At the Intersection Between CAD/ CAM and Craft

Recently, I was a guest worker at Radicand in an effort to help my son, Ace, fabricate his Gemini BattleBot for an upcoming Battlebot competition for an ABC summer show. The smaller red robot (at 125 lbs.) (in the video below) is the one I helped make. 


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Photo above shows some of the Radicand engineers, and Aryn Shelander (guest worker 12:00 midnight to 3:00 a.m: during our all-nighter.


Harriete driling the Gemini Battlebot partsThe much larger scale of everything was certainly a challenge but I soon realized that my hand fabrication skills translated well. 
And among several surprising observations, I soon realized just how important it is that handcrafting skills are still needed.

Perhaps the biggest surprise was witnessing the entire fabrication process beginning with CAD/CAM (Computer Aided Design/Computer Aided Manufacture) and progressing through each of the necessary steps to final assembly and operational testing.  Not everything is computerized.  A good "eyeball" and steady hands are involved.
 

water Jet cutting of battlebot partsAfter the parts were perfectly cut with water jet, I still had to figure out where to manually mark the holes (referencing from the cut edge with calipers), center punch the holes, hope the drill centered itself accurately on the center punch, and then to actually drill the holes straight.


precisely cut parts ready for marking and drillingI have plenty of experience, lots of skills for precision metalwork, and at the same time, at every step I was astounded by the inherent possibility of inaccuracy
. The CAD provides a tolerance of 0.001 inch, but how accurate can a human being be while rushed to get this done as quickly as possible?    


IMG_20160413_151752682CAD/CAM offers precise designs, but in reality, some machine-made perfection must integrate with handmade steps.  The bridge between theoretical precision and adept skills is left in the hands of the human maker.

 



Moving on....more observations...

Ace Shelander designed the Gemini BattlebotsMy son, Ace, designed his entire BattleBot in CAD software called Solidworks. (This is one the major software design programs used for prototyping and manufacturing.) 

Most of the parts were cut from steel and aluminum by water jet. The results were quite impressive. The TECH Shops (at both San Francisco and San Jose) have water jets. It costs $3.00 a minute (after you pay to take a class). 

 
The water jet cuts the holes first so the small parts don't move (this why it doesn't appear to be moving very much at the beginning.)  Then the water jet cuts the edges of the parts.  The speed is determined by the material and thickness.

Additional parts were cut with a water jet at KELLER Industries in San Carlos. Their water jet was even bigger, faster and louder. The Keller brothers and sons were incredibly nice and reduced the intimidating, even daunting, hurdle of approaching a commercial industrial metal fabricating business.

While water jet is used for large scale fabrication, it is also ideal for prototyping and one-of-a-kind. Just pop in the file and the computer controls the cuts.  

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Here is a short video.

Harriete can cut sheets of aluminum and file them close to CAM perfection, but should I cut six sheets?  Where is the role of CAD/CAM in our craft work? I am a huge advocate for craft and hand made, but seriously question why we should be hand crafting in those situations when machines can do the work faster and cheaper. This is especially true for multiples.

Is "hand made" purity an absolute attribute when technologies could help us be more productive?

Are we disloyal to hand made if we consider using fabrication technologies that can help us be more cost effective?

I love making by hand, but there is a place where we should be working smarter and faster when the machines can do it as well as (or better than) we can.

This isn't an easy topic to tackle. I don't think the answer is absolutely one way or the other.  CAD/CAM or hand made or mixing the best of both?  I am beginning to think that we need to learn the computer software and the technologies if they can help make our work better and faster. 

Harriete


I Love the Smell of Dykem in the Morning

Recently, I took on a new role of intensive robot making to assist my son in the assembly of his Gemini Battlebots. We worked at the fabrication space of the prototyping firm, Radicand.

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My first observation was that the scale of everything was ten times larger than my usual metal working experience.
 We are talking about 1/2 inch thick aluminum, 24" x 24" large plates of steel, and titanium.

Would my fine metalworking skills translate into another realm? 

Harriete's-tool box.pgIn a rush to squeeze this sprint assembly into my busy life, I filled a shoe box with my favorite tools. Dykem, jeweler's saw, saw blades, cut-off discs with mandrels, Opti-visor, and more.... including my own task lighting. 

Was I going to be embarrassed taking my jewelry and sculpture skills into the domain of mechanical engineers (all men) and CAD/CAM engineering?   

It really does seen to be a domain of men.  Another early observation started two weeks ago looking for local water jet cutting and welding services.  Whether calling or visiting in person, there seems to be no women in any machine shop or welding establishment. In a time when women are entering every field (including combat), metal fabrication seems to be a male dominated sphere.  The engineering prototyping world also included only men. Surely there must be women in the metal fabrication field and geek world, but I didn't see any.

Harriete's-dykemWould my hand crafting skills in tin and silver repair translate into this "real world" scale? My favorite tool for layout is Dykem. Fortunately,  I brought mine from my studio. The fabrication space at the shop didn't have their own. Not every mother can bring their own bottle of Dykem. I love the smell of Dykem in the morning.

IMG_20160413_154530630Just in case you don't know: Dykem is a solvent based layout die for marking metal. It provides a clear background to mark or scribe lines and it is so much easier to see against shiny metal. I learned to use my son's calipers, and in no time I am reading CAD drawings and marking large metal blocks as precisely as a person can at 1/100th of an inch.

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Marking metal for drilling holes was my first job. I wasn't drilling one or two holes but 60 holes at a time.  And then continued drilling for ten hours non-stop. I am not exaggerating. 

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Then, I was drilling holes with larger drills through 2 thick layers of super strong aluminum plates. Theses were high technology materials that weighed around 20 pounds or more.  It was heavy to hold in the correct position while pulling down on the drill press. I had no time to stop. It is good I've worked out lifting weights at the gym.

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Then came counter sinking holes.  Eventually, I learned that if I was more aggressive with the counter sink it worked much better. 

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It was really hard work holding the plates up with one hand, and pulling the drill bit down with the other. 

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Next I learned to tap every hole with a drill. Every skill was scary at first, but I was totally in my element.

My skills and metal work precision were right on target. I got better very fast. Complicated layouts, drilling, and tapping were well within my skill set. This was an empowering experience. 
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Would you like to see more fabrication shots of the Gemini Battlebots? Click here.  If you're interested . . . there are a lot more photos coming.

I have more observations about the intersection of CAD/CAM and hand made. More posts soon...when I recover...but here is something you might want to know.

Jewelers and metalsmiths can and should take their skills and tools to the design and prototyping field.  I know several metalsmiths with art school skills and education and they have told me what they do in prototyping, and it sounded really interesting. They have fascinating projects and make a great living. They can still make their own work without the starving artist mentality.

This was my first personal experience within the design and prototyping field. To the many jewelry and metalsmiths reading this blog, there is an alternative to the struggle of making money solely in "crafts" where a viable living is frustrated by a highly competitive market with a shrinking audience.  Learn CAD software and take your design sensibilities and technical skills where it is needed and appreciated in a growing field.

More observations coming soon.

Harriete

 *The title of this post "I Love the Smell of Dykem in the Morning" was inspired by the famous quote :  "I Love the Smell of Napalm in the Morning" from the movie Apocalypse Now. It was spoken by the character Lt. Col. Bill Kilgore as played by actor Robert Duvall. He played a super tough, fearless character in the movie.


CRASH! Warning. This Information May Prevent Devastating Injury and Expense

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12th thoracic-vertebrae
This is not Bill's x-ray, but the crompression fracture looked a lot like this photo.

The past month has been a challenge since my husband was in a car accident. The 12th thoracic vertebra in his spine was subjected to compression fractures. This bone in the lower portion of the spine broke into five fragments.  Sounds serious!  It was. But it could have been much worse.  Fortunately, the bone fragments were held in place by muscle and tendons without impinging on the spinal cord. 

Why am I telling you this? This personal calamity led to a revelation that could possibly save others from devastating injury. Bill's injury could have been avoided if he had not been reclining in the passenger seat. 


