Messages Archive

Subject:
I have to agree, John.
Response To:
There isn't one... ()

David Barnett
There is truth in everything you say, and I've watched artists driven half mad trying to protect their designs while others laugh off such blatant copying.

At the same time, in other crafts, notably jewelry design, blatant knockoffs and even more subtle encroachments have been successfully challenged by designers and makers, although unlike the individual craft circuit craftsperson, these usually have the backing of large retailers and manufacturers and their legal teams. Neiman-Marcus, Tiffany & Co., et al, don't take lightly to design theft, especially early-on in their retailing of those designs, although as time goes on, one will often see the imitations proliferate until vendors on NYC street corners are selling the knockoffs.

Of course, one doesn't often see this with furniture.

You're dead right. One sure defense against copiers is a boundless imagination and the ability to bring designs quickly to market. Also, one's skill in making, in executing one's original design is another protection. If you can do it better and faster and have a ready market, you're in a far better position.

When I was actively making things, I received email requests for everything from parts and materials suppliers to plans and technical help in product development for those who'd not managed to work out their own methods. I treated those requests with politeness and respect even if the asker's intentions were questionable. More often than not, those who asked were simply ignorant. They thought the elements and working mechanical parts of my designs were off-the-shelf like the 'kits' in turning catalogs or findings in jeweler's supply catalogs. They didn't understand everything I've ever done had been machined from raw materials or fabricated at the jeweler's bench.

In some cases, I've might've agreed to make a one-off so they add the main visible element from their own materials, but when I explained the installation and finishing techniques required, they invariably decided against it. This was not done to purposely discourage them, but that was the effect in every case. Also, I would've had to sell the part for a fair markup over my materials and fabrication costs, and this alone would dissuade most. After realizing what's involved in my product, I'm not surprised they were only too happy to buy one of my already-made pieces.

Also, I've not been averse to teaching how I make certain objects to others, even if it is a making technique that I discovered and developed for myself. Chances are pretty good that I've simply rediscovered something that was done eons ago. I'm not threatened that they will do it better than I can. In fact, I do all I can to make this so. One student learned so well they improved on my technique; everything they did was just a little better than my own, and I quickly partnered up with them so we could learn from each other and mutually improve our art. Our skills in designing, making and marketing complimented one another.

As I said before, when possible, design with the intent to confound copiers, if you can accomplish this without compromising your aesthetics. I have the advantage of skills in several craft fields and the ability to combine them, and even in the same craft field, many of my products have combined complex but subtly rendered designs incorporating enameling, granulation, gem carving and setting, and so on, which makes much of my work too daunting to imitate profitably.

In other words, combine your skills; incorporate carved details into your furniture, boxes, turnings, add tastefully designed features in other materials into your work, such as handwrought hardware, pulls, knobs, glass or stone panels or box elements, and don't forget one-of-a-kind found objects are a great way to confound imitators. You might even discover at some point you're a mixed media artist and wish to enter a show under that crafts category.

Minimalists have the hardest time of it, I suppose, but even so, pristine execution and choice of materials can help. Design proportions, not so much. If you do create an altogether novel design, control your exposure. Get it printed and featured in a magazine, perhaps an ad, gallery or otherwise, so it will be identified as your work, so the crafts cognescenti will recognize its origin as yours.

But I digress...

Getting back to the original question, Bill Tindall's first concern in "Where is the line?" was moral rather than legal, which is what I would expect from Bill, so "it is all fair game unless one can prove their own originality and is willing to defend it in court" is perhaps less germane, as he's asking not whether one can get away with it, rather whether it's right or wrong. I think while there may be individual variation in what one deems to be moral, for the most part these issues address our sense of fair play and right or wrong so will not be too far apart.

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