Close to three years ago I started painting folk art angel paintings and selling them on ebay. People loved them and I was blessed with many bids. I painted on found items like ceiling tins and cupboard doors, as well as canvas and wood. I collaged dresses out of fabric and paper and often incorporated scripture (actual pages from the Bible) into my work. Their hands were tucked behind their backs or holding birds or hearts (because I could not draw hands). My angels all had a similar style of face, often with a tilted head, and a handful of different halos to match their dresses. I also painted on long planks of wood (old shelving and such) and created what I called a Tall Angel. Each piece was intentionally aged and distressed to create a grungy…or “gritty” look.
I used to search ‘folk art angel painting’ daily to view my paintings listed on ebay and see what else was going on in that category. When I began there were only about 40 on any given day (now there are often 100 or more). My paintings were selling for a decent price and I felt so fortunate to be able to make money creating art.
As my paintings became more popular and valuable, imitations began appearing. People were listing very similar angel paintings to mine…sometimes changing it up a little and other times offering blatant knock-offs! It was very upsetting. I confronted a few people and wrote a little thing on my About Me page about “copycats and thieves creating a smog in the atmosphere here on ebay”. I had much support and much controversy over it all so I backed away and tried to just carry on doing what I do and not worry about the people who were stealing my ideas.
Now, there are so many similar folk art angel paintings flooding the internet (mainly ebay and etsy) that it has simply become a fad. (This is not to insult credible artists who paint their own style of angels much different from mine). I’ve tried to change my angels so as to not look like the rest…but even those got copied and I felt resentful that I could not paint my own style, the angels I was meant to paint, without looking like the masses. I loved painting angels…but, not anymore. I cannot say never again…but, I am definitely trying to move on.
People like to say that “imitation is the highest form of flattery”…but I was not flattered. I felt robbed. It is one thing to be inspired by someone’s art and quite another to reproduce it and call it original. These people were not copying me because they liked me…they had no respect for me. They only wanted to make a dollar. Granted, there are a few folks out there that simply do not know better and need to be educated regarding intellectual property rights and courtesy with fellow artists.
Copycats seem to take about 3 different roads: 1) they give it a try and find out it is harder than it looks, they don’t make any money and give up 2) they copy for awhile and then eventually find their own style and move on or 3) they set up shop, do a great job at copying, call their work “original”, and make a lot of money off stolen ideas. It is copycat number three that I am most concerned with.
I have struggled greatly over this…thought I’d found peace…realized I didn’t. I have sought help from VERO (ebay’s art police) and got no help at all. They do not have a sufficient system set up to deal with this stuff and I do not believe they even care.
I am an artist. I am going to be an artist for the rest of my life…until my hands are gnarled and I cannot see. I am going to paint until inspiration dies out…and God willing, it never will. I am also going to get better and better. And I am realizing that I will always have to deal with folks who copy me. So, here is what I am going to do…
I am going to take action against individuals who infringe on my intellectual property rights. This is not only to protect myself, but to protect others as well. As a community of artisans, we should not allow people to come in and steal from us. Let this post be a warning to those who feel like trying to reproduce my artwork. You do not have my permission. It does not flatter me.
A few things I have been dying to say:
If you are inspired by my work and want to reproduce it to “study” my style, DON’T SELL IT! Give it to your mom or something.
Go look at the masters for inspiration…I’m really not that good.
When you are thinking of using the word “original” to describe your painting, please make sure it is true.
Yes, I know all art is derivative of other art… I too aspire to paint like others…that’s not the issue here.
This has nothing to do with whether or not I am a “good Christian”.
I am a real person, with two kids and a husband just trying to make a living doing what I love. I am not nameless or faceless and when you steal from me you are stealing from a real person…with bills to pay.
Perhaps this post sounds harsh. Perhaps you cannot understand where I am coming from because you have not been in my shoes. Many of you know I am a sensitive, prayerful person with much love for others. I also know I am not perfect. Yep, I have even imitated other’s artwork early on (and have since humbly apologized and quit). I understand the denial that allows a person to do that. I understand what it is like to need money…to feel unsure of yourself as an artist…to not know where to begin.
This post is just a statement regarding my experience with copyright infringement and where I stand now regarding such things. I know that most people who have infringed meant no harm.
If you do not know about copyright laws and intellectual property rights, please take some time to review the links below. I also recommend you so an internet search of your own to find out more.
http://drawsketch.about.com/cs/resources/a/copyright.htm
http://drawsketch.about.com/cs/resources/a/copyright_2.htm
http://en.wikipedia.org/wiki/Intellectual_property
http://en.wikipedia.org/wiki/Copyright
http://www.whatiscopyright.org/
http://bigcrow.com/anna/ebay_fraud/evidence.html
http://lawyers.findlaw.com/lawyer/practice/Intellectual-Property-Law
http://www.aipla.org/
*I’ve kept the comment section off for this post. Mainly because I just wanted to be heard…not discuss things or fight about anything. Thank you to everyone who has wrote me with your love and support. I feel so honored to have such loyal friends. You’re the best!