IMG_20160324_143728045_HDRDid you know that reclining in the passenger seat defeats much of the safety mechanisms designed to protect the passenger in an accident? "If your car seat is reclined, a three-point restraint (lap and shoulder seat belt) becomes essentially useless because the shoulder harness moves away from the passenger." 
In addition, it seems that the air bag is timed for an upright passenger but does not protect a reclining passenger due to the additional fraction of a second it takes to fly forward. 

Five-star-crash-ratingFlying off the road, yes, flying off the icy road and hitting a boulder head-on at 50 miles an hour is a potentially serious accident.  In contrast to my husband, my son was protected perfectly by the Subaru Impreza passenger compartment. The driver's seat belt, shoulder belt, and airbags along with the structural design of the car absorbed the impact. The 5-star crash rating is well deserved.


broken windshield from head hitting the glassWhat I have learned since the accident is that reclining in the passenger seat while the car is moving is  dangerous!
Studies have shown "that partially reclined passengers involved in an accident increased their risk of death by 15 percent. Fully reclined passengers increased their risk by 70 percent. It makes both airbags and seat belts less effective, said Dr. Eileen Bulger."

"Dr. Adrian Lund is president of the Insurance Institute for Highway Safety, the organization that conducts crash safety tests.What people need to understand is that when we test vehicles for how well they'll protect you in a crash, we are assuming that people are seated upright in the seat, said Lund." Lund says safety tests have never been done with the seat reclined. Having the seat reclined means you're not protected the way the vehicle was designed to protect you, said Lund.

"The automobile industry and auto dealerships advertise reclining seats as an inexpensive luxury accessory for passenger comfort on the road and highway. They tell car buyers that the family can lay back, rest, and even sleep. But for dozens of years there’s been growing evidence that reclining seats kill or cause severe injury such as paralysis in car accidents,” said injury attorney Todd Tracy .

Federal transportation safety officials started worrying about the risks of reclining car seats back in 1988.  There are other ways for automakers to reduce the danger of reclining seats. They could install a warning bell, or make it impossible to put the car in drive unless all the seats are upright. But he says that NHTSA won't require any safety measures, even a label, because of the lobbying power of the car manufacturers.


IMG_20160407_104442747After the crash, I saw the totaled Subaru and took the owner's manual.
 Yes, the owner's manual warns against reclining the seat while the car is moving. It is only two sentences in a thick manual of densely written information.  This is why I had to write this post. Tell everyone you know. NEVER RECLINE in the passenger seat while the car is moving.

Final Words: BUY INSURANCE.
Both car insurance and health insurance need to be top priorities. It has been an eye opening experience that a car crash can have such a devastating impact on one's health and financial well being.  Without insurance, the loss of a vehicle and medical bills would have cost us an unbelievable amount of money that would have impacted us for years.

The two ambulance rides alone amounted to $5,000. The first emergency room (nearest the accident) was another $5,000.  The second emergency room visit was another $10,000 and this doesn't even include the 4 days in the hospital. Nor does this account for lost revenue from inability to work. Only because we had insurance will we be able to pick up the pieces. 

My warning is over. The good news is that Bill is expected to have a 98% recovery.  In a few more months we hope that this event will be a fading memory.

Hopefully everyone who reads this can learn from our family experience.

  1. Never recline in the seat while the car is moving.
  2. Buy a car with a 5-star crash rating. It may protect you, friends or family from harm or save your life.
  3. Always buy both car insurance and health insurance. 

 Harriete

Crash test dummy on Subaru Collision Reference Guide


Should Artists Be Expected to Pay the Gallery's Deductible?

From a reader...

HOT-BUTTON-ISSUES
Dear Ask Harriete,

A gallery I show with is asking all their artists to sign new contracts.  Everything is standard (50-50 split, etc.) except for a new clause (shown below) which addresses the possibility of theft or damage. 

"(Gallery) will insure the artwork for its wholesale price.  If a claim is filed, the insured work will be paid upon receiving the check from the insurance company less the deductible of $1,000."

Have you ever seen this in a gallery contract? Thanks for any thoughts you have.  I'd like to know if you have ever run across this.

Signed, Shocked Artist

Dear Shocked Artist,

In my 35+ years of experience as an exhibiting artist and working in the arts and crafts community, I have never seen a gallery contract that requires the artist to pay the gallery's insurance deductible in case of loss or damage. 

The simple impact of the clause  is that the gallery is shifting a portion of their business expense onto the artists.  

I realize that operating a business -- for both the artist and the gallery -- involves expenses.  Insurance costs are increasing for everyone.  There is no argument there. We all understand this too well.

I applaud the gallery for insuring the craft/artwork against the risks of loss or damage.  We can all understand that accidents do happen despite the best of efforts for care and security. Nevertheless, the gallery should be entirely responsible for the artwork while it is in their possession. The gallery negotiates their own insurance policy without any input from artists.  Yet if the artwork is outside of the artist's control, why should the artist be held responsible for any portion of loss or damage?

Insurance-DeductibleAn insurance "deductible" issue is a business decision between the gallery and the insurance company. A gallery can choose among several insurance options.  Usually the higher the deductible the lower their insurance premium. Homeowner policies and car insurance policies work much the same way for individuals. Most of us have some understanding that a higher deductible means that small claims are not filed and small losses are not absorbed by the insurance company. This reduces the insurance premium.

In contract negotiations, the old saying is "everything is negotiable."

I would reject this clause by striking through the "... less the deductible of $1,000" clause and explain your position. If they don't agree to remove the clause, I would not agree to consign my work under these circumstances.

The Professional Guidelines Consignment Contract says….
9. Insurance.  Insurance for the full wholesale price should be provided by the gallery.  The gallery is responsible for the deductible on their policy.  Artist should have control over any repairs, as necessary. (Again, for more information see the Artist Checklist: Claims for Damaged Work.) “ 

Two hypothetical examples illustrate the problem if the gallery shifts responsibility to the artist to pay the deductible:

1) What if the price of an item is less than $2,000 retail /$1,000 wholesale? 
If the item is lost or damaged while at the gallery, the artist would receive nothing (zero $) when there is a $1,000 deductible.  The gallery could even decide not to file an insurance claim, i.e. abdicating any responsibility for the loss or damage. In this scenario, there is little or no incentive for the gallery to handle items with care or secure items to avoid loss or damage.

2) What if the gallery chose to have a $2,000 deductible? or a $5,000 deductible? Where would this stop? 
If the artists agree to pay the gallery's deductible, the gallery could keep raising their business deductible and further lower their premium expenses while the artists bear the increased risk of financial loss.  A perverse incentive arises for the gallery to exercise less care and less security since the artists bear more of the financial consequences.  

Conclusion:    Maybe someone at the gallery thought that asking the artist to pay the $1,000 deductible would be a trivial amount of money in a low probability event -- but thinking through this situation as objectively as possible, I believe that this would create a seriously problematic precedent.

Harriete

RELATED POSTS and RESOURCES:
CLAIMS for DAMAGED WORK: Artist Checklist

Consignment Contract from the Professional Guidelines

Insurance Deductible Deducted from Whom?

Insurance Value, Wholesale Price, Retail Price For EXHIBITION CONTRACTS

Should-Artists-pay-gallery-deductible copy


Can You Connect Me with a Good, Simple Exhibition Contract?

Yes!  The Professional Guidelines includes a sample Exhibition Contract.

Professional-guidelines-exhibition-contract
Exhibition-Contract-page1-2This Exhibition Contract is specifically tailored for an exhibition where the gallery or exhibition space will be showing work for a limited period of time (with no expectation of an on-going representation). 

If an exhibition space doesn't have a contract, then suggest using this Exhibition Contract so that both the sponsor and your artwork are protected. I prefer to think of a contract as a checklist to facilitate a discussion of issues in advance that can help to avoid potential problems or friction.  As in any contract, it must be mutually agreeable. And of course, everything is negotiable.  The contract can be modified or edited so that everyone is comfortable with the arrangement. 

