So, I’m just curious…. I have a question and I would love to see what people have to say in the comments section here.
Last year, someone took my Kimono tutorial, clipped off my name and header and posted it on their site as their own work. My photos, my text, you name it. Maybe it was the language barrier, but this person truly felt they did nothing wrong. Eventually, with the help of a few members in Ravelry, she removed my work. End of story.
Then someone else took my pattern, made a minor change, and posted it as her own work. I let it slide at the time because these two instances were happening concurrently and the first one was just so egregious.
In the latest case, someone has taken my pattern, drawn it “freehand” in their own handwriting in another language, and claimed it as their own (again, no link to me, credit to me, or permission). The pattern is the same, all of the dimensions are the same (down to the 1/2cm) and the directions are the same. This person is not responding to my numerous attempts at contact, which leaves me asking….
Keep in mind, this is the exact pattern I spent months creating, refining, simplifying and distilling into the kimono tutorial. What would you do? Would you name and shame? Would you just laugh it off, or let it go? When is that line crossed from flattery or naiveté to blatant stealing?
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May 20, 2009 at 2:05 pm
Dani
Name and shame away. I totally would. It’s one thing if someone makes an “imitation” for personal use (I have to admit that I do that all the time; I love designer bags, but don’t have the bank…), but to post a tutorial for others to do it, is quite another. Not to mention charging for said rip-off!
May 20, 2009 at 2:09 pm
Kristen
Unless the person is selling the pattern, I wouldn’t do anything. Fortunately, for every slimeball there are likely 500 sewers ready to give credit and eternally appreciative. I remember reading about the “Habitual Kimono” on Craftster long before I visited your blog. You were practically famous so most of us know your pattern when we see it
You have a generous spirit to share your work and I hope you won’t let a few leeches get you down.
May 20, 2009 at 2:40 pm
Jessie
I’ve recently come across someone who copied an original drawing, and is now using it on their own items on Etsy. It makes me mad!!! But, there’s nothing I can personally do, and Etsy won’t do anything either. So, this person is getting away with stealing an original idea, and using it as their own. They even made it to the front page of Etsy with said item! I had a post on my blog, but so many people commented on how I was being a spoil sport, and should be flattered, not mad. Some people even said it’s probably a case of artistic coincidence, but as my husband says–if I lose $20, and you all of a sudden have $20 that you didn’t have before, is that financial coincidence? Anyway, I’m still mad, but since there’s nothing I can do, and obviously people thought badly when I did name the person, so think carefully before you name anyone! :O)
May 20, 2009 at 2:56 pm
katyrenee
That is crazy, and really sad. I’d approach them first, then if they didn’t respond I’d probably name and shame.
May 20, 2009 at 2:57 pm
habitual
It’s funny. The first time it happened, I was ready for it and I was all “no big deal, stay calm”… because I’ve seen it happen over and over to some friends I really admire. And the first rip-off was blatant it was laughable and people on Ravelry really backed me up. But this time, it’s so sneaky and underhanded, it bummed me out. More than making me mad, it creeps. me. out. that people are out there, taking some little ol’ tutorial and claiming it as their own and acting as if they have created something fun and great to share with *their* blog readers. It’s creepy. And creepy makes me more defensive than ticked.
I probably won’t name and shame, as it just starts a flame war (ugh… I’ve seen that too). And honestly, the positive response to my little patterns has really been rewarding. The (favorite) emails and comments I receive from new sewers that made their first handmade piece using my pattern makes it all worth it!
At least we have each other for support! Jessie, that is a real etsy bummer and I hope you get it resolved!
May 20, 2009 at 3:02 pm
Kristina
my first instinct would be to name and shame for sure, but as you say, it might just start a flame war which would be more upsetting than worth it, I guess. people are weird – I mean, do they think that you won’t find out?
May 20, 2009 at 3:17 pm
habitual
I dunno. I chalk up to someone who is perhaps very sheltered and not fully aware of how the internet works – or that it connects to the entire world, not just one little corner. Ya know? Weird!
