I hope everyone has wonderful plans for Valentine’s day tomorrow! And I’m glad to see that my heart-shaped egg article is going around the world to spread LOVE! Derek and I celebrated it a day earlier by playing the Mass Effect 3 demo because we snatched an early code. We are so psyched for Mass Effect 3!
I was going to make a quick “Hey we’re done moving!” post so I could start blogging about food again but I’d like to talk about something a bit more serious before I get into that.
Recently, I was told that someone made a plush of a certain video game character which I previously made for my dear friend. I thought “oh cool” and checked out this person’s Deviant Art page. That’s when I went “Hmm…”
It was EXACTLY THE SAME DESIGN.
I worked SUPER HARD to simplify the design of the very complicated costume on this plush, so I could tell when the design was EXACTLY THE SAME when I saw it. But I thought, hey, it’s fan art, and this person did actually make it. It’s not like they stole my photos. I should be flattered, right??? But surprise surprise!
This person is making it and SELLING IT on Etsy.
Not. Cool.
Now here’s the tricky part.
I do not own the rights to the character, so I cannot claim copyright infringement for the person’s stuff on Etsy. And even though I designed the patterns, this person did have to figure everything out from looking at the each photo my flickr site, which was tedious I’m sure… so kudos to that!
But putting it on Etsy? Seriously?
This almost makes me want to NOT put tons of detailed photos of my plushes anymore…
Personally, whether this person makes a profit or not doesn’t concern me at all. I’m a professional plush designer now and have the utmost respect for the craft of fellow artists. I would NEVER sell plushes of copyrighted characters on Etsy.
BUT the problem is that this person’s plush is almost IDENTICAL to mine, and I just NEVER want other people to associate me with this person. I thought I was crazy so I asked my friends to look at it and they confirmed that I’m not crazy.
If you’ve been reading my blog, you’ll probably notice which plush I’m talking about if you see it on Etsy. I don’t want to put a link to the page here, but I did send the person a link to this post. I really hope the person reads it and realizes something… Or maybe they won’t. (which can be very possible)
I’m usually a happy-go-lucky/pleasant-cute-thing-loving person but when I see something that’s not fair, I’ll say something and make sure the other side hears it too.
If the person in question wants to discuss the matter with me via email, explaining how I’m wrong, feel free to do so.
My email is annathered(at)gmail.com
Wow, did I sound bitter?
*reading my blog again*
NOPE.
Did I have to make such a huge deal about this?
*reading my blog AGAIN*
YUP.
I despise people who don’t understand the value of creativity. I’m also just fed up the fact that Etsy doesn’t regulate their contents at all.
tl;dr I despise people who don’t understand the value of creativity.
BUT I really DO appreciate people who are purely inspired to make creative food or plushes for their own enjoyment after seeing it on my blog. So don’t be scared and send me your food/plush to me at annathered(at)gmail.com !
UPDATE: 2/14/2012
Here’s a little update.
I did send the person (henceforth referred to as “them”) a mail via Etsy yesterday. But I decided to email them just in case they don’t check their Etsy account often. As I was typing their email address I saw on the Deviant Art page, it auto-completed.
“Hm?” I thought.
I searched through my old emails and lo and behold. They had previously emailed me asking about some basic stuff about making plushes. And I had replied them with some advice.
This made me sick.
I was doing it out of kindness. I’ve helped many people with their plush projects via emails. And this is what I get.
And if they read my blog, it should be crystal clear that I am extremely against selling a plush of copyrighted character, no matter how much people beg.
I have no idea what they think of this post since they haven’t gotten back to me yet.
I often hear fan art sellers say “But there are people who really want this thing. And the copyright holder will never make it. So why can’t I make it? And while I’m at it, why not get compensated for it? I did do the work for it.”
If someone thinks that way, they can never understand how I feel no matter how much I try to explain.
By the way, to make things clear I’m not against fan art. I’m all for fan art! Just think of/like the original creators when you make it.