Established exhibition spaces are likely to have their own Exhibition Contract. It that case you can compare their contract to this Exhibition Contract from the Professional Guidelines to look for issues that may have been overlooked or that you might think are important in protecting your art or craft.

What if your local arts organization wants to organize an exhibition? Use this Exhibition Contract to establish a great working relationship between the artists and the exhibition sponsor.   

 

Professional-guidelines-exhibitions-artist-checklist300

ExhibitionsArtistChecklist2010_Page_1Looking for more guidance about whether an exhibition is "right" for your professional goals?  

Check out the Professional Guidelines document  Exhibitions: Artist Checklist.

 

 

 

 

 

 

 

Professional-guidelines-condition-report
CONDITIONreportSending your work to an exhibition?  Use the Condition Report from the Professional Guidelines.  

Learn how to use a condition Report on ASK Harriete (in a future post.) 

 

ASK-Harriete-Red-Yellow-Cut-out
Subscribe to ASK Harriete
in the upper left column so you don't miss a single post.  Your email will never be sold or used for anything but providing you with ASK Harriete information. 

Harriete  

 

P.S. The Professional Guidelines were written with the help and guidance of many professionals in the field from artists, makers, gallery owners, and collectors.

Do you see a need for a particular topic?
Let me know.  

Are you interested in helping write a document offering your words of experience? Write to me anytime.  

How about editing? I could definitely use a proof reader. 

 


Why I Can't Justify Ignoring the Copycat

WHY-I-cant-justify-ignoring-copycat.2

Copies-copycat-72
Several previous posts dealt with what to do if someone or some business is copying your work. Among the comments and responses to these posts and related discussions, more than a few artists and makers suggest that they would prefer to ignore the copycat (whether friend or foe) because the situation is too uncomfortable or too unlikely to reach an acceptable outcome.  The "originator" typically justifies ignoring their copycat with a rationale such as "I have moved on" or "I don't care so much about old work" or other similar justification.

I disagree with ignoring the copycat -- although I can also acknowledge the discomfort and uncertainty of outcomes.  But, I can not simply ignore the copycat regardless of the situation for two very fundamental reasons. 

1. Copies affect your income and reputation possibly devaluing both your past and future artwork.

2. Copies may be used in contexts that damage your reputation or trademark.  

Seeing copies of your artwork used in an advertising campaign, printed on t-shirts or sold at an undesirable venue may not be how you want your reputation exploited in public.  Use your imagination.  Would you want your work to represent issues, people, or topics that offend you? In a comment on a previous post by Cindy, "Art and photos may be used to advertise or promote businesses and causes that are in conflict with the artist's beliefs. It makes it appear they are sell outs or hypocrites because not everyone will know it was infringement and not a paid use." 

What if the copy impacts the value of your brand/trademark?  For example "Tiffany and Company sued Costco for the sale of counterfeit TIFFANY diamond engagement rings. "

Here's another example of how a copycat can affect your revenue from Natascha Bybee, Past President of the Seattle Metals Guild and reader of ASK Harriete. "I read an article about an artist being copied. I was very upset on their behalf, but sadly could not remember the name of the company. [Later] I saw "their" product at a craft show in December, but I didn't know if I was dealing with the originator or the copier, so I didn't buy anything and it made me have a more reserved attitude towards their booth. Since I couldn't distinguish between the two artists, I just avoided them altogether and would never recommend them." 

Video clips from Antiques Roadshow show several examples of the negative impact of copycats (shown below) where fakes, copies of the original, or outright forgeries impact the value of all the work attributed to an artist or maker.

Listen to the very end of each video segment to get the triple whammy full impact of how fakes/copycats affect value. Customer confusion is the relevant issue. It doesn't matter if the copy is not of the same quality, or the same patina, or finish, if it causes customer confusion the copy still affects the perceived value for all the work in that genre as buyers doubt the authenticity.



Charles-Loloma-BraceletsAn original receipt for this Charles Laloma Bracelet is considered "as important as the bracelet" because "there are a lot of fakes on the market." Any potential buyer will question every time, "Is this real? Or is it not real?" 

 

  Fake-George-ohr-VaseFake George Ohr Vase, ca. 2013 is made to deceive "by a person in the northeast who keeps producing them and selling them on the Internet. They appear, they are seen, and they are purchased by people who just don't know."

  Clementine Hunter PaintingsClementine Hunter Paintings, ca. 1980

 

  Fake-Remmington-Russell-BronzeFake Remington & Russell Bronzes

 

 

Let me know in the comments or privately  if you know of other examples. 

More personally, whether you sell your work online, from your studio, or in a gallery, a purchaser expects their purchase to be unique, worth the price, and a consummation of a special relationship with you.  If your customer finds a cheap knockoff elsewhere, they are going to feel ripped off.  The question of authenticity will raise doubts about your work and your reputation.  You may never know how many customers may withhold recommending you and your work to their friends.

What to do if you find a copycat copying your work.

  • Evaluate the situation carefully. Recommendations are in the post What is a Copy. Copycat?
  • If images are posted online, a simple "DMCA Take Down" might force the website to remove the images. This is easy to do and takes about 15 minutes and it is free. 
  • Contact the copier with the Initial Copycat Communication.
  • If the copycat work is shown at a gallery, write to the gallery.
  • Private and confidential will be your initial approach before taking stronger tactics.    

The suggestions in this post aren't guaranteed to work.  The point is that some diligence and effort may protect your work and your reputation by stopping copycats as soon as you become aware of them. Speaking out and addressing this issue is your first step.

Perhaps not every situation demands a full out response, but choosing to automatically ignore a situation can have some very negative consequences.  I believe that the recommended initial actions in these posts do not require extensive effort and have a reasonable chance to stop the copycat at an early stage before much damage is done.   

What do you think?

Harriete 



Dealing with Copycats in the Community!

Dealing-with-Copycats-Community
In the previous three posts
 lawyer Rachel Fischbein provided expert advice from her legal experience about what to do when a copycat copies your work. (Links to her posts are in the text and at the bottom of this post.)  Her approach was methodical and measured in it's response. All of it was super great advice.

In hindsight, looking at those posts, there seems to be an implicit presumption that the copycat was a large company or brand name corporation or knock-off discount retailer. Sure that happens.  As a lawyer, Rachel Fischbein most likely deals with such cases where significant money may be at stake, potentially leading to a resolution through a "licensing or royalty payment for the use of our designs."  

But a number of copycat scenarios brought to my attention by readers are of a more common type involving someone from our own art or craft community, e.g. a student, participant in our workshop, fellow artist or maker, friend or foe.  I hear about this all the time.  Sooner or later, most of us become aware of someone else's work that is just too similar our own.  

When you experience such a situation, a key question might be, "Are copies necessarily an intentional act of the copycat?" And how should you handle this situation? Do they understand the consequences?  

Magnes-Sign-Victor-Reis-Fence
Original Victor Reis metalwork from the gate of the Magnes Museum now shown in Berkeley.

This is not a new problem.  I found an example of this exact situation in the Archives of American Art Research Collections consisting of an exchange of letters between two metal artists in the 1950's.  The first letter is from Victor Reis, a San Francisco Bay Area metalsmith of local renown at the time (ca. 1956).  In the letter Reis writes to Margaret De Patta about a ring she is selling which he declares is a copy of his own design. While Margaret De Patta is well known now for her jewelry, at the time she was a struggling art jewelry maker (just like the rest of us). An excerpt from the Victor Reis letter is provided below with a link to the original letters. 


Victor-Reis-drawing-ring"Dear Margaret, This letter is not suppose[d] to be a bad one. But I['d] like to express my feelings and talk open and free to create a clean atmosphere even if there are some clouds around. A visit in the city, a look into Nancy's display, gave me a strange feeling. I saw the Margaret De Patta display with a ring about 100% like one of mine. " .... He continues,  "It's not  a complex of me, that I believe so often to find my work executed through others, like a necklace through Merry Renk."  Victor Reis' letter continues with more examples and small drawings. Take your time to read the letter as it is very interesting.

