I am tired of all this bullshit. So instead of summing up, I am just going to copy the total of my correspondence with *** from Cloth-Ears and have done with it. You can read it if you want, but some of the emails are pretty long, so I won’t blame you if you don’t. Here goes… (you can scroll to the end to read a few of my thoughts, for what they are worth).
Cloth-ears: I am***, the owner of the independent online retail shop Cloth-ears, based in the UK. Until yesterday I had never heard of Beth Doherty or Gourmet Amigurumi, however as I have now received some threatening and disturbing emails from either yourselves or somebody seeking to represent you, accusing myself and my company of plagiarising your designs, I have therefore felt compelled to look into the situation. With regards to the two products you mention, we do not claim to have the copyright or to have designed the products ourselves. We have mearly purchased the goods to resell, from a widely established UK distributor. We purchased the products in good faith that the design and/or license was theirs.
I understand that you were upset as you feel the designs have been copied, however I feel it is very unfair to not to have contacted us first to get the full picture. Subsequently, you have posted a slanderous thread on your blog, which has no basis. We are a small online retailer who shares with you a love of all things retro, knitted & crochet and we find it most upsetting to receive vicious emails from people who see themselves as trying to protect you. Many of these emails also state that they will widely scatter this gossip across the internet. I’m sure you can see how damaging this could be to a small independent like ourselves. I would very much appreciate that you put a note on your blog to alert your followers that your original statements have no basis and remove all the slanderous gossip with regards to myself and my company.
I will contact our supplier today and forward your details. Please supply me with your direct email, as I feel this should be done outside of the forum.
On a more positive note, I have looked today at the three products that you have for sale on Etsy and they are beautiful. Perhaps once this all gets sorted, I can talk to you, as the original designer (!) about purchasing some of your wonderful designs.
Yours truly: This is your owl:
http://cloth-ears.co.uk/Products/Softtoys/crochet_owl.html
And this is MY owl:
http://www.flickr.com/photos/38635695@N00/43674525/
Now you tell me that my claims have no basis.
And as my website is not a journalistic site the accusation of slander does not apply and I will not be removing my post.
Yes, I completely understand that my comments will harm your business. However, conversely, the presence of a copy of my design harms MY ability to sell my own work at a fair price. And you will not placate me by compliments. I am an artist and will not sell my designs for mass production. Additionally, it is not my fault that you have not thoroughly researched your suppliers. And I can tell the prices you are charging for the crocheted items that the people who are making them do not receive a fair wage.
I will not take the time to read your suppliers’ information, so please save yourself the trouble.
Cloth-ears: Thank you for your reply. I can only assume that you have misunderstood the tone of my email. I am merely saying that your claims have no basis with me & my company, your issues are with the supplier and distributor that we purchased the items from. I understand that you feel very strongly with regards to this matter; the statements on your blog, ie refering to myself and Cloth-ears as ‘Bastards!’, fully reflects this (as well as being very hurtful). I really would urge you to contact the suppliers, put your view point across and discuss the matter further. After all the designer of a product deserves recognition.
Unfortunately, I cannot access your flickr pic, so I can’t compare the images. But I will do so when I return home, to a better broadband server.
The two items that we sell, are produced and sold freely and openly throughout the UK and Europe by small independents, large department stores and on the internet, all purchased from the same wholesale distributer. We are just one small shop that sell the product.
Here are some links to other shops and sites that sell the products, each one of them is as innocent as myself, with regards to selling the two products:
http://www.lillefolk.de/shop/product_info.php/info/p1042_H–kelhase-von-Disaster-Designs.html
http://www.kuddyco.com/details.php?cat=kids&ref=17
http://www.itsgorgeous.co.uk/magento/crochet-owl.html
I note in your email that you state that as your site is not ‘journalistic’ the accusation of slander does not apply. Unfortunately, this is not true, as it applies to all internet content and blogs. But I’m sure by now you have re-read my first message along with this one and realised that you are attacking the wrong person/company.
You state that I should have researched my supplier more, however they are a big UK/European supplier/distributer and I like thousands of other buyers therefore would have no reason to doubt the legitimacy of their product.
I do however, very much appreciate, that you have posted my email and allowed me a ‘right of reply’. Thank you.
Yours truly: I understood the tone and point of your email perfectly well. The gist of your argument is that since you have not made the toys you are not responsible for their design. You, rightly or wrongly, are placing the blame on a third party. The links you have sent me only further my feelings of resentment as they are intended to deflect attention from yourself.
Whether or not a blog is considered public enough to be capable of true libel is beside the point. The post on my blog is a quote from one of my readers and therefore does not come under the definition of slander in any way. Additionally, when you view the photo of my owl you will see that the statement made on my blog has a strong basis in fact. And above all, my post states an opinion, which places it firmly outside of the definition of libel.
As I said before I will not be removing the post from my blog, the title of which does not contain an apostrophe.
I am certain that we will not be able to come to an agreement on this point; so it is fruitless for us to continue this argument.
And…we’re done. I haven’t heard from her since. I am very impressed if you took the time to read all of that. Think what you want. At this point I don’t really care. But allow me to be a goody-two-shoes and name a few “morals of the story.”
Point number one: ***Warning, I am about to sound pretty egotistical*** Firstly, I am going to do my utmost (although I am certainly going to fail) to ignore unscrupulous copycats. There are lots of them and no one will be able to stem the tide. The thing is that there are very few people who are truly creative and many who wish they were, so a certain amount of lifting is to be expected. (please don’t get me wrong, following another person’s pattern for your own enjoyment is a wholly different, and positive thing. it’s really fun to see what other crafters do with them). Additionally, I, and other artists who are dedicated to their craft, have a certain amount of native talent not to mention the fact that we spend dozens of hours every week making work and honing our skills. So the likelihood that the copycats will be able to keep up is almost nil, so feeling threatened by them is pointless.
Point number two, which is not directly related: I really should get better about publishing my own patterns. Clearly they are in demand, and like I said it is fun to see other people making amigurumis by following them. BTW, have you seen this monstrosity? It’s from a few years ago, obviously it comes under the category of “things I’m not threatened by!” I have been working on the fox pattern on and off, but since all this drama I think I will put it aside for awhile and focus on getting my owl pattern out there first. I have some cute fabric picked out for the wings, so that will make it fun to work on…
Well, my hubby just said “Are you still working on that blog?!” So I guess it is time to be done.