Tuesday, October 18, 2011

Copy and Inspiration

Which of these is not like the other?  A friend of mine has come under fire and I am quite upset about it.  I don't wish to say anything negative about anyone, so I won't, but REALLY!?!?
**click the photo to see the whole thing**

Come on, people!   With 7 billion people on the planet, a few of us our bound to have the same idea at some point.  Have you met Brae and myself?  We formed a friendship over situations very similar to this.  Difference is, we treated it as a funny and have continued to do so every time since it first happened.

If miniaturists are going to go under fire for copyright infringement or who took who's damn idea first, then I am sad to day that we are all screwed.  Those of you that make mini chairs?  Wait for the furniture companies to come and get you.  You mini cake makers?!  Ace of Cakes is going to be mad.  Mini food makers?  Beware of the local grocers.  The farmers may get upset that you are moving in on their carrot sales.  Who cares if it's made out of polymer clay?!  Your tiny carrot looks just like MY carrot!!!  SUE!

By very definition, a miniature model or replica is an exact scaled copy of a life size item.  We don't cater to the same markets, people!!  So you get the tiny deer head.  You don't hang it above your life size couch and say, "Hey, friend!  Look at this deer head I bought!  It was a fraction of the price of the one you can get at __________"  Well guess what buddy, it's also a fraction of the size!  Deeeerrrrrrrrrrrr.

And for the record, the smaller deer head differs in a few ways.  Different noses, different antlers and different ears. Let's not forget that the small one will fit in the palm of your hand.  For that matter, the shape is different, too.

I am frustrated that someone working in a different field felt it necessary to get all hot and bothered by such a compliment as a miniaturist gaining inspiration for a modified dollhouse miniature.  Note that I said *modify* not *duplicate*

Definition of *inspiration* and some similar words: (COPIED from thefreedictionary.com)
1. imaginationcreativityingenuitytalentinsightgeniusproductivityfertilitystimulationoriginalityinventivenessclevernessfecundityimaginativeness A good way of getting inspiration is by looking at others' work.

Noun1.inspiration - arousal of the mind to special unusual activity or creativity
ideathought - the content of cognition; the main thing you are thinking about; "it was not a good idea"; "the thought never entered my mind"
germsourceseed - anything that provides inspiration for later work
mother - a condition that is the inspiration for an activity or situation; "necessity is the mother of invention"
afflatus - a strong creative impulse; divine inspiration; "divine afflatus"

Definition of *copy* and similar words: (COPIED from thefreedictionary.com)

.copy - a thing made to be similar or identical to another thing; "she made a copy of the designer dress"; "the clone was a copy of its ancestor"
anamorphosisanamorphism - a distorted projection or perspective; especially an image distorted in such a way that it becomes visible only when viewed in a special manner
carbon copycarbon - a copy made with carbon paper
castingcast - object formed by a mold
duplicationduplicate - a copy that corresponds to an original exactly; "he made a duplicate for the files"
facsimileautotype - an exact copy or reproduction
imitation - something copied or derived from an original
knockoffclone - an unauthorized copy or imitation
miniaturetoy - a copy that reproduces a person or thing in greatly reduced size
modification - slightly modified copy; not an exact copy; "a modification of last year's model"
photocopy - a photographic copy of written or printed or graphic work
print - a copy of a movie on film (especially a particular version of it)
quadruplicate - any four copies; any of four things that correspond to one another exactly; "it was signed in quadruplicate"
replicareproductionreplication - copy that is not the original; something that has been copied
representation - a creation that is a visual or tangible rendering of someone or something
triplicate - one of three copies; any of three things that correspond to one another exactly
xeroxxerox copy - a copy made by a xerographic printer

Next, people will want to be suing painters that paint landscapes and portraits saying that they are breaking copyrights of Mother Nature and mothers alike.  Yeesh.  It's a sad, sad world when artists can be threatened with a lawsuit over where they obtain their inspiration.  
 Personally, I don't think there is a lick of infringement going on, nor is there any other thing worth suing over going on.  Except maybe harassment, slander and down right childish attitudes from the unmentioned third party that clearly has nothing better to do than be... we will go with *unpleasant*.  

Friend, I am sorry that someone felt like they had to insert themselves into your life and attack your art and creativity.  I think that you have handled this very maturely and have gone above and beyond in what you should have done in the situation.  I don't think that you should be forced to quit selling your item, nor do I think that you should have to remove your post where you are exercising your 1st amendment right to voice your irritation.  Not once, do you say anything foul about the third party- even thought they have been up and down all of your avenues with far less decorum than you have exhibited.  I hope you pull out from under this shadow quickly and amaze us with your next creation.

To third party that shall remain unnamed- stand up and pull out the antlers.  Maybe you will feel better then. 


  1. Maybe the "accuser" has never heard of Coke vs. Pepsi!!! :P

  2. Personally, I think the mini one is much cooler! The detailing looks far more like a deer head than the others.

    Best of luck to your friend.

  3. I agree with you whole heartedly! I don't think they can even have a case as the mini deer differs in many ways. I thought they could only have a case if it was an EXACT copy...

  4. Totally agree. 'Accuser' didn't invent lazer cutting technology, nor the slot together construction idea and certainly has no copyright over images of flora/fauna. You friend is not trying to suggest it was her original design nor is she assuming rights to it. I doubt your friend could be prosecuted but this cyber bully has intimidated a talented lady with the usual tactics of 'I'll SUE'!!
    He should be ashamed of his conduct >=0(


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