De-Patta-maker's-markMargaret De Patta replies in a letter, "Dear Victor - Your letter came several days ago. Needless to say I have given it much, much thought. First I want to say that I am glad that you have written openly to me. A person can never honor statements that are made behind one's back, and I have heard of these from several sources."

De Patta's letter continues and suggests that the San Francisco Metal Arts Guild  board should establish a method for mediating such matters.  Obviously, 50+ years later we (the arts and crafts community) still have similar issues and have not yet agreed upon a method for mediating these copycat scenarios even among friends. 

Encourage-Communication-with-the-copycat

So who is the copycat?

I have not yet found any documented resolution regarding the issue discussed in the letters, but I was impressed that Victor Reis and Margaret De Patta did follow a vital precept endorsed by Rachel Fischbein, to initiate the "Initial Copycat Communication." Write to the copycat offender with a non-threatening business like manner seeking an amicable solution with documentation.  


What-is-a-copy-copycat copyWhat would your documentation include? Rachel Fischbein in the post "What is a Copy? Copycat" 
 describes a methodical approach to evaluating whether something is a copy. The key element to this evaluation is to document the similarities. "Figure out who's product was created first" and "Determine if the copier had access to your work." 

 

Here-list-copycat-communication

Here is my list for copycat communication:  

  • Compare and evaluate the copycat version to your work.  
  • Document where they may have seen your original work.  
  • Write a private, non-threatening letter to the copycat.
  • Follow Rachel Fischbein's recommendations for a structure of this letter.
  • Discuss the situation with the copycat.
  • Do all this direct communication before going public on social media.

During this evaluation, keep in mind that the technique* or materials can not be copyrighted -- paint is paint, clay is clay, metal is metal, enamel is enamel, etc. So the copy has to copy a style, design, aesthetic  or conceptual component in the "copy." 

Going back to the reference to the Margaret De Patta letter she says, "A person can never honor statements that are made behind one's back, and I have heard of these from several sources." Take the time to write a civil communication documenting the apparent copycat scenario as you see the situation.  Just like Victor Reis reaching out to Margaret De Patta, if you have concerns, it is best to direct them privately in your "Initial Copycat Communication."


These are your first and second steps before jumping to public accusations
 on Facebook (or another public forum). This may fly in the face of our natural impulses to either retreat into a cocoon to avoid any confrontation or publicly "burn" the offender.


Facebook-dastardly-deedsHowever, in the age of the Internet, more than a few online discussions dealing with a copycat scenario start with a Facebook post along the lines of  "what shall I do?" or thinly veiled references to dastardly deeds .

The posts by Rachel Fischbein taught me that no matter what the copycat violation, a key message is to take professional, non-threatening and clearly thought out actions before burning any bridges or escalating to a crisis.  

While I have no easy solutions to the slippery territory of the copycats that live in your community, I do think it is worthy of discussion and communication, hence this post.  

Let me also acknowledge that many individuals have said that pursuing this level of documentation and communication with the copycat is a "waste of time."  The "originators" is this camp typically justify ignoring their copycats with a rationale such as  "I have moved on." or "I don't care so much about old work." or other similar reasoning.

I disagree -- because there are moral, legal and financial consequences of ignoring a copycat, and of being a copycat. This will be the subject of the next post.

In the meantime, I welcome your opinions about this topic.

Harriete

 *"Copyrighted technique"?  In short, there's no such thing.  The description of a technique may be copyrighted to the extent it includes creative elements, but the underlying technique, and the factual description of it, are not subject to copyright protection. SonnabendLaw Intellectual Property and Technology Law,Brooklyn, USA

Margaret-De-Patta-ring-Antiques-RoadshowAppraisal of Margaret De Patta jewelry on Antiques Roadshow

 

 

 

 

 

 

  Margaret-de-patta-jewelry

Margaret De Patta jewelry including ring, brooches, and earrings appraisal on Antiques Roadshow
 

 

 

 

 

Read the previous posts by Rachel Fischbein:

What-is-a-copy-copycat copyWhat Is A Copy? Copycat?

 

Initial-copycat-communicationInitial Copycat Communication

 

 

Going Public-speaking-up

Going Public: Speaking Out! Public Disclosure of a Copycat Complaint


Going Public: Speaking Out! Public Disclosure of a Copycat Complaint

Going Public-speaking-up
Sometimes when the copying is blatant and
direct communication between the two parties fails, the designers, artists or makers who have been wronged by a copycat consider reaching out to the public for support to draw negative attention to the misbehaving copier.

Public support can be a helpful move, if done thoughtfully, particularly for a small company copied by a large company. Before you take this drastic step though, be mindful of the potential consequences, and think carefully about how you’ll plan the public statements. Public shaming is particularly tempting when you’re angry. Before you go to the Internet to publicly vent frustration, consider what your long-term goals are and the impact your behavior will have on your business.

This is the third post by lawyer Rachel Fischbein about dealing with a copycat situation. The first post was "What Is A Copy? Copycat?"  The second post was "Initial Copycat Communication." ASK Harriete recommends that you read these posts before taking any actions. Fischbien recommends focusing on the issue, not the people involved.

Rachel-Fishbein-headshot
The opinions expressed in this post are by the author, Rachel Fischbein, Esg.,
founder of Law On The Runway, and do not necessarily reflect the opinions of ASK Harriete or Harriete Estel Berman. No endorsement or refutation is implied. Images are provided by Harriete.  As with the previous guest blog posts by Rachel Fischbein, please consider this blog general information, not legal advice. Should you have a concern about copyright infringement, please speak directly to an attorney to get advice on your unique situation.

      _____________________________________________

When preparing to make a public statement about the copycat incident, refer back to your notes of the timeline and educate yourself on copyright laws. Make sure what you are saying publicly is accurate, and you’re being fully truthful. You may want to consider publishing a longer document as a blog post, a downloadable document, or even a website to explain the copying and the interaction with copycat. Include all the important details, so it's clear you aren’t trying to spin the truth in short social media posts. Curious minds will be looking for the facts needed to come to their own conclusion. Walk the readers through the legal standards of copyright infringement and how the facts of the situation show infringement. You may want an attorney’s assistance for this.

While you may be dealing with difficult personalities of the copycat, always keep the statements and public conversations focused on the copyright infringement facts, and not about the people who represent the copycat business or designer. You may encounter a person on the copycat’s side who is deceitful and disrespectful, but your statements shouldn’t be about that person’s character traits directly. Limit your statements to the actions taken by the copycat and the copycat's  representatives.

You may post copies of emails or other documents sent to you by the copier, if the documents or emails were not sent after a promise of confidentiality from you. Be cautious though when using most intellectual property created/owned by the copycat. You may post only want it necessary to make your point, using the Fair Use doctrine of Copyright. Do not copy their logo to add their branding or unnecessarily take screenshots of their website for reposting. When in doubt, consider linking directly to the copier’s website. Be sensitive to their intellectual property and respect any information that they may have shared with you with an expectation of confidentiality.

 

Going-Public-reputation-showcased
Remember your reputation is also being publicly showcased.
This public statement is not only a reflection of the copycat’s business practices, but your reputation as well. Write your statements with professionalism and care. Try to showcase your logic and a desire for justice. Have a friend who doesn’t know about the issue read your statement first, before you publicly post anything. Ask for honest feedback about how your business looks in light of the posting. Does the statement foster the type of reputation you’re trying to build for your business? A public statement being passed around the Internet may be someone’s first introduction to your business. Remember, once you publicly post anything to the Internet, consider that it becomes a permanent posting. Someone may save a copy and bring it back to public attention in the future.

 

Going-Public-tell-communityTell the community exactly what they can do to be helpful.
Go back to your original goals as discussed in post #2 about Initial Copycat Communication. What do you want from the copycat? How can others in your community or the general public help you get what you want? If the copycat is a service provider to others in your community, such as a manufacturer with a private label, perhaps you can ask other designers to not use the manufacturer’s services in the future. If the copycat is a large brand, perhaps you are asking for social media sharing and public visibility.

