The Fine Line Between Artistic Inspiration and Crafty Exploitation

Color.  Texture.  Design.  I am a big fan of visual stimulation.  I spend hours each week surfing the web --- popping in on artsy blogs and conducting countless google image searches to discover the best of  what is happening in the crafty world.   The time spent in this creative revery is always a treat...throw in a cupcake or a glass of wine and I have myself a Happy Meal.


While this sort of research is important for business purposes, there is a secondary benefit as well.  Oftentimes, I come across a piece that ignites my own creative spark and I will obsess for days until I find an opportunity to give birth to my own creation.   Sometimes my finished piece reflects the inspiration that I received, other times the connection would not be obvious to anyone but me.

 So---when does INSPIRATION cross the line to EXPLOITATION? While the line is a fine one, it is often quite murky and not particularly absolute.  It makes for a lot of hard feelings and wasted energy for artists involved in a dispute over a design.

When does the work cross the line? 

I had a customer contact me a few months ago. She was frustrated and irate, having just been accused by another artist of copying that artist's work.  The two are not true friends, although she thought they had a friendly relationship.  They would see each other at the occasional trade show and kept in touch throughout the year.  Accordingly, she was shocked when she received the following email in response to a text that she had sent with some helpful information relative to a sales rep:

I got your text today and so I wanted to write you back an email instead of a text since I actually have quite a bit to say.  I am rather confused by your actions.  On the one hand, you text me about reps, asking how the show went, leave Facebook messages on my page about my designs etc...as though we were friends, and then on the other hand, you have taken an idea of a necklace from me and are exploiting my design through what you consider your own....

  ....Before you texted me this morning I had actually posted a link on my Facebook to an article that I hope you will read regarding exploiting someone else's work.  If you get the idea for a piece by using someone else's work, then that is stealing.  Regardless of what you think, I am hurt by your actions and do not desire to be friends with someone who would do that.  I go to great lengths to offer unique products, and have copyrights on all of my designs because I believe in what I am doing and I design my work without the use of others to take ideas from. 

What confuses and hurts me the most is the fact that you seem to think that what you did was ok because you still remain in contact with me.  I tried a while back to very subtly let you know how I felt about your taking my idea, but either you didn't pick up on what I was saying or you didn't care.  The very fact that you starting creating pieces just like mine is why I chose not to share a booth with you at the [tradeshow].

I guess in the end, you will do what you want to further your business and your choice of ethics is ultimately up to you, but due to the fact that I feel ripped off by you, I do not wish to remain friends. I am sure you would feel the same if the tables were turned.


Ouch.  Pretty harsh stuff.  Clearly, The Accuser felt wronged and  The Accused felt wrongly accused.  Both women are very talented.  Both do a great job marketing their work. My take is that they are both good, kind women and I would proudly sport a necklace made by either.    

So where is the disconnect?  

First, lets take a look at the work at issue:

 Each necklace has the same 27mm  Swarovski Crystal 1201 stone (in different colors)  hung on a simple chain. 

I pondered long and hard about the karma of this dispute and came to the conclusion that  my customer should be able to sleep at night.  We are talking about one Swarovski crystal stone....albeit a spectacular stone....on a chain.   Period.  The stone is widely available.  No special techniques were employed, no complicated construction was required.  If you like sparkle, you would probably hang either --or both--around your neck.  Both designers have expansive product lines.  This is the only item in dispute.  They ARE different.  One has a romantic, vintage quality.  The other has a clean, modern look.  Yet, one human feels victimized and another feels under attack.  It sucks.

I have been on both sides of this issue...early in my art career, long, long ago...back when I was a naive young thing... I was accused of copying the work of another artist.  It totally freaked me out.  No doubt, I was definitely influenced by her work, but  I honestly did not think my product bore a close resemblance. I still don't.   Regardless, the original artist saw my piece and went NUCLEAR.  I thought she was crazy, but I  backed off the design.  The juice wasn't worth the squeeze and I didn't want to find my pet rabbit  boiling on the stove top A La Glenn Close in Fatal Attraction.  On the other hand, I have also had my work copied on a very large scale.   The product involved a basic design and was easy to duplicate...so it was.  Yup...It sucked...but it wasn't personal---it was business.  C'est La Vie.  No doubt about it....Simple designs have a shorter shelf life.

I am a fiber artist.  I have long avoided using the classic "felt ball" in my work because I found the humble fuzzy ball to be kind of silly...silly, that is, until I happened upon the work of Gail Crosman Moore.  Gail is talented in many genres...she is innovative and has a killer grasp of color and form.  During one of my web surfing Happy Meals, I happened upon this photo:

OMG!  Be still my heart!  Felt balls that were not just interesting....they were SPECTACULAR!
  
