Copycat Crafters on EBay - What's a Crafter to Do?

I have been selling my original handmade craft designs on EBay since 2001.  During that time, I have met some really terrific people who have turned into regular customers.  Some, I even consider as friends as we keep in touch through emails and internet craft groups.  Some are fellow crafters that I can share ideas with, swap original artwork with and from whom I can get feedback about a new design before it ever hits the market.  These people are absolutely terrific because it affords me the opportunity to get honest feedback about a design, but I am also comfortable knowing that they aren't going to steal my designs and resell them at a later date.  Unfortunately, this can't be said for several of the crafters on EBay.  I will list just a couple of the examples of copycat issues below to support the fact why it is obvious this is a serious problem.  (Trust me, there are lots more than these examples, but this is suppossed to be a guide, not a novel.  :)   )

Polymer Clay Art Jewelry:

I have been working with polymer clay for about 15 years.  When I started working with this terrific and very addicting medium, I found that project ideas in the craft stores and in magazines were extremely limited.  For example, projects featuring things like polymer clay animals, faces, Christmas ornaments and embellishments were a dime a dozen.

I was an avid postage stamp collector since I was a young girl, having collected literally thousands of great art stamps.   I thought it would be great to turn these little gems into pieces of wearable art, utilizing one of my favorite mediums - polymer clay.  After all, why not share this beautiful artwork with the world, instead of keeping them hidden away in a dark closet.  Hence, my idea for the polymer clay art jewelry was born.  I began experimenting by making little decorated frames from polymer clay and encasing the postage stamps within them.  I made hundreds of these little beauties - and no two were ever alike.  Well, my family and friends thought I was onto something.  No one had ever seen anything like that.  I began selling them on EBay.  At that time - NO ONE - and I mean NO ONE - was making anything like this at that time.  I literally was the ONLY person on EBay making these gorgeous clay art pins.  In addition, I also sold these little beauties in art galleries and boutiques across the United States. I literally sold hundreds of these.

Being a person who wants to branch out in the craft world as a trend-setter in altered art jewelry designs, I shared this idea with the readers of Belle Armoire Jewelry magazine.  In the article, I wrote about how I developed this idea and shared the design format with readers.  Needless to say - it was a hit!  Several readers contacted me for additional tips on making and decorating their pins.  I liked the idea that I could help someone make their own art pins from my original design.  I even listed my EBay store in the article so people could  purchase the pins from me.  Unfortunately, this backfired on me.  There has been an influx of copycat designs on EBay these days. I see many items almost identical to mine at a fraction of the cost.  Some sellers start the prices on their pins/pendants at just $1.59 and offer "buy-it-now" prices of $4.99 for the same items.  I can't tell you how frustrating it is to see something I worked so hard to design being sold for such a "cheap" price.  It cheapens the overall effect of the art jewelry; in addition, it probably has resulted in newer customers shopping with those sellers who offer lower prices because they want to save a little money.  They don't take into consideration the time and care used to make these items.  Either that - or they don't care.

In any case, I am all for people using their craft to make a living or a little extra pocket money, but the least people can do is use their own original designs.

Kitschy Food Jewelry:

Well, it's unbelievable, but it's happening again.  This section is being added on March 10, 2008.  Yet another EBayer has decided to copy my original designs.  This time, it's my kitschy food earrings.  I came up with the novelty idea of  making mini food earrings and jewelry utilizing well known food packaging products, such as Lipton soup, Campbell's Soup, Good & Plenty Candy and many others.  (I have over 300 designs in my current line.)  I have been selling these for over a year.  One of my regular customers emailed me with the information and a link to the EBayer seller.  A brand new seller has copied my idea.  They are selling the same designs as mine, and are even charging the same price for them.  I really don't understand why people can't use their own ideas.

Altered Art Mermaid Decor:

One of the talented altered art designers (who shall remain nameless) I have gotten to know on the internet craft sites sells her lovely handmade mermaid designs here on EBay.  She fashions vintage photographs of lovely flappers into mermaids and works them into her home decor items, such as shadow boxes, altered blocks, centerpieces and the like.  Her work is very unique and I have never seen anything like it.....until.....a copycat came along and stole her ideas.