Include your ideal resolution as well into the messaging. Let the copycat know it isn’t too late, and now there’s only shame to suffer through.  Possible resolutions include:

  • A licensing or royalty payment for the use of your designs.
  • A promise to stop creating that product in the future. 

If the copier does agree to a payment or to stop production, be prepared to make one final public statement, if requested by the copycat, letting the community know how the problem was resolved.

Rachel Fischbein

ASK Harriete asks: 

Are there any negative consequences to a public airing of the  copycat situation? (This is assuming that everything that the copy victim has written is professional in the public disclosure.)
 
Can the copy victim be sued for this public disclosure of the copycat situation?

Are there any other negative consequences that the copy victim should be prepared for?

I will try to find some answers.

Read the previous posts by Rachel Fischbein:

What-is-a-copy-copycat copyWhat Is A Copy? Copycat?

 

Initial-copycat-communicationInitial Copycat Communication

 

 


More information: 

Fashion-Law-primer-protecting-your-designsFashion Law Primer: Protecting Your Designs

 

 

Information about Fair Use:

Fair Use Guidelines

 

Fair Use - Is your work "transformative?"

 

Understanding Fair Use in Copyright Laws

 

Fair Use and Copyright Issues for Artists


 




Initial Copycat Communication

Initial Copycat Communication
This post is part two of a three article series by Rachel Fischbein, Esq.
on what to do if you find someone copying your work. Today’s focus is on the initial communication with the copier.

What-is-a-copy-copycat copyBefore taking steps to reach out to the copier, please review the first blog article "What Is A Copy? Copycat?" to determine the type of copying and to develop comprehensive documentation of the copycat's copy.  This should be an ongoing effort on your part until the situation is resolved.

Feeling harmed and disrespected by your copier makes it tempting to send an angry email, threatening a lawsuit and berating the copier for his or her actions.  Often this type of email is the least effective way to create a behavioral change or to come to an agreement with the copier.

Below are tips for the first communication, intended to create an opportunity for positive results to end the unwanted copying.

Rachel Fischbein profilePlease note that this is general information and not legal advice. Please contact an attorney for advisement on your unique situation. The opinions expressed in this post are by the author, Rachel Fischbein, Esg., founder of Law On The Runway, and do not necessarily reflect the opinions of ASKHarriete or Harriete Estel Berman. No endorsement or refutation is implied. Images are provided by Harriete. 

First Communication with a Copycat
Decide Who Will Send the Initial Communication
Despite being an attorney, I do believe that sometimes these matters can be more easily resolved by two parties communicating directly to each other. I particularly encourage the initial reach out to be personally between the designers when both parties are small business owners.  When the parties are two artists or small companies, the ability for the parties to relate to each other can be helpful in coming to an agreement.

When an artist or small company has a design copied by a larger company, having an attorney send the communication can be a good way to show the importance of the issue and the confidence of the designer knowing his or her rights.  Even when you’re doing the initial communication yourself, you don’t need to be alone in the drafting of your first communication with the copycat. An attorney can review the email draft, giving suggestions on how to explain your rights, and offer persuasive language tips, coaching you through the negotiation.

Decide How the Message is Sent
In addition to who will the send the initial communication, consider the communication channel. A physically mailed letter adds a tone of severity and formality that can be beneficial. However, the mailed letter isn’t likely to receive a quick response. An email encourages a fast exchange of information and a more personal connection.  In some situations, you may want to send both, to ensure that the copier received the message, knows of the severity, and has the encouragement to quickly respond. If you do send both an email and a physical letter, let the copier know a letter is on the way in the mail, so they aren’t surprised by the duplicate message.


Explain Your RightsExplain Your Rights and What the Copier Did Wrong
When asking someone to agree with us and to see our point of view, it is important to walk the other party through our thought process with clear details. We need to explain the situation to the other party, offering them first, an overview of what rights are protected by trademark, patent, or copyright laws, and then why their actions were a violation of those laws. Sometimes designers are confused when establishing the line between inspiration and copying. Ideally, we want the other party to come to the same conclusion as us, that their actions were taken against your rights to the designs, and it could harm both of your businesses. In addition, explain why your rights are protected. Designers are visual. Add photos or diagrams if it feels appropriate and helpful.


Share Alternative Resolutions to the copycat
Share Alternative Resolutions to a Lawsuit
When explaining what the next steps are for fixing the problem caused by the copying, it is reasonable at this point to suggest that a lawsuit could occur to establish your rights, but also that there may be business reasons why it is beneficial for the other designer to end the copying behavior. Every situation is different, so the best way to work through this is to place yourself in the shoes of the copier.

What would convince you to change your behavior?
Are there alternatives that you can suggest that would end their copying and strengthen their business, as well as yours?

Give the copier directions for how they can resolve the issue.
This is your chance to offer options for a resolution to meet your ideal ending. Be clear on what you want.

  • Do you want the copier to merely stop selling the product in the future?
  • Could you ask for a portion of the previous sales?
  • Are you willing to license out your design to them for a portion of the future sales or one-time licensing fee?
  • Think about how you can benefit from the copier’s actions and efforts.
  • Perhaps along with compensation you might want recognition as the designer for the benefit of having your name exposed to more people.



Encourage Communication with the copierEncourage Communication
Remember, the goal with your initial letter is to create change and movement towards a solution, it is not to vent out your anger and frustration.

  • Make yourself approachable and keep the communication channels open between you and the copier.
  • Let them know that you’re available by phone or email.
  • Suggest some times that would be ideal for a phone conversation.
  • Your copier is more likely to honor your rights when you’ve established a personal connection and listened to their side of the story.
  • Give them a chance to step up and act with integrity.


Silence or Disrespectful CopierSilence or Disrespectful Copier
Most of the time, copiers are willing to change behavior when a personal connection is made and you’ve logically explained the issue to them. However, sometimes we have difficult personalities to face and we have to consider alternative ways to encourage behavior change through reputation damage, threat of lawsuits and/or public shaming. These tools are meant for “worst case” scenarios, and not as starter tactics.


The next post by lawyer Rachel Fischbein will address this "worst case" scenario where  public disclosure, shaming, reputation damage, and threat of lawsuits may be necessary.
 Subscribe to ASK Harriete so that you won't miss the third blog post in this three article series on ASK Harriete!


The Series about copycats
Follow this series:

What Is A Copy? Copycat?

Fashion Law Primer: Protecting Your Designs

California Lawyers for the Arts Offers Legal Resources & Information

 

Links-goldShare this post with appropriate attribution and link to the original post to bring awareness to your community. 

Harriete

 

 

 


What Is A Copy? Copycat?

What-is-a-copy-copycat-copy-copy
This post addresses several variations of an all too common story, a designer is gaining traction on her designs, getting known for a particular style, feeling some success from her efforts, when suddenly a friend emails; "Take a look at these designs," the friend says. "They're just like yours." As the designer, you're understandably feeling harmed, disrespected and worried. But before you fire off an angry email to the copycat, read through this post to plan out your strategy. This post is meant to be general information, not legal advice, so if you are seeking counsel on your unique situation, please contact an attorney. 

Note: The opinions expressed in this post are by the author, Rachel Fischbein, Esg., founder of Law On The Runway, and do not necessarily reflect the opinions of ASKHarriete or Harriete Estel Berman. No endorsement or refutation is implied. Images are provided by Harriete. 

What is a copy?

LightbulbsShocked and surprised when we see a copy of our work or ideas
the first step is to examine the copycat version carefully looking to see what is being repeated. 
Is it the unique idea captured by product, or is it the design of the product? If it is the design of the product, did the copycat repeat the functional or useful aspects of the product, or is it the stylistic and aesthetic parts of the design that were copied? Did the copycat try to imitate something about your product that displays your brand identity? 


