How to handle being accused of stealing someone's design?

[#1]

I got a convo last night from someone saying my design was identical to hers and she demanded to know how I came up with my doll design. It was the facial features that she said I copied. I have never heard of this woman and I've never been to her blog. I've also never seen her dolls. I told her this and she said that she was going to check into copyright laws and see what she could do. I looked at her dolls and while there are similarities, they are certainly not identical. I wanted to ask her if she invented rosebud lips, but decided to keep the conversation as short as possible. My dad, actually, is a patent attorney, so I know he could help me, but I don't really want to make a big deal of this by getting him involved unless I need to.

Do you guys have any advice? What are the rules about getting ideas from other dollmakers? I mean, I do NOT want to take anyone's idea, but, for example, I hadn't thought of making doll hair out of felt until I saw it on a doll. Is that stealing?

(I checked the team member list before I posted and she isn't on this team)

ugh. Thanks for your input. :(

[Former_Member]

Is her design patented? If not, then I would suggest you tell her to "have her people contact your people."

[ScytheAndStemFarm]

I made it through about 20 pages searching the tags "handmade cloth doll" and really, I saw nothing that looked like yours. The only dolls I saw that were remotely similar had closed eyes. Yours stand out for their craftsmanship, the quality of your photos - and I found most of them in the first 10 pages, so you've got it on relevance too! I wouldn't sweat it, just ignore the other seller if you know that your designs are inspired by others, but not copied from others. And congrats on your hard work!

[TouchofComfortHome]

I actually had something similar happen to me. I had a design of a pattern that was similar to someone else. I was made aware of it, by one of the people who frequent my shop. As soon as I found this out, I contacted a copyright attorney. It was a huge help!! He put me at ease, I was ready to take down the pattern seeing a lot of similarities but knowing they were still very different. It is worth it to talk to someone who knows what to do. If you need help let me know.

[Former_Member]

first of all, I wonder, is this person a cyber bully or actually going to take some measures against what she considers a copyright breach?

also, if you can not even find similarities between the dolls and their styles, her case is, more than likely, lost from the start

I guess it is always good to take pictures of your process, they might come in handy in the future

also, it's funny that you mentioned that the other person's dolls are more "anime", since, you know... she must have invented anime and all!

[Former_Member]

Ooooh..... I understand that this must be very unpleasant situation for you but bottom line - don't worry about it, the lady doesn't have a chance and I think she is a bit of lunatic....Copyright and patent laws are so complicated you could write books about it....I wouldn't even talk to the lady and if you must, just keep it short. good luck, but no, don't worry!

[Former_Member]

In the original post you state that your Dad is a Patent Attorney...just send her your dad's phone number if she contacts you again and tell her that she can talk to him... that should end it quickly! Happy New Year!

[MyGigiDoll]

She did say she was going to leave me alone but that I actually didn't copy her, but someone else who's dolls look like hers (the only dolls out there that look like hers). These actually are more similar to mine. Ugh. I feel sick. Should I change my design some?

[Former_Member]

don't let a drama queen alter the way your business has been going

[Former_Member]

Report the convo to etsy admin and let it go.

The likelihood that one or more etsy sellers who also make dolls might have similar sweet facial expressions on their dolls faces is more likely than not.

Someone who takes the time to make handmade dolls have to come from a strong pleasant sweet place. In fact, I'd be more likely to believe that their would be a chance of design copy if the face were disturbing, gross or scary..............not many of those here on etsy.

Relax. If you continue to have issue with this seller, contact admin, that's what they are there for. They can help you block this person from contacting you.
Peace, Good luck with your handmade products.
Mickey

[Former_Member]

Don't change, don't do anything. Unless you get something official, I would chalk it up to hot air. I'm sorry this happened, but unless she can prove you copied her design, which it sounds like you aren't similar enough, I wouldn't worry about it.

Other than that, changing or stopping your work may be exactly what she wants to do, I wouldn't do anything but continue on with your work. If she continues to contact you, I would report it to Etsy.

[LLFarm]

Wow! Sorry to hear this. I would hit the delete button and keep sewing on. This woman has more time on her hands to create problems than she does to create art....

Stitch on my friend and try to put it out of your mind.

:) Karyn

[Zehland]

Please don't let bullying change what you are doing. Your dolls are lovely!