May 20, 2009 at 3:35 pm
christina
tough one, I’m sorry you’re having to even think about this…
Personally, I’d confront the dastardly cowards directly, either in an email or in a comment on their post — more as a catharsis for me than in expectation of a sudden burst of shame and repentance from them — and then I’d probably let it go *if* they were not profiting monetarily from my hard work. If they were selling my creative idea as their own, then I’d play hard ball and send a cease & desist letter. Because that is just not fair or legal.
May 20, 2009 at 4:48 pm
Lauren
My nosy side wants to know the identity of the tutorial thief so my first instinct was to tell you to name away! But in the name of maturity and all that, I’ll make sure to site your *original* tutorial as my pattern source for all kimono pictures that I post
May 20, 2009 at 4:50 pm
indiepindie
Launch a full scale attack… just kidding. But, I am a frequenter of the low road, not my best trait… so I am all for the “Name and Shame”.
May 20, 2009 at 4:50 pm
indiepindie
PS. Cute Skinny Jeans.
May 20, 2009 at 5:07 pm
Christie
How frustrating. Those are the same people who would be up in arms if the exact thing happened to them. I would probably take the low road and name names.
May 20, 2009 at 5:35 pm
habitual
Haha…. you guys are cracking me up!
May 20, 2009 at 6:45 pm
guilty noodles
I can’t believe this is still happening. It’s these assholes who ruin it for everyone else. This is exactly why people aren’t as generous anymore. Argh!
I don’t know about the name and shame. It just kind of makes you stoop to their level, but they really need to have some sort of repercussion for what they’ve done. And I agree, some people are really sheltered and don’t understand or fall into the removed world of the web. I really want you to name and shame, but I’m not sure it’s the right move. I have a lawyer who can draft a very intimidating letter, quickly. Usually, that does the trick for me…
May 20, 2009 at 6:58 pm
stella
I’m so sorry this happened to you! If it were me, I hope I would be mature enough to first attempt to contact the person and give him/her a chance to redeem him/herself. And then if that didn’t work, I’d probably name the guilty party and put him/her to shame.
I really hope this doesn’t discourage you from offering more free tutorials!
Many of us are very appreciative of your hard work and generosity. I only stumbled upon your blog two weeks ago, and have used your Sundress tutorial to make a sundress for my 8-month girl. I just have to say that your tutorial is awesome! 
May 20, 2009 at 7:03 pm
sooz
Well, for what it is worth I would name but not shame.
I am not as rabid as lots of people about copyright and I do believe in artistic coincidence and I do think copying is just part of the way things work. I am also a designer and been burned.
I think there is nothing wrong with telling people what has happened to you and who did it – in fact I believe public accountability is what improves people’s behaviour.
But I would not in the public naming say nasty things about the other person, attribute intent to what they did or in any other way make assumptions about them. Because you really can’t know for sure what things look like from their side of the fence.
To me (and I may be kidding myself here) there is a difference between saying in a totally fact based way ‘this person has published a pattern that appears to be the same as mine’ and saying this ‘terrible person ripped off my design without any morals or because they thougth they’d get away with it’ or whatever.
You may well start some flame action and you need to be prepared for that, but I don’t think we can complain about copyright infringement unless we are prepared to stand up for the position we hold. If people are allowed to hide and copy with no consequence, then they will continue to hide and copy.
Anyway, the issue is hard and I’m sorry you feel suckered. I hope you find a way to resolve how you feel about it.
May 20, 2009 at 7:52 pm
habitual
Good points, all… I’ve tried contacting, so far there’s no response. It’s another case of a language/culture barrier, so I am trying to be extra patient. I spent my time reading up on U.S. copyright laws and which countries fully enforce those laws. So, there’s that.
I do feel good that several people brought this to my attention (I am fairly certain I would not have found this blog on my own), so I know that I am not the only one to see this. It’s the principle at issue for me, a simple matter of right and wrong. I’m trying very hard to understand why people do this sort of thing, but that may be futile?
May 21, 2009 at 2:48 am
dolores
Some years ago I designed a changing bag with a tricky flap/mat thing(you can see on my blog/etsy shop)
I showed the bag on an international kiddies fair in Cologne. So I wanted to see the design protected. A lot of foreign producers, especially from asian countries were expected.
The European Union was not able to offer me a proper protection. All I got was a kind of “sample protection”. A copiist just would have to change the position of a zipper or use a different fabric – and does nothing wrong – and I cannot do anything!