I couldn't wait to get to the felting table!  Here is my version:

They are both multi layered cuff bracelets featuring felted balls embellished with bead work.

Uh Oh.

OH. MY. GOD.   

They are both multi layered cuff bracelets featuring felted balls embellished with bead work!

Should I be able to sleep well at night?  

Honestly, I have had no problem catching ZZZZZs but was curious....what would Gail Crosman Moore think?  I looked at the two photos carefully and I still felt good about it....but then, I don't see a big issue with the two pendants described above.    Hmmmm..........I decided to shoot Gail an email and ask her opinion:

Hey there, Gail!  I messaged you via FB, but wanted to make sure that I touched base with you with a more complete explanation of my quest.   I am a fiber artist/crafty business owner.  I have been making fiber jewelry for years and use beads/crystal embellishment in every piece.

I am writing a blog post on the difference between being inspired by a piece and copying a piece.  It is always such a hot button and “in the eye of the beholder” so I wanted to illustrate my point regarding inspiration with a photo of a piece you did that inspired me to make my own. 

You made a killer cuff bracelet (photo of your piece is attached) with embellished felt balls that knocked my socks off.  I have always been a bit of a felt ball snob because most of the work that I have seen is pedestrian and kind of clownish.  Your bracelet has a sophistication that wowed me and got me looking at felt balls in a whole new light.

I have attached a piece of my finished product, which I perceive to be an original piece inspired by your incredible piece.   I am curious as to whether or not you agree.  You are the artist of the piece that inspired me…copy or inspiration?  Inquiring minds want to know!

Please feel free to be as honest as possible.  It would be helpful to blog readers and shed light on the whole process from both perspectives, even if you want to bitch slap me.  

Pat Riesenburger

I sent the email......and then I started sweating.  I looked at the photos again and compared them closely.  She made a cuff bracelet.  I made a cuff bracelet.  She embellished with beads.  I embellished with beads.   NOOOOOOOOOOO!   How have I been sleeping at night?

Much to my relief, within a few hours the following message appeared in my In Box:

Hello Pat,

Thank you for your thoughtful and complimentary project.
Absolutely no worries re: copying, I love that this bracelet of mine inspired you. Your piece is very different from mine and it makes me happy that I was a springboard towards an excited energy to carry out your piece. Well done!

I am also happy that my piece framed a material in a new light to make it useful to you!

Enjoy, with many thanks for your openness.

Best,
Gail

 

WHEW! I knew how I felt about it and it was nice to know that Gail agreed....I could breathe again.  Thank you, Gail!  

I tend to think along the same lines...I am flattered on those occasions when my work serves to inspire another.  I consider it an Art Hug.

The thing is.....Art is derivative.  We are naturally influenced by the world around us.  Artists who post pictures of their work online, or publish patterns in magazines, are putting their work out there for others to see.  It is lovely affirmation for the artist and the exposure is good for those seeking to promote their crafty careers.   However, what about the work that you see in the course of living your life?  What if you decide to sell the work?  When are you INSPIRED and when are you EXPLOITING? 

I think that it boils down to INTENT.  Did my customer intend to copy the design of the Accuser?  I don't think so.  I think that she was excited by it, and that she was inspired by it, and that she loves Swarovski Crystal.   She saw a stone that she admired and she wanted to use it.  The construction of the necklace in question involved one stone, one bezel, one chain and a clasp.   She has a large product line and this is the only item at issue.   I just cannot get my panties in a twist over this one.  

The Accuser acknowledged that the Accused treated her as a friend, offering encouragement and support; yet, she was willing to believe that this woman would deliberately screw her over.  HUH?  She then handled the matter by dropping a "subtle hint" about her feelings, and when no response was forthcoming she became hurt and then angry.    I have watched a number of artists respond the same way over the years.   Sometimes  people really do steal designs and the anger is legitimate. On other occasions, two people have similar taste. Again....I would point to the matter of INTENT.   Look to the character of the person involved.  If someone does something that is inconsistent with the behavior that I typically see, I do not automatically assume the worst and then write them off.  I inquire.  I ask about it.  I COMMUNICATE. 

Life is short.  I don't want to spend my days mulching a Bitterness Garden, tending each grievance so carefully that it thrives, growing bigger and more toxic over the days.  No....my time is better spent mulching a different sort of Garden...one filled with wonder, and creativity, and peace.  Give folks the benefit of the doubt until they prove unworthy----it will make your life more pleasant.

Whaddayathink?