Question of the Week #31

Question of the Week #31

For almost six years I have been working with large gauge copper wire (my favorite) and wood to make functional hanging art. I incorporate beach glass, shells, rocks, glass beads, keys and found objects into these items as well as using different kinds of wood, quite often driftwood or upcycled old wood. I make all kinds of things: jewelry hangers and racks, pot racks, garden art, utensil racks, cup racks, embellished mirrors and frames, lampshades and assemblage art pieces, pretty much whatever my beady little brain will turn out. Usually every item I make is one of a kind or (rarely) if I make something that someone really loves and they ask I will make them something similar, but usually it is almost impossible to exactly replicate the item as the pieces are like the person I made the item for: individual.

That said, sometimes I do get duplicate pieces I want to use (example, antique keys or game pieces or tiny picture frames) and make several versions of an item, the same item but each one designed or embellished differently, but all with the same or similar components. Sometimes I'll have an idea for a funky little item series that I know people will like and that I can eventually sell locally or online.

So I've been busy this week reviewing my unfinished projects and notes in the studio and notice that several of the items I have put aside to finish later are projects that I started to do research on possible pricing and then put off due to my distaste for what I found out during my research.

The major components for most of these constructions I make are copper, wood and found items (glass, shells, etc). These are not uncommon items and many other artists use them, I don't and never would think to presume I would be the only one working with these items. What I find is so distasteful while doing my research for pricing etc is how many people claim copyrights on basic ideas. I had an idea to make a pot rack from a piano part (antique) and hammered copper "S" hooks and ran a search on etsy and artfire to see if someone had done something similar, since I would have no idea where to begin pricing such an item when I was done with it. My search resulted turned up a pot rack made from (literally) an old piano part that someone drove nails into (to hold the pots). They claimed their "design" is copyrighted. I ran a search on etsy for hammered copper "S" hooks (copyrighted huh?) and came upon a person selling items crudely similar to mine but copyrighted as their own design as well. They had copyright claims on their items, including a copper wire and driftwood jewelry hanger, which is something I have been making for years as gifts. Our designs differ greatly but all the major components are the same and basic design elements are basic design elements but these people have the chutzpah to claim copyright on the idea of making a jewelry hanger with driftwood and copper wire.

WHOOPS!

So I set my projects that were even remotely similar aside not because of worry about copyright infringement (they have no legal basis for their claims) but because I was (this is a little "snobby" here and I apologize) irritated that I might be making something remotely similar someone who is so ignorant they think they can claim a copyright on what are basic design components and elements. I'll get over myself eventually and go back to what I was doing (LOL) but...

This got me to wondering about what you all think about this, especially with jewelry artists who use many of the same components but come up with many many different variations. I know so many people say there is nothing new under the sun or rarely is there a new idea but I am really wanting to hear what you think about all this.

So the question this week is:
While "copycats' abound on the Internet and in real life and are a real problem for many, where is the exact line drawn on copyright, copyright infringement vs basic design and basic element/component use?

OK...Looking forward to hearing your answers!

Please remember to submit your suggestions & questions to: spdychevy@gmail.com with Question in the subject line and we'll get your question up here soon!


Happy Monday to all <3
Shann


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