So the whole protection thing doesn´t mean anything than costs to me.
Luckily (or sadly – depends of sight) no one liked the bag so much (as far as I know) that the design was stolen.
What I wanted to say is that even in a professional way you cannot protect your design properly – see also Martha from Uniform, or the whole bunch of products in etsy using Amy Butler fabrics, which reads on every selvedge “not for commercial use” – and in my opinion – if you charge something for it – it is commercial! (or you are an architect – just think of the lots of Khoolhas, Ando, Neutra,…add any name you know – copied details)
Of course coincidence occurs.
But only to the good designs?
Only to the persons with a whole bunch of fans?
I think the whole internetthing brings us to a new behavior.
In the meantime persons like you doing such beautiful patterns and doing the whole work of producing a tutorial, could offer tutorialpdf just by inquiry – if you name your whole address and other personal details, I think, you feel uncomfy to steal this certain design.
Or you could charge a (very, very little – if you like the idea of access also to persons with limited financial power) little amount for the pdf – with results like above: if you show your credit card number or so, there is a kind of mentally barrier to steal the idea.
warmest regards from Europe,
Dolores
(or a personal expierence: I saw a great camera strap on a certain blog – and I was soooo envy about the design and the idea and everything, because I wanted to do something similar and offer it in my etsyshop, after a while (being sad and frustrated) I saw sooo much camera straps in sooo much different shops I really cannot say who was the first – but this person for sure is very upset…)
May 21, 2009 at 11:37 am
Karin
Only days ago I posted a comment on elsie marley [ http://www.elsiemarley.com ] with a link to your fantastic kimono. I’m a super newbie sewer (8th grade home ec was the base) and made a kimono top for my 11 month old that he wore (!) to a wedding of very good friends of ours. thank you so much! i’m planning to use your pattern as a guide to make me-self a robe for the summer!
do what your guts tells you is right. i always say to myself they will be punished in someway some how. trust that.
(downloaded your pillowcase tutorial and will make for some girl in my life…
May 21, 2009 at 12:34 pm
habitual
Well, I have to clarify…. I’m definitely in the camp of ‘what goes around comes around’. I’m already over this and it’s only been a couple of days. The reason I made this post, and where it gets murky for me, is what if this person does this to someone else? What if this person has already done this to someone else? Am I being irresponsible by no pursuing it? I’ve contacted her twice with no response. So do I let it go and hope for the best?
I feel bad that she’s done this to me, and it sent my head spinning on the kind of people that are in the world. But really, I’ve already moved on. What will make me feel much worse is if it happens to someone else because this person thinks they got away with something.
May 21, 2009 at 3:25 pm
Heather
Shame on these people who think they can get away with it….
May 22, 2009 at 9:43 am
LizH
I do think it’s really awful that people think it’s OK to use other people’s work and take credit for it. I am a commercial artist, so I know some about the sorts of copyright issues that I personally deal with.
However, copyright on the internet seems to be a grey area for a lot of folks. For instance, you copyright all the images on your blog, but are they all your images (the map in your previous post for instance)? Is just giving a credit for where the photo came from enough or do you need to get permission first to use the images? The photographs of book covers or pages and photographs from commercial sites that I see on so many blogs – well I’m pretty sure that’s copyright infringement, even though it seems like it is commonly done all the time. Maybe it’s not copyright infringement – but it seems to me like it is. It does seem like everything (pictures, text, tutorials, anything!) out there on the internet is up for grabs! And I’m not sure what can be done about it. Especially when the infringing is coming from another country!
As for what I would do, well, that’s a good question! Sorry I couldn’t be more helpful – I just wanted to raise some questions that perhaps some people who know more about these things could respond to!
May 22, 2009 at 11:27 am
habitual
The U.S. Copyright office has a publication (Circular 38A) that lists all countries in the world that have full reciprocity protection for U.S. Copyrights. It’s a very, very long list.
May 24, 2009 at 2:55 pm
LizH
Wow – super long list.