UPDATE: 2/14/2012
Well, not really an update. But while we we’re on the subject, I’d like to introduce you to one of my favorite websites which points out people ripping off other people’s work. (too bad that it hasn’t updated in a while.)
you thought we wouldn’t notice
I was born in Japan, lived in New York for a while and now living in San Diego, California. I love creating things with my hands in my free time whether it’s making character bento or stuffing stuff! And now I'm working for 
{ 16 comments… read them below or add one }
That sucks, Anna! I love your bentos and your plush and it’s so annoying that someone would steal your work! And to make profit? Did you try telling the company whose character it is? Because their lawyers would probably slap the Etsy seller with a cease and desist order for making money off of their character. I always assumed that’s why all fan fiction/art had to carry the “I’m not making any money; this character belongs to the author” etc.?
Either way you have a complete right to be pissed off!
Can’t wait to hear more about the new job/see new bentos!
You used less profanity than I would have, and yes, we all like the “I’m excited about THIS” Anna better than this one, but you’re right, sometimes you gotta say what needs to be said.
In my ‘arena’ (creative writing), plagairism is considered so taboo, the perpetrator is often castigated out of the community, and legal action is almost always taken. In THIS particular case, you might actually have a legal defense, since your reproduction might not be considered a ‘derivitive work’, as it doesn’t exist in the same industry/field as the original; the person who copied your plushie and is selling it on etsy, however, would not have such a defense. But, I’m not a lawyer, of course, so this doesn’t really mean anything.
Besides… I’d rather not see the “Anna the Vengeful” come out and wreak havoc upon the world. I like you as you are, and think if you traded a few profanities in private with the jackass brigand that stole your work, then that would probably be good enough.
On a lighter note, I can’t wait to see what awesome bento art you have in store. It’s been far too long!
Anna, I totally agree with you! I remember seeing photos of the heart-shaped egg while surfing the web one day and I wondered if that originated from you. I thought: people should really give her credit if that’s the case!
Reading this post …it’s unbelievable how people can steal your design to make profit! Seriously, if they are trying to make money, it should be a completely original product, or at least give some kind of credit! I would understand though, if you start posting less detailed photos…it’s for your own protection afterall (*grumbles at people who ruin things for everyone else*)
Anyway, I thought you post was to the point, while still showing respect to that person. If you had posted the link, I’d bet all your fans would be spamming them right now!! So props to you! Looking forward to more bento posts and hope you are settling in your new home/job nicely!
Ugh people are so lame sometimes! You put a lot of dedication into all your work and its inconsiderate to rip off a design and then sell it. Well hopefully the person is understanding and stops selling the plushie. Aside from all this I hope everything else is going good for you ^^
Copying intellectual property always existed. I’ve seen my mum photocopying knitting patterns, or copying recipes from a book, it was stealing already. The problem with internet now is that copying something (which someone took ages to establish) is given worldwide in seconds and people don’t think of the people who created it first. I think we all did it at some moment but when this happens to you, you try to think of job behind it.
Now I pay if I want something (books, music, recipes, this little shareware that works so well…) and I feel better…
Hi Anna,
I just read your post and I think anyone who’s been following you for a while now can definitely figure out how it affects you and I must say I entirely agree with that. I take photographs and I’m very worried to show them online for the exact reason you’re explaining. Art and creativity comes with sharing ideas but stealing the art of somebody, that’s completely different, not really hard to figure out the difference between the two ways.
I just wanted to tell you that I don’t know that person, but I fully support you in this, you have every right to make yourself known and heard about this.
Hope that person has at least the respect to answer you and maybe explain.
Take care and good luck!
Love from Switzerland
Etsy will not do anything because you are not the owner of the characters. The best option you have is to contact the video game company and have them contact Etsy. Etsy has turned into a site for selling pirated ideas and outright pirated goods such as scan copies of books. I tried contacting them in the past regarding pirated items but they said they cannot do anything unless I am the copyright owner.
Good luck!
Wow thank you everyone for such kind words! I’m very glad to know that there’s hope in this world of “I can do whatever I want on the internet.”
