. How much do you need to alter a design in order to make it your own? There's a common truism that if you alter 10% of a design, it's sufficiently different to sell as your own. I've heard this as 20% and 30% as well. As with many truisms, however, it's not exactly true. You'd be safer to estimate if only 10% of your design is the same as the original, then you can call the new design your own. There are many techniques that we teach in our pages that aren't copyrightable. Many forms of chain mail, for example, are now beyond copyright, because they've been a staple technique for so long. Any artist who tried to claim copyright on a Byzantine chain, for example, would fare poorly in court. And as far as copying pages out of Art Jewelry and passing them around or posting them online? That's off limits without our permission. A very quick rule of thumb: The designer owns the design of the piece of jewelry, and can sell it and teach it and profit from it. We, the magazine, own the printed version of the project -- that's the "piece" that we've created -- and it's subject to our copyright. If you want to read a bit more about copyright, here are a couple of sources: First of all, our sister publication, Bead&Button, produced a single-page article that covers the basics. And there's a good "Copyright for Artists FAQ" located here. It was written for painters, but the standards hold true for jewelry makers as well. Hazel Wheaton Editor, Art Jewelry

My personal take on the issue is basically the same, although, I'm not one who hold things so tightly it hurts...nor am I one to give away the farm.  I'm somewhere in between.  I love to be generous with what I know...I love to teach.  I love my students.  I teach my classes, knowing full well that my students will want to repeat what they learn.  And, I'm ok with that.  I'm even ok with my students selling those things but, having said that, I would much rather see them take what they learn from me and make it their own.  I believe that artists do themselves a disservice by not expressing their own talents, in their own voices. 

Class concepts and unique designs are a different animal.  Good teachers inspire students to greater heights.  They pour their hearts and souls into furthering their art by sharing.  Developing fresh classes and material is hard work...blood, sweat and tears!  Most instructors, me included, hold our teaching concepts near and dear to our hearts.  For me, sending my ideas or designs out into the world is like sending my children out...I hope people will love and respect them.  What I'm getting at is this:  class concepts and material are the artistic property of the instructor.  It's not ok to teach another instructor's material.  Unique and original designs and class concepts are protected by copyright, some common techniques are not.  Let me show you what I mean.  In the jewelry making world, jump ring making is a very common technique, as Hazel said in her letter, not really subject to copyright:

However, a unique design like the following, is certainly subject to copyright and off limits:

Of Towers and Turrets class samples

I rarely watch television, but one of my favorite shows is "What Not To Wear."  It may seem frivolous at first...clothes, make-up, fashion...but in reality, it's all about realizing one's full potential...expressing the inner soul, the inner "you."  It's a make-over show and the transformations achieved are truly amazing.  So, what does "What Not To Wear" have to do with copyright?  Turns out, quite a bit.  As artists, here is...

What Not To Do:

• Don't sell yourself short...By relying on someone else's designs.  Whether it's in art-making or designing a class to teach, use your own talents, designs and ideas.  Honor yourself and your talent by being original.  Realize your full potential by offering your customers and students...you.
• Risk your artistic reputation...The art community can be very tight-knit.  Other artists, including students and customers, will notice if your work is not your own.
• Stifle your creative voice...As an artist, you have something to say!  Say it in loudly and clearly in your own voice.  Express the inner "you."  When you put your soul and voice into your work, it shows.
• Limit yourself...Allow yourself to practice and express your own, original ideas.  Simply mimicking the work of others limits you and your skills.  Use tried and true techniques in new ways.  Be inventive!
• Allow others to mistake your work for someone else's...The last thing any artist wants is for someone to mistake their work for that of another artist.  Show everyone who you are by letting your unique style shine.
• Forget the golden rule...Think about how you would feel if the tables were turned.  If you wouldn't like it done to you, don't do it!

Do:  Allow that transformation to take place and release the original artistic voice within...you won't regret it!

Comments

[Silverlight/Whiteleaf]

Thank you for an excellent post, Deryn.

Out of courtesy, I feel I should let you know that I have blogged about this post on my own blog (http://silverlight-whiteleaf.blogspot.com/2011/02/copyright-what-not-to-do.html), linking back to this post and crediting you as the author of this post. I would have done a trackback but unfortunately my Blogspot blog does not seem to support them.

Thanks again for an illuminating post.

[Diana Frey]

Bravo! Well said Deryn.
Diana

[missy]

I agree exact copies are off-limits but similiar pieces are what happens when you teach a technique from sample pieces. If folks don't want recognizable clones then limit your classes to techniques only.