Necklace copyFunctional or Useful Aspects of the Products:
If the copycat looked at your product and saw how the product worked, and decided to recreate the functionality portions of the product, you could look only to patent law for protection. Once your product is released to the public, anyone may copy the functional aspects of your product, unless you have filed for a patent and secured the rights to exclude others from that design. 

 

Necklace-idea-adornmentAesthetic or Non-Functional Aspects of Your Design:
The parts of your product design that were meant to be pleasing to the eye, and not serve a functional purpose are easiest components to protect from copycats. We typically use copyright laws as protection for designers, but design patents can be used as well. If the copycat recreated your unique print pattern, etching design, drawing, photograph, painting or 3D sculpture design (including aspects of jewelry that look like small sculptures) you may be able to stop the copycat. 

 

 

Branding:
Is the copycat trying to make the products look like they came from your business? Could a consumer be confused in determining if you and the copycat are the same business or separate businesses? If the copycat is trying to make the product look like it came from your business or is using similar branding, we look to trademark law for protection. Always keep in mind that trademark law has two functions, to protect the business owner, and also to protect the consumer from being confused about the origin of a product. 

Notebook

 


Document & Create Timeline:
After you identify what makes the product similar to yours, its time to document what is happening, before you reveal to the copycat that you're aware of the situation.

 

 


If the product is for sale online:

  • Take screen shots of the listing.
  • Look to see if there's a history of reviews?
  • How long ago did the copycat start selling the product?
  • Look at the copycat's social media.
  • Has the copycat mentioned this product?
  • How long ago was its first mention?  
  • If it’s a small business doing the copying, dig into the identity of the copier.
  • Do you know them?
  • Could you have seen each other at a trade show or event? 
  • Did they enter your booth, discuss your work, or attend a workshop you gave?

Get all the facts organized.

  • Figure out who's product was created first.
  • Determine if the copier had access to your work or would have been prompted to discover your website and saw your public product listings.
  • If they have repeated your functional design aspects, look to see if they have any mention of a patent on the product, such as a patent serial number. You can also use Google Patent Search for a preliminary investigation to see if someone else actually holds a patent on the design you thought was uniquely yours! 

Decide What You Want to Best Benefit Your Business

As a designer, you're probably creating products out of passion, but also desire financial success for your efforts. Sometime we can take moments of negativity, such as discovering a copycat, and turn them into a business opportunity.

Instead of approaching the copycat with hostility and anger (and a threat of a lawsuit) consider alternatives.

  • Could the copycat bring something desirable to your business, such as a new customer base or a chance to license your designs to the copycat?
  • Think strategically about how you can get the copycat, who clearly believes in your products or business to bring you into their profits.
  • Lawsuits are slow moving and expensive. Perhaps working together with your copycat will provide the biggest and quickest reward. 

Working through creative ways to benefit from the copycat’s actions brings us to our next post, sending that first letter to the copycat....

Stay tuned for the next two posts by Rachel Fischbein, Esg.

The next post will be about the Initial Copycat Communication.

The final post in the series will be about the issues of public shaming of a copycat to gain the attention of the copier.  and hopefully, generate a resolution.  

Follow this series:

Fashion Law Primer: Protecting Your Designs

California Lawyers for the Arts Offers Legal Resources & Information

 

Links-goldShare this post with appropriate attribution and link to the original post to bring awareness to your community. Harriete 

 

 

 

Post Guest Author: 
Rachelfinal2015-2Rachel Fischbein is the founder of Law On The Runway. She primarily assists fashion and beauty entrepreneurs as they build the foundations of their companies and navigate contractual relationships.  She has been published by Women 2.0 and Young, Fabulous, & Self- Employed Magazine. Ms. Fischbein is also on the board of directors of PeoplewearSF, a nonprofit supporting the Bay Area fashion industry. Rachel is a frequent presenter on topics such as intellectual property rights within apparel and jewelry designs, privacy law issues of wearable technology,
and the regulations of social media and blogging.

 

 

RELATED POSTS ABOUT COPY, COPYCATS & COPYRIGHT:

Copycats Cost Artist $250,000 Loss 

Alibaba Who? AlibabaMe?

Cultivating A Culture of Copycats  

The Guild of Unauthorized Sharing

Fair Use Guidelines

"I love your work and want to make one for myself"

Purchase of an Object versus Purchase of Copyright or Right to Copy


Fashion Law Primer: Protecting Your Designs

Fashion-Law-primer-protecting-your-designs
Law-on-the-RunwayI recently attended a workshop with Rachel Fischbein, Esq. , titled "Fashion Law Primer: Protecting Your Designs." 

The evening program covered the legal aspects of protecting creative designs in jewelry, fashion accessories, or branding with copyright, trademarks and patents.

Rachel-Fischbein-Esq-Law-RunwayThe evening went very quickly. Rachel had to push at a reasonably fast pace for the hour and a half just to cover all the legal options.  We had time for a few questions, but I would have loved more discussion, even hours more discussion.  I was anticipating so many possible situations to apply her suggestions in the craft community.


Design-patents-Utitlity-trademarks-copyrightDesign patents, utility patents, trademarks, trade dress,  and copyright are the legal options to protect design work.  
Publication and registration timing are significant considerations in protection of your art, designs, brand, or even protecting workshop content.  

Are you considering a Licensing Agreement? Work for Hire? 

Surely,  there is no doubt that hiring a lawyer like Rachel Fischbein to protect your intellectual property would be worthwhile. What I loved about listening to Rachel was that she wanted to work with the jewelry and fashion industry.  She is on our side. 

The irony was at the time she made it sound so easy and straightforward, yet now I look at my extensive notes and I am discouraged and rather overwhelmed. I took the workshop to become more informed, but it isn't a substitute for a legal career. It seems inappropriate to become a "workshop imposter" to share her workshop in a post. I think Rachel's voice of experience would be fabulous content for professional development at the next conference sponsored by your local/national organization

When I look at the plethora of the copycat incidents, there is a big problem with all the legal protections Rachel mentioned. Most of us aren't taking these legal steps, nor do we have the resources to take a copycat to court. So how do we  protect our ideas, designs, brand identity or even a workshop title or content with our own initiative?

How are we realistically going to stop the copycats that may not know that it is unethical and illegal to copy designs and ideas.  Or how about the ugly reality, that some of the copycats just blatantly do not care. 

So here is some breaking news!  Rachel has written a 3 part series for ASK Harriete starting next week.

Post #1  What Is A Copy? Copycat?

Rachel Fischbein says, this blog post addresses the variations of an all too common story, a designer is gaining traction on her designs, getting known for a particular style, feeling some success from her efforts, when suddenly a friend emails. "Take a look at these designs," the friend says. "They're just like yours." As the designer, you're understandably feeling harmed, disrespected and worried. Before you fire off an angry email to the copycat, read through this blog to plan your strategy.


Post #2  
Initial Copycat Communication

What should your initial letter to the copycat say? Rachel Firshbein will guide us through the "Cease and Desist" letter strategies. 

Post #3  Going Public: Speaking Out! Public Disclosure of a Copycat Complaint

 

Below are blog posts, worksheets, and workshops offered by Rachel Fischbein.

Trending Legal Issues in 3D Printing in the Creative Arts (especially the fashion industry)
 This workshop was given in May 2015 but I hope that California Lawyers for the Arts hosts it again."As 3-D printers are becoming more accessible and affordable to the public, the increasing use and availability of 3-D printers will drastically affect intellectual property protection -- especially in the fashion industry."

Worksheet for agreements with Independent Contractor Designers 
"A worksheet of topics and questions to discuss when working with designers who you are independently contracting."


Worksheet for Terms & Conditions of Fashion or Beauty Website 
"This worksheet is to help business owners of a fashion or beauty company as they begin selling products online. By working through the worksheet, you'll make business decisions needed for your terms & conditions of your website."

Consultation Hour- Worksheet Assistance
"Did you recently download one of the Law On The Runway worksheets? Do you need assistance with filling it out or implementing the information into your business? This is a special discounted rate for consultation on the worksheets provided in the Law On The Runway store. After completing your purchase, please reach out to Rachel@lawontherunway.com, to set up a time for your consultation."

