Tuesday, February 8

Copyright ~ or a right to copy?



The debate between a knockoff, inspiration, and copyright is often discussed quite vigorously in blogland.  Just recently we have seen a whole host of bloggers addressing brand copyright infringements due to The Coveted scandal.  {See here, here and here for further information}

It is an interesting, ongoing debate because there are so many areas copyright can apply to ~ obviously, as you well know, pretty much anything produced by anyone can be under copyright protection.  Personally as an artist, I feel very strongly about copyright and issues of art theft, but somehow am left completely muddled as to how I feel about fashion theft.

This confusion is mainly because I adore some designer fashions such as Jimmy Choo shoes, but never in a million years could afford them.  Knockoffs are my saviour and yes, I am guilty of owning not one but two “Frada” handbags.  But when we release a work {whatever it may be} into the public eye, how much copyright control do we have?

When I was contemplating this, it struck me that there seems very much to be a public sentiment these days of the audience’s “Right to Copy” which for the most part tends to disregard the laws of copyright.
  
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I do not want to do a “Technology is bad” rant, but it does seem that with the advent of the internet and the ease of access to so much original work, increasingly the general public ignores rules over taking images, sourcing information and even just giving credit where credit is due. 

Of course, as a bloggers, if we wish to keep our reputation and integrity we must give credit.  There are no two ways about it.  But what about protecting your own work? 

For myself, if people want to use content, {i.e. ideas, photographs, text} from my blog Depict This! I wouldn’t have a problem with that if they give me some credit; linking to my blog at the very least.  In my opinion the best way, however, is to be polite and ask before using ideas and images.  

I made the mistake once of not doing that, and was absolutely mortified when the owner of a blog I greatly admired contacted me and asked me to take down some images I had reposted even though I had credited the work to her and linked her blog in the post.   I immediately took down the images and wrote the owner a letter of apology as well as explaining things on the original post.
  youtube-Vintage-Fake-posters
That experience taught me a valuable lesson that sometimes crediting work just isn’t good enough.   And I think that is true of designer fashion and knockoffs as well.  It’s all well and good for my Frada bags to pretend to credit Prada but what about the return for the original designer’s work?    

If an artist/designer is trying to sell their pictures or clothes and a copycat steals the work and tries to sell it to the same market, then that's not really fair on the original owners because they do not get the return for their work.  And giving the original artist/designer credit may gain them some exposure, but let’s face it, that market exposure probably will not be worth as much as the sale of their original piece.

And here’s a kicker; couture designers are selling to a particular market that would probably not go near a knockoff with a ten foot barge pole.  And the knockoffs are selling to a market that can not afford the original products.  So technically the markets, although in the same genre of fashion, are not actually aiming to sell at the same target audience.  

FradaThat being the case, both parties have a return and in the end I think that’s why I am okay with knockoffs, although other people may not agree with me because of deeper copyright issues.  
When it comes to blogging, in my mind it is not fair if content is stolen without credit because then the 'return' for the content {blog exposure or more readers} is not passed onto the original owners who worked on the content.  Naturally, this principle also applies to blog branding.

But the fact of the matter is that once we put our work out there, there seems to be little we can do to control how it is used.  Disabling right click save on images doesn’t work all the time {my tech geek hubby popped that bubble pretty quickly!} and there doesn’t seem to be many ways of controlling your public content, although watermarking images does offer some protection.

We can deal with larger cases of copyright infringement, but even things like Anthropology ripping off smaller designers seems to be happening relatively frequently.  It seems to me that it’s no longer just the public audience exercising their right to copy, but also larger corporations.  

Sadly enough {and not everyone may agree} it seems that the moral to the story is:  Once your work is published, it’s free game.  So be prepared for it to be borrowed, copied, or worse, stolen children-together-1950altogether. 

Yes, it’s a bit of a doom and gloom~ish conclusion, but we can do something about it.  We can support our fellow bloggers by asking before using their content, and by never forgetting to credit, link and generally acknowledging the hard work that they do.   It might be a small step, but it can make a difference.   

xox,
bonita
 
 
Inspiration for this post  ~ Thanks to Britten from What She Should Have Worn for writing this post: Copy Cats and inspiring my thoughts on the topic of copyright.

P.S. ~ All images in this post are linked to the original source.  Please click on the pictures to follow through.

