Mass produced without my permission

I made lots of progress today with my copyright stuff. (Thanks to Djerba and her super sleuthing!) I guess since I haven't really talked about it at all here, I should start from the beginning...

About a month ago it was brought to my attention that this specific Fern Animal (sold in 2007 and pictured above left) is being mass produced by a US based company and sold through their holiday catalog, wholesale and very very cheap (pictured above right). I immediately heard my mom say "I told you so" in my head, since she has been telling me to copyright my work for almost five years now. I wish I hadn't brushed her off all those times!

Now I am finding myself working with a lawyer for the first time, and spending hours and hours researching this company, snooping on the internet, and dwelling over what the release of these knock offs may do to my holiday business. It has made me think a lot about how I spend most of my days.

Some people have asked me if, instead of making this company stop making my animals, I would want to just get cut in on the deal. I mean, sure, the idea of sitting back and collecting the cash sounds nice, but not when I think about how that cash is being made. Not when I consider the fact that I determine my prices based on how many hours I spend on a creation (a basic Fern Animal will take me an average of three hours start to finish). Not when I think about that fact that whoever stitched up these little knock offs must only be making pennies for their work. (I sell a typical ornament for $36 - theirs are listed at $4.50 wholesale. Four dollars and fifty cents!) 

This goes against so much of what I love about having my own little business. I love knowing how much time went into making something. I love knowing what materials were used, what it's stuffed with, where the materials came from. I love spending those hours putting myself into a tiny creation, and then sharing it with all of my old and new internet friends, and finding a loving home for this little animal I fell in love while stuffing its' tiny body, or stitching its' cute little face. I love knowing that I began making these specifically to make myself smile, and being aware every day that I am extremely lucky to be able to stay home and create hundreds of these because they make other people smile too. And I love that the people who purchase my animals appreciate the time and love and devotion I put into every single one. 

Actually, the thing that upsets me the most about this whole situation is that this company bought my animal through Etsy. And then a year later they bought a couple more, and copied those too. And today when I was looking through the buyers history, I was able to go through their entire current catalog and find five other artists whose work they purchased on Etsy and then mass produced. I have already contacted these specific people, but once I get the go-ahead from my lawyer I would like to announce the name of the company, along with the sellers username. They have bought hundreds of items on Etsy over the past three years. We need to stop these kinds of things from happening. I really don't understand how someone can go to a place like Etsy, where you specifically buy handmade items sold to you by the person who handmade it, and turn around, ship it to China, and sell hundreds of identical items for a fraction of the cost. How can someone think that is okay? 

Ugh. Well, I suppose I could go on and on about this... but it's late now, and really, I've probably already said more than I am legally supposed to. I've just really been needing to talk about this and make people aware that these kinds of things are going on. And just so you all know, I am not currently selling anything in any brick and mortar shops any where. If you come across a Fern Animal ornament with antlers, I would really love to know where you found it. And even though I don't really want anyone buying these knock offs, I would love to hold one in my hand, and see just how identical it is.

More than any of this other stuff, I want to take a moment now to thank you for supporting handmade.J Just by reading this post you are supporting handmade. You are why I do what I do. You are how I am able to continue doing what I do. And I could never thank you enough for this wonderful opportunity.

UPDATE: I posted a response to the last comment shown below - please click the teeny tiny arrow to read it. Thank you!

Comments

[kate]

i can't even believe it. sorry to hear this.

[kate]

yikes. that is terrible! best of luck with this. it would be great to know the etsy seller's username, just to be aware. did you let etsy know?

[shannon]

Oh, Ashley, how horrible. I'm sure this happens so much more often than we'd like to think. So many people out there feeling just fine about ripping people off so they can make a quick buck. I can't even imagine. Well, I hope you keep us posted however much you can.

[Shell Sherree]

Ashley, that's terrible!!! I have bought two of your adorable little Fern Animals {one for me, one for a girlfriend} and I can feel the love that's been put into each and every stitch. These kinds of horrible things keep happening to creative people ~ mass producers finding something special and knocking it off with crap materials, no heart, no love, no inspiration, no imagination, no soul. And sadly, people buy them ~ usually oblivious that they are basically buying stolen goods. I wish you all the very best in working through the process to make these people accountable for what they have done, but boy, I wish it had never happened to you in the first place. Hang in there ~ somehow, goodness always prevails. :)

[PG]

Arrgh, I am so very sorry to hear this - there is absolutely NO mistaking your animals, they are unique and I am actually surprised that a company in your own country thought they could get away with such a blatant rip off. I live in dread that my own animals will be copied; over in the UK an artist or originator automatically has copyright over anything they produce, without registering, but it doesn't stop unscrupulous people doing similar things. Very good luck with your legal dealing, and I look forward to hearing you've given them a metaphorical kick in the balls.

[Eerika]

Oh my, that's horrible! :(
I really hope you can get these awful people brought to justice, what they're doing is so low they must've had mining equipment to get them there. I just don't understand how anyone can think that doing something like this is even remotely OK. >:(

[Shanon]

This makes me sick and want to cry. I hope you nail them to the WALL. It's despicable and against the law. And they owe you for all the time that has been taken from you trying to sort this out, when you should be creating.