Perhaps this could help you. I don’t know if this is the same for texts (like a tutorial), but I have been advised to actually register my copyright for my artwork. Obviously, once I create any piece of artwork I own the copyright unless I sell or transfer it. However, I was advised that I would be unlikely to gain any sort of legal compensation for copyright infringement of said artwork (as in a lawsuit) unless it’s actually been registered with the US Copyright office.
So, maybe for your tutorials (which are great, btw) it would be a good idea to register them. I’m not sure it would change the attitudes of the thieves, but you would be in a better position to take legal action if you wanted to.
HTH
May 26, 2009 at 6:19 pm
crystal
feel free to absolutely lose it on them!
This happens to me a lot with recipes and I always contact them about it, privately. Luckily, food bloggers are quick to admit when they’ve forgotten a credit or took my recipe and forgot where it came from and reposted it. They always correct it, though.
So don’t hesitate to put them in their thieving places. There is no excuse.
Hang in there. I hate that stupid crap like this keeps happening to you because you’re such a genuinely good person with a heart of gold!
May 28, 2009 at 7:32 am
habitual
She’s let me know that “a friend gave the pattern to her and she didn’t realize it belonged to anyone”. And that she “supports copyright protection” and “creative ideas”. Then she asked me if she could keep it up anyway, to which I replied NO. So far, she has not taken it down. It’s been 2 weeks. So I guess I can assume stealing and lying? Sigh.
June 1, 2009 at 4:33 pm
Lauranie
Maybe you could “help” her out by blogging a SUPER NICE post about how HELPFUL she is being with posting YOUR ideas to her followers with whom you would never had been able to reach because of the language/culture barrier. Link to it, comment on her tutorial, if she keeps up your comment, then maybe that is her way of compromise? Or this could be a dumb idea that would draw more attention to someone so underserving? I love your Kimono style top, made it into a robe for my daughter, and linked to you so everyone (meaning my loyal follower, hi daddy!) could see your greatness in action! Thanks for being so generous with your talent!
June 1, 2009 at 6:19 pm
habitual
Haha…. turns out, you just have to be mean and forceful. Not usually in my comfort zone, but asking nicely 4 times didn’t work. So there ya’ go!
June 8, 2009 at 10:37 pm
Mel
Total bummer about someone “taking” your kimono pattern. On one hand it seems like people are getting really stingy with copyrights, but on the other hand it seems like it would not be necessary if people did not try to pass off another’s creation as their own.
I am not very creative myself, so I depend on people like you to provide me with the initial motivation…thanks by the way!
Regardless, I am sorry…sorry for the frustration you must be feeling and maybe even a sense of violation?
I hope that you can find closer somehow.
June 10, 2009 at 6:26 am
habitual
Thank you Mel! She’s finally removed it…. whew.
June 9, 2009 at 10:07 am
Renata
I really appreciate all the work you have done with the kimono. I am in the process of making one (will send pics when done) and it is a very nice and simple pattern. I do think you should be recognized for your work. However, if all your creative energy goes into trying to get it off, then you need to ask yourself if it is really worth it. I don’t recommend linking to the person, as it drives traffic to their site and I heard it can increase their search engine ranking. Right now, when I googled baby kimono pattern, I got your site (and Martha’s, but your pattern is much better).
Also, I don’t know how you feel about this, but would you consider selling a commercial license? I currently sew for friends only, but this would be something I wouldn’t mind making to sell (on a small-scale basis for me, at least). Shabby Princess has something like that on her digital scrapbooking kits (http://www.theshabbyshoppe.com/scripts/CommercialTerms.asp). I don’t know if it’s worth the work for you, but maybe that’s something you would consider.
Thanks again for the fabulous pattern.
June 10, 2009 at 6:27 am
habitual
A few people have asked me about licensing, I’m not really sure how it would work, but I’m willing to look into it. I hope you enjoy the pattern!
June 12, 2009 at 1:40 am
Jenn
Just wanted to pop in and say 1) I just downloaded your file and am going to try to make it for my son this summer and I’m so excited, 2) I have some awesome amy butler fabric to do it in, 3) I haven’t sewn clothes for YEARS (just blankets, diapers, and more diapers), and 4) I teach at a university … oh the conversations we could have about issues of copying, my friend. Oh the conversations…
June 12, 2009 at 6:36 am
habitual