Harriete

RELATED POSTS: 

California Lawyers for the Arts Offers Legal Resources & Information




California Lawyers for the Arts Offers Legal Resources & Information

California-Lawyers-for-the-artsCalifornia Lawyers for the Arts is an advocacy organization for artists, makers and musicians. For 40 years they have been providing artists and musicians with referrals to lawyers, dispute resolution services, and education programs along with a publication library specifically for individuals in the creative arts and for art organizations.

I have attended many of their educational programs and used their arbitration service. Recently, I recently attended a program titled, Fashion Law Primer: Protecting Your Designs taught by Rachel Fischbein, Esq. (More information about that class in the next post.)  

Rachel Fischbein will also be writing a post for ASK Harriete on how to approach a copycat infringer, composing a cease and desist letter, and what documents you should keep before and after you notice the copying.  A follow up post will illuminate whether or not to make a public statement about the copying. Are there any legal consequences to discussing a copycat situation publicly? I really want to know. So stay tuned for this series on ASK Harriete.

BACK to information from
California Lawyers for the Arts:

While CLA was the first legal organization to support the arts, I know many states now  have their own organizations. Do some research for your state. 

For any one of us witnessing examples of copied work, stolen ideas or workshop content, or borrowed or copied images, what is the legal recourse that offers an alternative to hiring lawyers?

"Copyright issues are exclusively a matter of federal jurisdiction, but taking a case to federal court, with its arcane local rules and discovery procedures, can be expensive and time consuming. A survey by the American Bar Association showed that the average cost of a copyright infringement lawsuit in Los Angeles through the end of discovery was $292,000; the average cost through the end of trial and appeal was $517,000.  Unless actual damages are truly substantial, the copyright holder will be without an effective remedy in federal court. "

It would be ideal if there was an option such as Small Claims Court. This article,  Small Copyright Claimants Need Access to Justice on the California Lawyers for the Arts website from 2013 discusses this option. Perhaps at some time in the future with advocacy from the arts community there will be a small claims court option available for everyone. 

The blog on CLA includes informative articles which are worth reading about copyright infringement.  The "ongoing debate about sampling rights and legal ownership of musical property" is discussed in their post Blurring the Lines Between Homage and Infringement.  If you aren't familiar with the copyright debate regarding this song, or any copyrighted content, a post on ASK Harriete,  The Good Wife Discusses Copyright Infringement, Derivative Work, Parody and Fair Use  offers more background on this topic.

 While the legal case above involved music rather than visual arts, the same principles apply. "Ostensibly, it would seem that copyright infringement is straightforward: either you appropriated someone else’s work and called it your own or you didn’t. In order to be found liable for infringement, two things must be proved. First, there must be direct or indirect evidence of access to the original composition. Then, if access has been established, “substantial similarity” between the original and the alleged infringing work needs to be shown." 

Stay tuned for a future post by Rachel Fischbein for your first steps in dealing with copycats.

NOTE "TO WHOM IT MAY CONCERN:" Copying someone else's work or appropriating someone else's ideas or images is not only illegal, but is ethically, morally and artistically a complete dead end to your future career.

Harriete

 

 


Vintage Visual Feast Thanksgiving 2015

Every year, my favorite part of the holiday season is theme development in preparation for my Thanksgiving table . Similar to theme development for a booth display, the theme for a table should stimulate a visual feast of repeating design elements over and over.  

Thanksgiving 2015 photographed by photographer Philip CohenPhotograph of the Thanksgiving 2015  by Philip Cohen.

My goal each year is to reinvent our Thanksgiving table and deliver a completely different and memorable experience. This year it was inspired by vintage 1950's/60's screen printed Filkauf commercial fabric,fabric that I found in a secret, dusty, musty storage room at Direct Office Furniture in Harrisburg, PA. (Check out the Red Door Consignment Gallery for great furniture options at the same location.)
Fiklauf vintage fabric for our Vintage Thanksgviing Feast.
 Vintage Fabric from the 1950's/60's is marked "Filkauf Inherently Fire Retardant Fabric Screen Printed".

The screen printed leaf pattern and fall colors were perfect for a Thanksgiving table. To save time I fringed the edge. It looked great.
Filkauf Inherently Fire Retardant Fabric was vintage 50's 60's in fall colors

Long Thanksgiving table for 17 people A phenomenal stroke of good fortune, the fabric was large enough to cover the entire table for 17 people in one piece.  Photo left is before setting the table...   

 

 

The idea for the vintage theme began 5 months ago with the discovery and purchase of two "atomic era" (1950's) starburst candlestick holders from West Germany.Vintage atomic motif plastic candlestics from West Germany started our theme for Thanksgiving.


Atomic starburst plastic candlesticks from West GermanyYes they are a little weird but I loved the orange translucent colors and vintage atomic aesthetic that also reminded me of pumpkins. Then I had to find six more online. Amazingly, most of the Friedel Gesch plastic purchased online was unused, still with the original tag. Imagine, they have been sitting in a drawer for 60 years!


Thanksgiving 2015 031

Orange candles weren't hard to find. Adding small sugar pumpkins boosted the orange shapes and color  on the table. The sugar pumpkins will be cooked at a later date. 


Gold leaf glasses for our  Thanksgiving 2015 037These vintage Libby glasses from the 1950's with gold leaf design further repeat the leaf theme of the table cloth perfectly. I bought them for a past Thanksgiving and fortunately had about 20 of them. 

  


 

The gold plated flatware was my grandmother's from the 1960's. I remember when she bought it. I think she only used it once. Dishwashers and convenience-focused lifestyles really brought an end to gold leaf glasses and gold plated flatware. None of this is dishwasher safe.  

Gold plated flatware complete of Thanksgiving theme

All of the plates were from my collection of vintage dinnerware collected over the years. The colors were selected to match the colors in the tablecloth.  The plates sat on gold chargers to repeat the gold of the flatware and gold leaf glasses. 

Thanksgiving 2015 012

The floral arrangements were real fall leaves with the addition of some dried orange pods. Both the leaves and orange pods echoed the tablecloth leaf motif and colors.  

Thanksgiving 2015 001

 


Thanksgiving 2015 007Left 
is our menu card inspired by the vintage fabric tablecloth.

Dessert included a carrot cake with cream cheese frosting in the shape of leaves inspired by the tablecloth. It took a whole crew and hours of work . . . and topped off with a final touch of chocolate creativity to bring this to fruition.

 

 

 

 

 

Making our Thanksgiving dessert to match our vintage tablecloth.  

The dessert crew made abstract chocolate leaves as the final touch.

Thanksgiving 2015 021

The photo below shows how you make the chocolate leaf shapes. 
Thanksgiving 2015 023
Just paint warm chocolate on wax paper, let them cool, and peel them off. 

Vintage fabric, dishes, glasses, and flatware with atomic candlesticks. 
Theme development with repetition of the visual elements works every time. Give it a try for your next holiday table or booth display. 

Thanksgiving 2015 002

Thanksgiving 2015 029Harriete 

P.S. Commercial fabric is often fire proof so it would be suitable for booth display.

E-bay and Etsy are both great resources for finding obscure items for theme development. 



Thanksgiving tables from previous years:

Many images of my Thanksgiving tables can be see on Facebook albums. 

Thanksgiving 2014 flower arrangements 003Thanksgiving 2014- Setting the Table

 

 

 

 

 Philip Cohen photography of Thanksgiving TableGelt, Gilt, and Guilt - Thanksgiving 2013

 

 


Thanksgiving a Visual FeastThanksgiving Visual Feast Giving Thanks

 

 

 

 

Thanksgiving with a mondrian inspired color blocks in red, blue, yellow and black  outline.

Thanksgiving 2012 was inspired by a Mondrian  color theme including the cake and cookies. 

 

  

 

Thanksgving birthday cake with sculpted cream cheese frostingThanksgiving 2011 followed a leaf motif including the drinking glasses and the cake with sculpted cream cheese frosting.