I’m the last person to dis-encourage people from being creative. I’m not out to destroy them nor cause trouble for them. I know that the crafts of copyrighted characters will not go away from Etsy. But I simply want them to “get it.” Perhaps that’s too much to ask.
By the way, smartrem, it depends on the type of IP, but just copying/using someone else’s IP as reference doesn’t necessary mean “stealing” if it’s not for making a profits. I believe it’s called “fair use.” And you cannot copyright recipes. You can however copyright “a description, explanation, or illustration. For example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.” (from the U. S. Copyright page)
But yes, paying for games, musics, videos, anything instead of stealing makes us feel good inside!
Anyway, there’s an update on this. Check the bottom of the original post. Spoiler: It gets worse. Kinda.
While i feel like there’s nothing wrong with making plushies yourself for your own love and entertainment, I do feel like it’s unfair to rip off someone’s ideas, not give them credit and then sell it for their own benefit. Sorry something like this had to happen to you Anna, it’s really not fair. : [
I think it is just plain dirty that someone would first ask for your help in creating a plushy and then go on to make a profit from it! I do not know how they can sleep at night, not only from making a profit on someone else’s copyrighted property, but needing to steal the plans from someone else as well.
These plushies are absolutely fabulous. My 5 year old has recently fallen in love with this game so the plushies are immediately recognizable. I can’t imagine how much time and effort you put into them. I’d love to buy a set and surprise him with them, but I definitely will not give any money to this etsy seller.
Please keep up the awesome posts! I just found this site last night but am already in love with everything I’ve found. I can’t wait to try making bento lunches for my husband and kids.:)
Seriously?
I think you forward this infringement of copyright to the owners of this character.. At least I think they might be able to do something. Because as we all know, Etsy doesn’t really care about what you sell on their website, but they do care about the amount of sales you make… So you probably won’t get much help from them.
this “I can do whatever I want on the internet” thing is really annoying… This person is really bold, asking for your advice just so they could steal your work and sell plushies of a copyrighted character. I hope they get what they deserve for this.
By the way, I tried that technique you used to make Totoro chocolate this valentine’s day and this were the results: http://30.media.tumblr.com/tumblr_lzf5i3neeH1qefkzso1_500.jpg
bad picture, I know, but you can see it kinda worked. I have to work harder the next time, but I guess it turned out pretty cool for a first try!
Love you and your work.
ps: I’m even thinking of trying to make plushies! (but it just seems so hard to do :C)
*should forward
D:
Replace “copyright” with “trademark” in your post up there. There is a HUGE difference. The video game company has trademarked those characters, and they can & probably will stop that person from selling them. If you, Anna, make a pattern for your own character, you own the copyright to that pattern – people can’t copy the physical (or commonly now, digital) instructions for making it. I’m not entirely sure you can stop them from selling completed toys made from your pattern. I know in the US, for knitted items (deemed “useful things”), you can’t prevent people from selling items made from a knitting pattern you have come up with. However, a trademarked character can be prevented from being sold – like the woman who made knitting patterns for all the Angry Bird characters, and was selling the patterns. She was told to stop.
Toys, being cute, yet not useful, may have different rules. I’m so sorry you’re going through this right now – remember the internet brings out the best & worst in people! Hopefully, you’ll see some of the best. Tell the video company what’s going on, and let them sic their lawyers on Etsy & the seller.
Here’s a link from another toy designer who is thinking about selling her patterns:
http://whileshenaps.typepad.com/whileshenaps/2012/02/softies-for-sale-series-the-cottage-industry-license.html
Maybe it will help in your situation?
I browsed the link you posted. I think its great that people have a public forum to turn to for when their work is ripped off. However I was definitely a little disappointed with some of the things they post cause it was a stretch to say it was even copied. Similar is one thing, copied is another. But this situation fits into the copied category for sure. Did the person stop selling the plushies on etsy? Because I couldn’t find it this time when I tried to show my boyfriend Jon the design of yours they are using.
Thank you everyone for the kind support and advice!
I emailed the person in question. They never replied to me, but they have stopped selling the plush on Etsy so I think they got the message.
Now I’ll move on and make more stuff!