7 comments:

  1. Very well put.
    My outlook on copyright has mallowed a lot over the last few years. For me I usually think of it in a photography context.
    I always hoped keeping my images to screen resolution would prevent anything but the most casual theft but I've seen a good quality A1 size reproduction of one of my works resampled from a 72 dpi 500 px wide image. (That was legit - I just would have given the owner a larger image if I'd known they were going to print it - and LARGE at that). It proofed to me that there is no way of preventing theft. I already knew watermarks are for the dogs, but it 's true: you can resample to the n'th degree. Mind you, when I see magazines thief images from the blogosphere and not even tell the original owner who would must likely be happy for them to use it anyway it boils my blood.
    Such makes me feel a union is in order.

    I must admit when it comes to pros thieving from other pros I am a lot less opinionated. It is pros thieving from amateurs and semi pros that gets my goat :D I guess that 's selfish but there you go.

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  2. lhunterthomas9:31 PM

    Great post. Very thoughtful and insightful. I do agree with you that Prada and "Frada", for example, are catering to different sectors of the market, and this does pose an interesting question as to whether this makes infringing copyright more OK or not. I think the limited copyright propositions of Senator Schumer to protect fashion designs seems pretty reasonable (a 3 year period for truly unique, non-utilitarian designs). Great post!

    Laura @ theblogofobsessivecoolness.blogspot.com

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  3. I agree Stef. It's so silly that a magazine can't even write a simple email just to let the blogger know what's going on. It's not like there are many fashion bloggers out there that are going to say "No thanks; don't use my picture..." If we cared about our picture being public, we wouldn't be blogging!

    And yes, pros ripping off amateurs and semi pros makes me more than slightly annoyed too. It's just really rude when they have all the money and resources they need to do their own work, but to save a quick buck they steal someone else's. It's not right; but as you said, that might be a slightly selfish point of view, because why is it then right for pros to rip each other off either? This is why copyright is such an interesting topic!

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  4. Thank you Laura, I really enjoyed writing it.

    The limited copyright proposition does sound very interesting; I would be keen on seeing what part of the design they would consider unique though, because most of fashion goes around in circles... I guess that's why the copyright would be limited though.

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  5. Everyone gets ideas from what they have already seen and pretty much no one has something completely original. It is interesting that in the sciences everybody expects you to base your work on someone else's, but they do have much more strict rules of making proper references to your sources.

    Ultimately I think copyright protecting from people imitating you is pretty silly. For example if I go to someones house and see they have a nice back patio or something no one would think it was wrong for me to copy his idea and build one for my self.

    The thing I think is not write though is copying someones work without giving them the credit for it or in a way where you don't have to do any work. For example stealing someones photo from flicker and making a large print of it and selling it at a market or something. I would be OK with it if the person actually went to the same spot and took the same photo from the same perspective at the same time of day. In that case they are still doing the work. I wouldn't have a problem with someone taking my image and using it as their desktop background or making a print for them selves though as if I did I wouldn't have uploaded it to flicker in the first place.

    As I am a software developer on my blog I sometimes share snippets of code. I post this code up for anyone to use freely however they like. I don't care who copies it or what they use it for, if I did I wouldn't share it. I probably wouldn't like it very much though if they copied all my code and then made their own blog post claiming the idea as their own. I wouldn't mind though if they copied it, improved on it and then blogged about that. In that case though they would most likely link to my post crediting me with the original idea and then saying how and why they changed it. That way I might learn something to.

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  6. Hi Bonita!

    I love your thoughts here, and Im so happy I was able to inspire you with my "Copy Cats" post. This article is really great, and I totally admire the thought in it. Thank you so much for inspiring ME further. I realized you commented on that post, and I am so sorry I didn't respond to it in turn. The truth is that Im still very new to blogging and trying to gather my bearings in this new community I have joined! I promise to always be a better comment replier in the future :)

    I look forward to seeing more on your blog, thank you for the link up!

    xo, Brittan

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  7. Thank you Brittan ~ I am glad you liked the post. And that's okay; don't worry about taking a while to respond, it's hard to keep track of comments on posts that are really old.

    And you're totally welcome, it's great to share good posts around. ^ u ^

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Thank you for visiting my blog ~ I love to read your comments, opinions and queries! I will try to answer all of your comments, or stop by your blog for a visit! : )

xox,
b.

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