 

 

 

 

 

 

 

 

Thanksgiving 2010 was black, white, grey and chartreuse green

Thanksgiving 2010

 

 

 

 

 

Thanksgiving 2009 with a beautiful Thanksgiving festive table.Thanksgiving 2009 is  a traditional fall motif with leaf motif including cake and our drinking glasses with gold leaves. 

 

 

 

 

 

 

 

Thanksgiving in Black, Grey and SilverTHANKSGIVING 2008  was black, grey and silver. 

 


Art Adventures in Wonder Washington, D.C.

Adventures always start with a journey. After a 3,000 mile, cross country red-eye flight I arrived in Washington D.C.  exactly 6 hours before the fancy shindig opening at the Renwick Gallery.

WP_20151110_037My first goal for the day was to see my own artwork on display at the Smithsonian American Art Museum.

Luce Art Center at the Smithsonian Museum of Art In this gigantic museum (right), I was searching for an area called the Luce Art Center.

The artwork on display in the Luce Art Center is shown on shelves to offer insight into the depth of the permanent collection in paintings, sculptures, folk art, and crafts.Harriete-Estel-Berman-Renwick-LuceFamous Selection from the series "The Deceiver and the Deceived" 

My metalwork was surrounded by the excellent company of other metalsmiths.


WP_20151110_012The acquisition number next to each object allows the viewer to look up information online. There were computers nearby if you wanted immediate access to information.  Information on my piece can be found at 1997.51.  A little weird...online they show only the back image of my work so maybe they couldn't tell the front from the back. I'll have to write to them and correct this mistake. 

FURTHER IRONY AND UPDATE: I wrote to the Smithsonian about the lack of a front image on the Luce Art Center website. They were very kind to write back and will try to correct the omission. It turns out the front image of "The Deceiver and The Deceived" is on the main website, but the artwork was photographed side ways. The wall piece should have been photographed with the word "famous" at the top. Usually an artist wants their work photographed right side up, but since their is a keyhole on the back for hanging, I thought the photographer would have figured out the right way to photograph it. Oh well.

Smithsonia Art Museum building
The Smithsonian American Art Museum is amazing.  The building is a dazzling combination of ornament and decoration that I never tire of admiring. The variety of collections and exhibitions is extensive. I highly recommend this as an art destination of the highest priority. Entrance is free.

Curators at the best museums have an incredible skill for the juxtaposition of artwork. In the portrait gallery "Shimomura Crossing the Delaware" by Richard Shimomura hung directly across from a portrait of Bill and Melinda Gates by  Jon R. Friedman on a painted blue wall.  This conversation between two paintings was worthy of discussion, but I had no one to discuss this with at the time.
(I snuck these images for your review.) 
Shimomura Crossing the DelawareBill and Melinda Gates

 

 

 

 

 

 

 

WONDER
The opening of "Wonder" at the Renwick Gallery
started at 7:30pm.  My amazing art adventure in Washington, D.C.  was a marathon day. 

live statueThis was a festive, celebratory event beyond the usual craft/art opening. This is the first time the Renwick was open after a major two year renovation.

The live woman "statue" (left) was in a central location near the decadent chocolate desserts.

 

busts at the Luce Art Center at the SmithsonianIt  reminded me of the white busts I had seen earlier at the Luce Art Center (left) and the exhibition of Hiram Powers' The Greek Slave. 

Moving through the Wonder exhibition, each large room of the Renwick had a different installation by one artist. Everything was of a monumental scale which was truly wonder - ful.
Patrick Dougherty installation at the RenwickShindig by Patrick Dougherty

I loved each room and the artwork for different reasons.

Renwick wonder slider (5)Installation by Gabriel Dawe. Photo from Wonder Gallery Renwick  

The concept of craft and working with materials was expressed with radically different approaches by each artist/maker. This artwork looks like vibrating beams of light. It was far more intense than this photo reveals (from the Renwick website).  In person, at night, after a very long day, and drinking a strong vodka and orange juice far too quickly (for medicinal relief of thirst), the colored thread seemed to vibrate!!!!!!! 

Walking up the stairs....to see more installations.Renwick-gallery-stairsStairs at the Renwick Gallery leading to the 2nd floor. 

This light sculpture Volume by Leo Villareal (below) hung high up over the stairwell.  

Villareal-detail

This light installation seemed the least hand made craft of all the rooms. The left photo was from the Renwick Gallery website by Ron Blunt.

WP_20151110_073The computer controlled lighting was dazzling like my rhinestone wallet, but it seemed a little glitzy without enough craft soul in this context. (Photo right taken at the opening with my phone.)  

Booker01_0 ANONYMOUS DONOR by Chakaia Booker Photo Ron Blunt

The tire sculpture by Chakaia Booker (above photo) had a demanding presence defining a completely different kind of implementation of hand made; it had a bold, gutsy, uncompromising strength. Made from radial tire detritus it invited the viewer to examine modern materials like tires that keep our society moving.

Now contrast the coarse and ugly tire material to a glass marbles installation by Maya Lin.  (below)Maya Lin installation at the Renwich Exhibition Wonder

I have seen many inspiring installations and artworks by Maya Lin, but for some unexplained reason, this room was not as successful. Perhaps it was too subtle in the excitement of the occasion.  A portrayal of cracked wall (?) seemed ironic considering the two year renovation of the historic building.

Another problem was that some barricade ropes prevented people from walking among the marbles glued to the floor (probably out of concern that a careless step might ruin the installation or risk their lives slipping). 

 

 


Move to another room...Donovan-detailThis installation by Tara Donovan is constructed from styrene index cards. I am still trying to decide what I think of this installation. The volume of new styrene plastic used to make these sculptures made me very uncomfortable, so uncomfortable that I could not appreciate  the visual impact.  I could not ignore the environmental impact of plastic, along with the production and disposal issues.

Saving the best for last. Two more rooms to mention...
Hand made "wallpaper" made entirely from insects. Even the red painted tint on the wall was made from crushed cochineal insects. 

Angus01_0In the Midnight Garden by Jennifer Angus  Photo by Ron Blunt from the Renwick Gallery Wonder website.

Angus-detailThe initial impression of a highly, decorated, hand made wall paper (perhaps consistent with the era of the building) was created from insects. I was told that the insects were farmed in Indonesia. Definitely, this room had a new definition for hand made.   

 

 

 

This installation by John Grade seemed the most "Wonder"ful of all. Grade01_0Middle Fork by John Grade Photos by Ron Blunt from the Renwick Gallery Wonder website.

An entire tree was recreated bit by bit into a gigantic installation that filled the room with awe. Each 1/4" rectangle of wood created a lattice resembling bark surface and tree silhouette. It was simultaneously powerful both close-up and far away.

Grade-detailMost of the photos in this post for the Wonder exhibition came from the Renwick website including the one to the left. At the exhibition, the tree filled the room so completely that I don't think an individual could look down the inside of the trunk like this....but it gives you a great idea of the scale of detail and form.

This was truly an example of the artist's vision combined with execution by hand to bring a grand inspiration to reality. Not everything can be fabricated by machine or created by computer. Sometimes it can only be hand made to create Wonder.

There was one more installation in WONDER by Janet Echelman that has no photo on the Renwick website. I can't say I know what to make of it.  At the opening, the ceiling installation didn't leave me with a strong first impression. I've seen her work at the San Francisco Airport as well and had a similar experience. She's been selected for such prestigious exhibitions as the Renwick and the S.F. airport, but these two installations seemed to be lacking. The airport installation suggests that some computer programmed lighting is supposed to be involved.  As is, the colored cord alone of these pieces look like scaled up versions of work by Ruth Asawa from 40 years ago. There is no surprise in how the materials themselves are used. The only wonder for me is why the work was selected, but tell me what you think.

Go the Washington, D.C. to see the show. Fill your heart and mind with inspiration on a grand and gutsy scale.

Go to see Wonder. 
Harriete