This is a sticky subject and this is something I am working on to clarify the situation over how i see things if you take a class or buy a tutorial from me. I would welcome your constructive views on this. This is not aimed at anybody and I will not tolerate the use of specific examples in this thread.
I would be interested to hear if you can think of any more questions I should add and also if I have carried my point sufficiently well.
Im anxious that people may be afraid to come anywhere near me after what has happened recently and would just like to clarify the situation as i see it. My aim is to produce a simple easy to understand document that perhaps others may also like to use.
Please respect the purpose of this thread :)
Commonly asked questions:
I have a tutorial and /or I have taken a class with you :
Is it OK to reproduce the beads we make together when I take a class with you and also those I have learnt from your tutorial?
Yes
Is it OK to post pictures on the internet of what I have made?
Yes
Is it Ok to sell what i make in my Etsy shop or elsewhere?
Yes
Is it OK to use the same colours?
Yes I would like to see you experiment but its fine to use the colours we have discussed and used together.
Is it OK to use the techniques you showed me in other designs of my own?
I would hope that you would indeed try to do this.
Is it OK to use the techniques you taught me to replicate any new work you make after my class with you?
No
Is it OK to teach your special techniques either from Tutorials or from Classes I have taken with you to my friends?
I would rather not but on an informal basis its OK.
Is it OK to teach your techniques from classes and tutorials in a studio situation and advertise that I am doing so?
No
I would really value your input on this and hope that it may clarify a few issues .
Thanks everybody
Hi Manda
The only bit I think is ambiguous is this:
"Is it OK to use the techniques you taught me to replicate any new work you make after my class with you?
No "
I can see a situation where I might start experimenting with your techniques and come up with an idea on how to use them in something new. What if you then, at more or less the same time, came up with the same idea and then you started to market those beads? Or I start to market mine? How do we know who came up with it first? Do you need to add some further clarification here about at EXACTLY what point this would become a problem?
Also, what if I replicate new work of yours (chance would be a fine thing!!) but don't sell it - but start wearing it and showing my friends? Is that ok?
Hope that's helpful,
Helen xx
Mmmmmm yes I see that how else could I word it ? It's really identical design I'm meaning .. I can see exactly where you are coming from. I think it's something unlikely to happen but needs to be included in some way - need to re think that - thanks Helen :)
And the other question is a good one and also absolutely fine :) I will edit and add that ...
That all sounds very reasonable and very generous to me.
I think this could be a useful tool for all tutors ... although I've just thought of another question:
Can I replicate your Code of Conduct? ;D
Seriously though, most written tutorials contain at least a sentence intended to cover the purchaser's rights to the techniques or design therein, but I've always been very wishy washy about this. And I've never taken a class where students have been required to sign any kind of contract, but I'm in a similar situation to you in that I also rely solely on my beadmaking and tuition for my income, so I think it's certainly time to get more business-like about this.
You will only ever be able to cover yourselves to a certain extent. Even with contracts for people attending a class with you etc, there's still nothing to stop someone talented just figuring out how you made your bead, and then plain copying your work and selling it, even if they have NEVER bought a tutorial from you, or been on one of your classes. I'm guessing there's diddly squat you can do about that short of taking them to court and trying to prove they stole your idea.
There's a certain Etsy shop run by a Netherlands lampworker which doesn't feature one single original item - every single thing in it is a blatant copy of someone else's work... but not much that can be done about it I'm guessing.
Absolutely - but I feel that those that take classes may feel happier if they have answers before they come - I would never dream of using this as a contract but just as guidelines to common sense . Perhaps sent as a booking confirmation or something.
It's never going to solve the copying problem but just might go a small way to bridging the gap maybe . I think there is so much confusion surrounding the subject and not only confusion but fear of doing the wrong thing - and I think it's really hard for people starting out in this new hobby .
I think that's fine Manda. I guess all I'm saying is that even if you had used something like this historically, I'm not sure it would have prevented your current issue. In my experience, 99% of the population are honourable, sensible and pretty honest. Unfortunately the other 1% are out and out scallywags, who know full well that what they are doing is seriously unethical, but don't care a jot. For that small minority the presence of written guidelines etc is unlikely to have an impact because the bottom line is that they really DON'T CARE what you, or anyone else thinks of their conduct.
I think you are right Helen and I think it's also correct that fortunately we are talking about a very small minority -I just hope that it might clarify things for people especially as I have had a few messages from people I've taught worried that they are doing something wrong :)
The last thing I want is for people not to want to take classes with me :( and so it is hoped that even if this thread gets few comments, it will be read and people will see that I'm not to be feared!
You to be feared?! :o You've got to be the one of the huggiest lovliest and most generous teachers I know ;D
And I think as a relative newbie guidelines for classes would be good, to put my mind at rest and for me to know what I can do, otherwise I build up a whole pile of my own made up 'can't dos' in my head and I end up thinking I can't make anything because.... ;) I think we all like to know where we are :)
Manda even though this situation does need to be clarified for all parties I do think you have no need to worry about people coming to future classes with you. Your work is stand alone quality and what you teach is so absolutely you not only could it not be found anywhere else but it couldn't be delivered by a nicer person, everyone who matters knows that.
Totally agree - I don't think anything that's happened online over the last week or so would put anyone off taking taking a class with you Manda!! You are a great teacher, make stunning beads and are lovely to boot. You're only standing up for your rights, I can't see anyone having an issue with that! ;) :) :D ;D
I somehow seem to have missed whatever has caused your consternation Manda, but I totally agree that you are a most generous teacher and make everyone feel welcome and confortable when they visit your studio.
I live with my head in the clouds and have also missed whatever has happened. Firstly I do hope you are ok mand. Secondly my lessons at your studio have been amazing your are so warm and lovely and immensely talented it is an honour to be taught by you. Xx
I've missed it too (probably because I don't do FB), but I agree with Amanda and Susie - I love coming to your studio, and your lessons are wonderful!
Nick xxx
We all want lessons with you and suggest you move nearer to each of us! Stop worrying and get some rest, after all your stress you must need to relax a bit. X
Yes....I'm waiting for your next class, Manda ;D
Linda xxx
I`m also waiting for more tutorials and classes lovely Manda!
I don`t think in any way people will be put off - your reputation is an excellent one, and I think the majority, if not all who have read the various posts on FB will understand and agree with the need for a little addition to the T&C's. In any other business this would be standard practice.
I think for the purposes of clarity, your code of conduct should be added into your T&C's which people have to tick to say that they agree to before coming on a class with you.
It probably won`t stop the minority of copy cats unfortunately, but it will give black and white answers as to what people can and can`t do.
The only other thing to consider is to refuse certain people, who you know are the ones directly copying you, access to your courses. Easier said than done I know but your beautiful designs are the product of hours and hours of hard work on your part, and why should you allow anyone to sabotage that.
Hope David is feeling better and that you are both getting a bit more sleep :-)
Hxx
I think you should have a little thing that lets people know what they can and cannot do.
My tutor at uni does a lot of commission work and everytime he has a consultation he signs what is basically a gag order.
I know that is a little extreme, but all buisnesses have guidlines and rules to help them survive. Why should the lamping world be any different. I love the fact that people are so willing to help each other, its not always that way.
But there will always be people that take it too silly places and dont have many morals.
But have you heard of ACID?
http://www.acid.uk.com/ (http://www.acid.uk.com/)
I know a stained glass artist that had similar problems and so she joined ACID, and i think it works that you submit your design and a date you created it, then they have proof its yours and if you do get someone copying, they can help as they have you original. Does that make sense?
I might be wrong i havent looked into it much, but it might help. :)
Hope everything gets better soon :D