This copycat literally photocopied the entire mermaid design and used it in her very similar designs.  When the original artist attempted to rectify the situation by reporting the copycat to EBay, the copycat stated that she obtained her images from scrapbook paper.  This was obviously a lie, but EBay couldn't do anything to enforce the issue. The original artist now places her name in a large watermark over the center of her photographs in order to make it more difficult for this copycat to photocopy her designs.  I should also note that just like my situation with the polymer clay jewelry, the copycat in this situation sells her designs for a ridiculously low price.  I have no doubt that this impacts the original designer's sales.

Future Designs/Publications:

I definitely learned my lesson from my experience with the copycats out there.  To protect myself, here are some of the remedies I am using to ensure that I am given adequate credit for my artistic projects:

1) In my EBay listings - especially for the polymer clay art jewelry designs - I note within my item description that I am the original designer of the item and that I have  been making and selling these for a number of years.  I also assure the customer that when they buy from me, they can be assured that they are buying a quality item from the original designer;

2) When writing articles for upcoming magazines - I no longer post any of my unique designs to EBay or discuss the design with anyone until after it has come out in the publication.  Nothing is worse than seeing someone copy your design before it comes out in publication.  One of my unique art jewelry designs will be published in an upcoming Belle Armoire Jewelry magazine which is expected to hit the newsstands in March, 2008.  (At this time, no one - and I mean no one - is selling or making anything like this design.)  I feel the publication of the magazine will be instrumental in proving that I am the original designer, plus will set a time line for when these began being made;

3) Some projects will be copyrighted.  In addition, I will utilize the EBay VeRO program to ensure that violators will have their copies of my items removed from EBay. 

I hate to take the hard line on this as I am a fairly reasonable person, but at some point, I have to protect what is mine.  I strongly encourage other craft designers to do the same thing.

How to Protect Your Designs from Copycats:

Most people don't realize that a copyright comes with the actual creation of something. While you can't copyright handmade teddy bears, you can copyright a design or symbol that is on your product. Where copyrights particularly apply is in the area of ‘intellectual' or artistic crafts. This might be poetry, photography, painting, most forms or art and other ‘artsy' media. As soon as your creation is complete, it has a copyright. For further protection, you can register a copyright.

You  may wish to consider trademarking your unique symbol. Trademarking is different from copyrighting because you are placing your claim to a particular symbol or design that is specific to your crafts.  For example, if you are selling silkscreened T-shirts at a craft show or right here on EBay, and you have a symbol to denote that it is one of your shirts, that symbol can be trademarked so that no one can use it. Trademarking protection becomes important if your symbol is very identifiable, people will buy the shirts because of the symbol it has on it.

Another option to consider is obtaining patents for specific designs. Patents are usually reserved for specific designs that are not found anywhere else. For example, if you designed a birdfeeder that automatically fills up when it sensed the weight of a bird on the outside perch, that would be something that you could patent (assuming, of course, that a patent doesn't already exist on this item.)  Patents are usually reserved for ideas and new applications.  In order to get a patent, you will need to provide plans, proof that it is an original idea, and other pertinent information in order to get it.

Sometimes, you will run into crafts and designs that are similar to yours – but rarely ever exactly the same. However, if you want to protect the ideas and the unique value of your crafts, you may want to take the copyright and trademarking protection to the next level. You can register trademarks and patents with the United States Patent and Trademark Office and copyrights can be registered at the US Copyright Office.

Closing:

I hope this guide will help you to see that there is a very real problem in the crafting world with copycats, and that the examples I have listed will give you an idea of how these copycats are using others' ideas to make money.  If you have similar horror stories you would like me to incorporate into this guide, please let me know.  It's important to share these with others so they can protect themselves from the unoriginal people out there.

I hope you will utilize some of the ideas I have given to protect your item(s) from copycats.

Please do not hesitate to contact me if I can be of any additional assistance.

If you have found this guide to be even remotely helpful to you or you can understand how frustrating this would be for those who continue to be copied by others, please be sure to vote "yes" for it.  Thank you!!

All polymer clay original art jewelry designs on this guide were designed and made by Wanda Eash of Two Crafty Mules.