I had an experience once at an art show that was similar. An older artist - quite a successful one - accused me of copying her work. I had never met the woman before or seen her work! Not only that, my large flower paintings were done in acrylic and hers were watercolor.

She was either a bit paranoid or she was trying to discourage me from doing the same shows as she did - to keep competition at a minimum.

So keep your chin up and don't let anyone discourage you. I am sure it must be upsetting to her to see what she thinks are the same dolls, but as others have said, there is nothing new under the sun. Let her be upset if she so chooses, but don't let it get in your way!

[Former_Member]

So what it means no one can make jeans beacause Levis did it first????
Ha....

Thoughts travel and our mind cutting them we are uncoincoius about it. That how you can end up with two people one in Australia and one in America inventing the same thing at the same time.

This being said maybe she did copy her dolls from someone elese unintentianly just because we all connected this is the collective mind.
I am certain some one out there made the same doll she is making way before she even thought about it.

I would not be worry about it and I would keep the conversassion to a minimum if at all unless legal action will take place which I seriously doubt it.

Keep creating your beautiful dolls.

[MythOfTheWild]

I've seen this many times, people thinking they're so original, and then they see someone else making something similar and they think there's no other possible explanation, other than they copied them.

Look at the number of people selling on Etsy, then look at the number of people selling on their own websites who don't know Etsy exists. Then look at people who make things and don't even try to sell them. EVERYTHING has been done before. I've seen some items in other shops that look similar to mine, but I don't say anything to them, because it's unlikely they did copy me.

You've already explained that you didn't copy her, and she's more likely to be bluffing with the copyright stuff. And either way, unless she did ACTUALLY copyright it, she hasn't got a leg to stand on. And if she did copyright it, she'd have to have copyrighted every part of it, and then each doll she made afterwards with a different hairstyle, skin colour and dress, and if it was made in a different size or material.

I really wouldn't worry about it, or mention your dad. Only if she actually somehow manages to turn it into a real legal situation should you bring him in to help.
Otherwise, like I said, don't worry about it. She can't prove anything (though unfortunately, neither can you), and if she brought Etsy into it, I don't think they can do or would do anything anyway, if neither of you had copyrighted it.

I think whereever creativity and money meet, there will always be a problem, and I also think that a large part of the Etsy community will be approached by other individuals in the same manner, be it a week after their first sale, or three years and 500 sales later. It's best to either ignore it or notify Etsy of some sort of harrassment. Personally, I'd ignore it.

[MythOfTheWild]

And no, don't change your dolls at all. That would be ridiculous and you'll end up not loving your creations any more. Just turn ablind eye to everyone else, at the end of the day you have to make what you WANT to make. Otherwise, what's the point? Your dolls are gorgeous, and as far as I'm still concerned, unique.

[KriyaDesign]

This kind of accusing behavior stems from insecurity and fear. Feeling of inadequacy. That my designs are not good enough. I feel cranky about me over all so I need to vent it on someone. So you come into her life to be the person she needs to unload her fear.

When we think about how in our lives, we too had gone through the same feelings. We'll understand why she did what she did. Then we can no longer look at her and feeling angry. Because we too have been in her shoes. We can now see her with compassion. You don't have to do anything, just allow her to experience her fear, and let her be. And move on. Keep on, keep creating.

I loveeee your dolls. Adorable! Sweetheart!

[Former_Member]

Thats pathetic! Please dont give it a second thought! She'll be claiming she invented dolls next........

[Former_Member]

Don't change your design for this person. Keep with the work you love and follow your heart. Negative people pop up from time to time, don't let them draw you into their drama. Love your dolls!

[MyGigiDoll]

Thanks, all, for the kind words. I started a board on my Pinterest of some of the types of vintage faces that have inspired me, though I have also gotten inspiration from other places. I haven't communicated anymore with this woman. I just figured it wouldn't hurt to have some documentation of where I've gotten some ideas.

Kriya - I am with you about feeling compassion. I have thought about how I would feel if I felt someone had copied me, and, no, it would not feel good.

I had a friend recently ask me how I did the facial features, as she wanted to make a similar doll. Actually, that didn't bother me at all! She wanted a similar doll and has the capability to make one but not the resources to buy one from me. Maybe that was different because she asked me about it?

Anyway, I'm carrying on today. I'm still feeling a bit off about this, but better today, so I'm sure I will keep feeling better and better. You all have helped tremendously.