Best wishes to you!

[Chrisi Brown]

Hi there,
i want to thank you for writing this... because at this moment i have one person whose made well over 300 hundred of my little shelf city houses, and i rolled over and took royalties of only 25 cents each cause its all i thought i could get, and another person is selling replicas right on Etsy herself. Both of these people made a deal with me to buy large amounts of my shelf cities to resell in their Etsy terrariums... then copied my work themselves, and so badly! It breaks my heart. But my husband just lost his job and i don't have the time or money to consult a lawyer so i just have to live with it.

Hearing that you are taking action against people like this, though, lifts my spirits again somehow. so thanks a lot!

chrisi

[caroline]

oh my god. hope you sort things out really soon and teach them a lesson. they are so identical from the photo I cant believe it! (yours are much cuter i am sure but still) i cant believe they copied straight like that, no subtility.
i hope you kick their asses.

i'll give my real fern animal a kiss now.

be strong! good luck!

[John Gambino]

This is unbelievable! DO NOT TAKE A DEAL! I'm calling you later to discuss this horrendous news.

[Beetlegirl]

I am truly sorry that this has happened to you. I hope you will continue to share your story, as it may help those who have yet to be touched by such acts. I also hope you will share your process of copyrighting, as there are many of us who, like you, have been placing that "to do" on the back shelf for too long.

[Sarah Wick]

Geez! That's capitalism for you. I'm sorry that you're tangled in this horrible mess. Please don't get too disheartened! Easy to say, I know. But you make something that is obviously valued and wonderful... why else would someone copy it? I hope this fuels your creativity and passion. Keep stitching!

I commend you for taking a stand. It is truly inspirational. Thank you for being so strong about it and shedding light on the issue. I love your work and will gladly recommend it in true form.

[Elizabeth Ruffing]

Oh, what a nightmare...I'm so sorry to hear this. You own the copyright to everything you create unless you sign the copyright away to someone else. Copyright exists from the moment a work is created, and registration is voluntary, according to the copyright office: http://www.copyright.gov/help/faq/faq-general.html#mywork . I put a copyright insignia (the circle with the "c" in it) and my name on every single thing I make, toy, doll, or painting, but even still, I have found myself being ripped off. Not long ago, I found a seller on Etsy incorporating parts of one of my paintings in her needlework kit. I had licensed the image for a needlework kit with one of the big needlework companies myself. I told her to take it down, and she did, but she told me she got the image off of one of those CDs that you get of clip art! She couldn't remember the name or the source, and so I'm still wondering if it is out there. It's just horrible that people steal and blatantly break the law, and it is terrible that the burden is on you to get a lawyer. And you'd still need a lawyer, even if you'd registered the copyrights. At least this company is in the United States, which will probably make it easier to go after them. At the same time, it's all the more shocking that a company in the USA would do this. Shame on them. You should ask them for all the money they've made on your design, and have them remove everything they've stolen from their catalog...cease and desist. Good luck to you!

Take care,

Elizabeth

[Dawn]

Gee whiz...that is just so very awful but I am so glad that you are taking action.
I know I have had smaller problems like this but nothing, that I know of, on this level. It is so, so, so very awful but people have been telling me this about Etsy for a long time now and some folks I have met just won't sell on Etsy. Thanks so much for sharing and I just know this will all work out somehow.
:)

[cathygaubert]

i am so very saddened to hear this! i discovered what happened to you after sarah, smallfox, posted about her owl designs being stolen. the fact that these awful-ies have actually bought from etsy to copy the designs is stomach-turning. i hope that you, sarah, and everyone else who had designs stolen get satisfaction.
$4.50. crazy + sickening. :(
xxx to you, ashley!
cathy

[kendall micayla]

it seems to be a very large problem right now, about three more of my friends have had their craft or their photos copied and stolen. im glad you have been able to get so much information about what they have done, i hope it all goes well for you.
i am so very sorry that this has happened, im crossing my fingers and rooting for you! :) if there is anything i can do to help you or if there is ever anything you need just let me know!
xo

[Elise of Argyle Whale]

That is so horrible! Shame on them. I have lots to say but for now I'll just comment about how glad I am that you are not pursuing a deal with this company.

If this place was so unscrupulous as to blatantly steal your design, they cannot be trusted to keep open records of their sales and would surely rip you off in a licensing deal too.

go get 'em tiger!

[Maritza]

Oh man, this makes my heart sink. So sorry to hear you are going through this. Sending you lots of love & support.

[Kate]

How awful! Unfortunately this seems to eventually happen to almost every artist I know. Maybe it's happened to me and I don't even know it yet...

I hope this company gets what they deserve!
You should have no trouble defending yourself because your little animals are like no others and clearly yours even without an official copyright!!

Best of luck with this!!

I have four fern animals and they fill me with happiness.

[Louise]

i am so shocked, thats a dreadful thing to happen. I really hope you get it sorted out, and that this company gets named and shamed.