This just seems so obvious.
Thank you so much for picking this up and sending it to me Whitney! As disturbing as it was to hold this in my hand, it is really nice to have been able to shoot decent photos of the copy in the same poses as the original, hopefully to help make my case more obvious. It is, right? How can anyone say the original animal was not copied here?
My case is moving along super slow, but that's okay. I'm not going to just give it up. This animal was bought for $9.99. That's insane. And it's so sad to see this Made in China sticker on it's belly. Heartbreaking. Well, at least it doesn't say "Fern" on those mass-produced bums.
Here are a couple other copies I found in a local shop, mass-produced by the same company:
A super shoddy version of a little birdie made by Stephanie Congdon Barnes, selling for $12, with that awful sticker right on its face.
And a little owl originally made by Paper Fox.
I'll keep you posted with any new information. Thanks for all of your support. It really helps me to keep my head up and stick with this, no matter how much I sometimes want to just drop the whole thing, to just close up the Fern Animal shop after a good five years, and move on with my life. I know that is not the right thing to do, as hard as it is to know copies of my design are out there, tempting others I'm sure to copy those...
Dear internet friends: you help make me strong. I cannot tell you how much I truly appreciate you. Through all of this, and everything else over the past five years. Thank you.
(you can read the original post about this situation here.)
Gross. It is so sad that this is happening, but we are all behind you. :) We are really, really hoping for a victory... which would be a victory for every handmade artist. Fingers and toes crossed, crossed, crossed... xo
Posted by: skunkboy | December 29, 2009 at 12:05 PM
it's awful you have to go through this, but i'm so glad you're fighting against the bad guys. best of luck.
Posted by: Jen | December 29, 2009 at 12:29 PM
It's disgusting. I often worry about my owls being copied. I know how I feel when I see an item inspired by my owls. I can't imagine how I would feel if someone actually copied them for sale. Wow.
Posted by: Laurie - Old School Acres | December 29, 2009 at 12:48 PM
Oh hun...I am so sorry to see this. Please, DON'T give up! They can mass produce all they want but, it will never replace the real work of art created by you. I, for one, and I am sure many, many others would NEVER by the copy. I hope your fight is successful. That is just an awful shame and we are 100% behind you. And yes, it is an obvious copy. No doubt there.
xoxo
Melissa
Posted by: Melissa de la Fuente | December 29, 2009 at 02:24 PM
Keep strong! You definitely have a case, and I hope you've teamed up with some of the other artists they've copied, there is strength in numbers! I really applaud what you are doing, I feel like too many artists just give up because they think it will be too hard to take on a big company, but we have to fight back!
Posted by: jules | December 29, 2009 at 02:37 PM
When you do find out if it's ok to share who did this please let us know! That's exactly the kind of business I don't want to support!
Best of luck with getting through this, I know it's not easy, but the fight will be worth while.
Posted by: Renee | December 29, 2009 at 04:00 PM
Gosh, they are the same, but they don't have the little details, the quirkiness, cuteness and 'handmadeness' of your critters. This surely sux, especially when you think about what the people making the copies must have gotten paid if they can be sold for $10.
Fight on and stay strong!
xxx.
Posted by: Rebecca | December 29, 2009 at 04:06 PM
Wow, I'm so sorry to hear about this. It's absolutely disgusting, and so blatant! Good luck with your fight - I hope that you succeed.
Posted by: Andrea | December 29, 2009 at 05:01 PM
no way...I''m so sorry to hear that
Posted by: kaylovesvintage | December 29, 2009 at 05:08 PM
Oh my goodness, this is horrible! Good luck in your case, you definitely have one. Whatever happens, everyone knows who originally created it and I'm sure will have no problem spreading the word.
Either way, your original version is way cuter.
Posted by: Melanie | December 29, 2009 at 05:37 PM
This is so awful, I can't even imagine how taxing this whole mess must be for you. I wish you lots of strength, luck and courage for fighting this fight, and I truly hope that you'll win.
Hang in there!
Posted by: Eerika | December 30, 2009 at 06:38 AM
those copies just look so so sad
like sick , ugly , nasty fakes
they are not even worth the materials they are made from
Your animals are works of artful love.
Thanks so much for pushing forward.
Posted by: margie oomen | December 30, 2009 at 08:05 AM
I'm so glad your taken it all on though and fighting it! Stuff like this seems to happen alot - good luck with it all!
Posted by: claire | December 30, 2009 at 10:41 AM
I am so sorry to hear this Ashley! I really hope that you will win this copyright case as people like her should be stopped. (Renee emailed me since the buyer in question bought a bunch from me as well but I don't know yet whether they ever copied it).
best of luck to you and thank you for bringing this to everybodys attention!
Posted by: 12fifteen | December 30, 2009 at 11:47 AM
This is very sad and I hope you are more than successful in crushing these thieves. Thanks for the heads up on the buyer as well since they also bought from my shop. I discovered the name of the company in question after your Etsy convo but would love to see the catalog.
We'll do all we can to help you stop this so keep up the good fight.
Posted by: Laurie Sharp | December 30, 2009 at 12:36 PM
this thing just makes me angry over and over again. and what really gets to me is that, besides ripping you off, they are totally betraying the customers who buy these. i know i'd feel vile and dirty if i had purchased something seemingly so cute and harmless and then found out it was in fact a shameful violation like this. and people aren't given the chance to choose when they don't even know.
i'm sure you have been or will be told that "surely there are worse things happening in this world", but remember that this is not just about you and your little animals, nor is it only a case of copyright issues, it's about what is right and what is wrong.
i wish a lot of patience and peace of mind for you on this. don't give up!
(also, pine needle pal from snowy finland says hi!)
Posted by: sylvi | December 30, 2009 at 01:53 PM
Dear Ashley, I agree with everyone here... Stay strong! You are an amazing artist and I love all of my little Fern Animals. The copy just looks sad. It doesn't have that "magic" that your handmade animals have. I totally understand about needing a break, but I hope that someday you'll come back to making Fern Animals. They have brightened the lives of many. Thank you, and good luck with your case.
Posted by: Melanie | December 30, 2009 at 03:18 PM
What a violation on so many levels.
I hope you win the case, and win BIG!
Posted by: Elle (boltandfrolic) | December 30, 2009 at 09:07 PM
I am sure that your case will be a very solid one with a strong chance at winning. However, patience and strength will definitely be required when doing anything through our US legal system (ugh). I wish you the best of luck and would love to help in any way possible!
Posted by: stevenhaddox | December 31, 2009 at 10:24 AM
DON"T give up, Ashley! I am behind you as I know so many others are. NO way in heck would I ever buy a copy of your items. It could never be the same. I have a blog post about another artist who is dealing with a similar situation, (different types of work, and price points, and his copycat is suing HIM to have his rights to a copyright removed so they can continue!!) and he has really garnered a lot of attention to his fight. He is selling series of his sculptures at really good prices to help raise money for his lawyer fees. Very interesting, his story, and you might contact him; he might be of help as far as any advice you might need regarding artists issues: http://smacthoughts.blogspot.com/2009/11/copycat-suing-original-artist.html
Posted by: Susan | January 02, 2010 at 12:31 AM