[Christine Damm]

I'm not surprised that you could reprise this idea-- written about so frequently-- and still have comments that are so insightful and eloquent. And to say it like a lady! Civility is a sadly-neglected art for sure in our culture. I, too, have been appalled by people who think that copying a design from the Sundance catalog is ok because there's no designer listed. (If nobody's watching, is it still shop-lifting??) I think the most telling thing you point out is that not making it your own hurts you more than the person who you are copying.

[Lori Anderson]

Beautifully said.

[Lori Burek]

Wonderful advice for students ... not enough students go beyond what they can do - not to offend anyone. But yes put your voice into your work and let it sing!
Lori B.

[Seth]

Fantastic post Deryn. This is definitely a tricky issue that deserves to be spoken about openly. Your discussion was direct but at the same time so positive. Well done.

[Renate]

kerfluffle - I like the sound of that - kerfluffle - like feathers flying around in the air...
Well, this is a topic that will pop up again and again and again. Apparently, there is a need for it. Thank you for sharing.

[Deryn Mentock]

Kay...about the Towers and Turrets class... of course I would expect our students to want to make what they learned. I totally get that students would want to make and sell them, but my hope is that they will take it and run with it...make it their own. I'm sure they don't want to sell clones of what I make, anyway! Of course, the combination of techniques and the class concept belong to Sharon and I which is what I was referring to with my "off limits" comment. Thanks so much for weighing in!

[Erin Prais-Hintz]

A very impassioned and concrete piece to think about, Deryn. I think that it bears repeating from time to time. It takes a lot of work to come up with a new idea, to put your soul into teaching, not just the time to write and create but each creation has a little bit of you. I agree that your creations are like your children. I want mine to be admired and respected and seen for their true beauty, but they are mine alone. I try to encourage others to see that while they may be attracted by the light of someone they see shining brightly that they have their own light that may be hidden under a bushel basket waiting for the right chance to shine forth. And when they do, then I will reflect that back to them. Learning new techniques and having the confidence to play with materials and make them my own is something that I hope I do in my artistic expressions. There are so many ways to internalize the inspirations that we see and process them and put something completely different out there. A lot of times I think it comes down to a lack of confidence. If all you do is take that thing you admire and copy it, you are definitely stealing, but you are also not trusting your instincts to grow in your own artistry. I have been seeing a lot of people in blogs saying they saw a jewelry design at Anthropologie or Coldwater Creek or wherever and then making it for themselves. Is that really any different than taking that idea from an independent artist? I think not. You can be inspired by that piece you see in the catalog or store, but to take it and copy it is just as insidious. Make it your own! Take the best parts and make it better! But for goodness sake, put your own soul into it. No one wants to be a knock-off.

I wrote a post myself last August that I come back to time and again called Artistic Influence that addresses the idea of inspiration.

Thank you for sharing this great letter and your own thoughts into this dialogue.

Enjoy the day!
Erin

[LeAnn]

Well said and thank you for saying this. I like that you put this into context. I also greatly appreciate that you put a positive spin on this rather prickly issue, by offering up encouragement and support for creative growth. I also like the word kerfluffle a lot. It should be used more often :-)

[Kay Mallery]

Copyright is certainly a sticky issue. It seems to me that most of us rely more on other artists' moral character than the law, which can be expensive to enforce (in terms of both money and time).

Some artists' egos are both quite large but fragile at the same time and it amazes me how many don't realize the difference between technique and design. It can be a real eye-opener to visit a museum jewelry exhibit and see how many techniques and design principles are actually downright ancient.

I'm sure there are artists out there who overlook what appears to be copying of their work on a small scale, i.e. a couple of pieces on Etsy. However, all the millions of images we've seen throughout our lives (some longer than others) can come together to influence what one person believes is a unique design, while others may find it vaguely familiar. I have had instances (more than one) where I've made what I thought was uniquely my own, only to subsequently see something very close published in a magazine. Of course, since my piece wasn't published, there can be no accusation of copying -- I can only go back to my beliefs about the existence of a universal intelligence.

Deryn, I agree with your post in general with the exception of the pendants from the Towers and Turrets class. I'm assuming that when you say they are "off limits," you are speaking about exact copies of the designs pictured. Certainly the variety of techniques taught so beautifully by you and Sharon will be seen again. Although I personally have not completed even one piece from the class, I would hope others are out there creating and selling them; there is so much imagination and variation possible that I would hate to see wasted.

[Rita Ackerman]

Thank you so much for posting this blog. It is very easy to understand and will be useful to many.