Thanks!

[Former_Member]

Theres a whole lot here and i only read what was in my email, so forgive me if its been said already. Years back i bought a book called legal something for the visual artist and it explained copywrites. Basically you do NOT have to actually copywrite your creations. Copywrite is given upon creation, However, in the event of a legal challenge the burden is on you to prove when said art was created. I figured one way, with etsy, is date listed. Another is picture documentation. Computers time stamp, proving date of creation. But thats not of course the be all end all. I have a painting i did 12 years ago, i can prove it, but say i listed it on etsy today and tommorrow i saw a similar painting just listed. They say, nono, i saw yours and it inspired me. Well That IS copywrite violation. IF it is pretty much the same thing. My pic is a bird, say she painted a flock of birds, but the design of the birds looked like mine in the head, that could still be cr violation, because MY design was the BASIS for hers. Its kinda confusing which is why these things end up in court. I would say, like you did, sorry i didnt copy, and then start making sure you had your documentation in order, just to be ready if there was anything further. Another example, my dolls have buttons for eyes, i started making them BEFORE i saw Coraline, and before Lalaloopsy, but im sure if i suddenly because mass produced id face a challenge from Mattel or whoever makes that doll. :) and id probably loose. Even though i did not copy. Actually i was pissed when i saw lalaloopsy. I mean, shes Plastic! But supposed to be yarn. Grr.
Anyways good luck!

[JeannieGrayKnits]

You've already been given a ton of advice but I'll add my 2 cents worth anyway. First, I'd chalk the incident up to someone having a case of the Christmas Crazies. (Has anyone else noticed how many angry people have been posting on various teams lately?) I would simply try to forget the incident, but if she contacts you again, I'd respond with "Please send all further correspondence to my attorney" and list your Dad's name & address.

As ShadyOaks mentioned, record keeping probably is rather important. I attended a 'how to sell on Etsy' seminar at my local library & a big part of the presentation was about documentation & staying within the copyright laws. What they recommended was to keep all your doodles, drawings, sketches, photos, diary type ramblings that pertain to the creation of your art. Keep your photos & make sure they are date stamped if your computer doesn't do that for you automatically. All of that becomes the record of your creation, the "proof" that you created it. And as with any other important business documentation, all that should be kept forever.

Good luck & I hope you never hear from the woman again.

[prettypiecesjewelry]

If your conscious is clear, ignore it. Why spend time worrying about something that is someone else's worry?

[Former_Member]

You should worry! You don't know how this person is financed and what it will cause you if she sues. Involve your father immediately, do what he tell you. My best friend was sued over an email she sent and it took 4 years and $550K in legal fees before she won! She didn't take it seriously enough at the beginning....

[LaLaDeeVintage]

I'm sure you know that some people are just trouble makers. Maybe she's jealous. Do you have more sales than her? Do you have a better price point? More traffic? More Admirers? What I want to share with you from recent experience is that people can just be mean and jump to conclusions for a variety of reasons. There really are very few original ideas. All of us inspire each other and we are so inundated by visual stimuli - especially Etsian-type peeps - that there's no telling where we've seen what and how it has affected our own designs. Try to shake it off. I'm still licking my wounds over my last run-in with trouble makers but it has made me more determined to be successful. I don't know if any of this has helped. I just wanted to encourage you because I don't know a thing about the legal end of this except that she doesn't have a leg to stand on. Happy creations to you and good luck!

[RowanSongCrafts]

Probably not much to add except a hug and a lot of support - it's horrible when someone is focussing their aggression at you. I don't think you've done anything wrong and I'm fairly sure this would not remotely stand up in court if she decided to go down that route. Something like doll making is a traditional craft that has been going on for centuries and has evolved and developed over many different trends and styles. Nobody can own it, any more than I can own the form of a bowl in ceramics or certain decorative elements that have been appearing in one form or another since the craft began. At the end of the day, there's only so many truly unique ways to draw something like a spiral on a piece of clay, in the same way that there are only so many ways to make an eye or pair of lips on a doll's face. Unless she can prove that she has done something truly new and original within that genre (extremely unlikely considering the amount of work that has gone before us all) and that others have directly copied her work rather than been influenced or inspired by it then it's going nowhere. Hope you are holding on to your good feelings about your work and not letting this get to you too much. Easier said than done sometimes I know... :) xxx