Thursday, September 24, 2009

Artistic Wars

For those of you who create, a friendly reminder:

Whether you write a blog or freelance articles here and there, host a website, or own a business, it is vitally important that you protect your identity and work. Rip-off's happen all the time. Sometimes, it's as innocent as someone posting a photo on their blog without crediting the photographer. Other times, it's a blatant plagiarism of someone else's design or work. Luckily, it's often simply a case of misunderstanding blog-etiquette and copyright. But in other cases, all you can do is take precautionary steps.
image source
Maybe I'm naive, but I always thought that if you created something unique and well-established, that competition wouldn't bother to use your work, as it eventually would get traced back to the originator. Like my blog Hue- pretty solid going on 3 years now; who would be silly enough to use any version of Hue Blog or Hue Consulting for their own business?
image source
But alas, people are ripping off writers, designers, and artists all the time. So my advice to you? Get your business name trademarked and your work copyrighted. It's all fun and games early on, but trust me, unscrupulous people lurking as "experts" themselves have no troubles taking what isn't theirs.

My question to you is, will a symbol on your logo, name, creation, writing, etc. really deter someone from ripping it off? Any what constitutes a broad enough gap between what you did and what they do, to consider them protected and legit?

Anyone have an experience with this?


5 comments:

funcolors said...

Plagiarism was an existing condition that's gotten worse with the event of forums and blogs.

Gobsmacked by what people will help themselves to these days.

Creativity and talent will always be a premium because not everyone truly is creative or talented -- there are those who can and then those that just can't.

And there in lies why and how plagiarism will continue to plague those who can.

There are a few versions of *the creative code*. Here's what I remember: ASK you'll probably get a 'yes' or at least help. Share freely what you can. Don't take what is not offered. Watch out for each other.

The 'code' needs to be spoken more often. Thanks for the reminder, Rachel.

Kelly, Arte Styling said...

oh, so not fun, Rachel!! Thank you for the reminder to all of us. I had some issues with the whole copyright thing in the past and did quite a bit of research on the subject. It's important for everyone to know that when you create something YOU OWN IT. Unless, of course, you sign your rights away. As soon as you put pen to paper (or fingers to keyboard), or click on the shoot button of a camera, your art is automatically copyrighted. If you catch anyone using something you created without your permission, they are breaking the law.
Sorry you have to go through all this, but we can all learn from your experience.

Kelly, Arte Styling said...

(without your permission...or without you giving credit, I meant to say.)

Barbara Jacobs said...

Thanks Rachel, I had an experience recently that prompted me to ask for advice at http://www.score.org/index.html. What a great resource.You just ask your question, enter a few small items, and... away you go, professionals answer.

As with any field, there's probably a range of expertise there so use the grain of salt if need be. Nonetheless, I was connected with an attorney who specializes in such things, and the dialogues have been interesting.

Basically, you have to decide...are you actually going to SUE someone? Do you have the resources and energy and time for that? On the other hand, keep in mind the cosmic aspect and protect as well as you can, and keep moving forward.

OK, those are 2 extremes, just my 2cents worth for now.

Oh yes, what prompted all this, for me? I saw a magazine ad featuring one of my rug designs...made by another company.

So, to Funcolors: YES YES YES to the code!

funcolors said...

Barbara so sorry about the ripped off rug. :( That sucks, unfortunately, I think we all know how you feel.

In the creative world I come from, ripping - stealing other people's creative works, concepts and ideas, rewording thoughts instead of coming up with your own - destroys reputations. Integrity, reputation, creativity and ideas are essentially all creative-types have. That is their commerce.

Not everyone takes something with malice on their mind - I've erred before without realizing it but I made it right as soon as it was brought to my attention. What else can ya do?

Ripping, lifting, plagiarizing is the greatest creative offense there is. Do it, get caught and your name is MUD among your peers -- forever.

That is far more costly than being sued IMO - it's bigger.