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Us Bears Pennsylvania
Posts: 1,479

The Bears in this den don't speak very often but in a case like this, they will break silence.
Their little outburst, above, is a rarity.  But I let it pass because I think it's important to show the Bears' point of view.

Okay...  Now a word from the human.  ;)

There is a very important thing that people who remake Bears don't understand:
Teddy Bears aren't simply inanimate objects to be trifled with.

This isn't about anthropomorphizing your Bears like a lot of people do.  It's about the SYMBOLISM of the Teddy Bear.

A Teddy Bear is s symbol of kindness.  That's how the Teddy Bear got it's name, when "Teddy" Roosevelt showed kindness to a helpless bear cub.  Since then, people have added meaning to the symbolism.  Bears are now much more multifaceted symbols.

They stand for kindness, compassion and love.  They stand for unconditional friendship.  They stand for courage in the face of danger.  They are personal confidantes and advisers.  Teddy Bears mean a lot of thins to different people.

When somebody remakes a Teddy Bear they DESTROY the symbolism!
Regardless of whether it is a commercially made Bear or an artist's Bear.  To remake a Bear is to tamper with it's original essence of intent.

When you adopt a Bear...  It doesn't matter if you buy an artist Bear or a commercial Bear, there was a designer who created the Bear's shape and personality.  It is that shape and personality that conveys the designer's feelings and emotions.  It is those emotions that convey the symbolism of that particular Bear.

A Bear can be happy.  A Bear can be sad looking.  A Bear can be pensive, courageous or one of a million different things.  To remake a Bear destroys the original look of the Bear, thus destroying the symbolism that a Bear stands for.  That is he ultimate insult to the designer or artist.

It's like saying, "Your feelings don't count!"
That's just about the worst insult you can give ANYBODY!   bear_angry

There ARE craft Bears that people can buy from just about any craft store.  They were MADE for people to use in their craft projects and things like that.  You can dress them up and change them in just about any way you like.
Those Bears know that this is their job...  To be the beginnings of other people's expressions of their own symbolism.

If people want to remake Bears, they should use CRAFT BEARS instead of trifling with other peoples' symbolism!

KJ Lyons KJ Lyons Design
Seattle, WA
Posts: 1,413
Website

Bear Guys,
As an extra measure I do file copyright registration forms. It's really easy and it would be an extra edge if someone decided to go wild with one of your favorite guys. You'd probably never go to court unless the copier starts making a LOT of money, then it would be worthwhile to sue and stop them. Otherwise, as we've talked about on the forum before, it's just easier to go on to the next design and not drive yourself crazy. I could see how someone like Art Rogers would benefit from a strong copyright position. He would be put out of business by a serious copycat.
Karen
P.S. IF I had a factory sewing my basic body and head I could complete at least four or five pieces a week as opposed to one a week that I am able to complete, now. ANd that's working a lot of hours dyeing, coloring, needle sculpture, eye sockets etc. BUT no factory would even attempt my complicated patterns  bear_tongue  So I'm pretty safe in that way. All I do is torture myself instead of some poor overseas worker  :lol:

Karen and the complicated cats

jenny Three O'clock Bears
warwickshire uk
Posts: 4,413
Website

I think the reason it's being done is that it is a quick way to tart a bear up and offer it for sale. I do think it's entirely different from having bears made up over-seas and then finishing them. Personally I would not like to work like that but soem people do and they are up front about it. It enables higher productivity and just say you supply shops it's a good way of keeping costs down and production up...so ..unlike me you can say yes when shops get in touch!! This is nothing like that..at least the artist who has bears made up in China or wherever has control and has designed them. This is just stepping on peoples toes! Not saying who the artist is, is very naughty...I think they should at least get a mention!

The thing I don't particularly like about this is that the little bear I saw was nothing like the sweet little soul looked in the first place. It just looked like an overworked bear with little appeal left. The ladies own bears are quite nice..and while there will be folks who reading this thread might think,  ' hey that's a great idea' ..I just think that key to this is that, in the main, artist bears are one of a kind..and so to change a bear so completely is disrespectful to the original concept...no matter how smelly it's become.

Roxanne Bear Paws by Roxanne
Odessa, Tx
Posts: 917

I agree. Once a artist bear is sold and in the collectors hand, we have no control over what is done with the bear.
Do they still call it an "artist" bear? If so, which artist are they talking about? The original, or the "reborn"? Should props be given to the original artist? Or would it "harm" the original artist reputation? By a collector thinking that the original artist's work sux....
So many questions...... bear_wacko 
Also, doing a little search on google, my opinion as  Jenny's,

The thing I don't particularly like about this is that the little bear I saw was nothing like the sweet little soul looked in the first place. It just looked like an overworked bear with little appeal left. The ladies own bears are quite nice..and while there will be folks who reading this thread might think,  ' hey that's a great idea' ..I just think that key to this is that, in the main, artist bears are one of a kind..and so to change a bear so completely is disrespectful to the original concept...no matter how smelly it's become.

I thought the original bears were cute. If they had a "smell", then fix it! Please don't go and change the bears total appearance to look like it was entirely made by the "reborn artist".

The Rabbit Maker The Rabbit Maker
England
Posts: 680
Website


Cosmetic surgery has finally reached the bear world ???????? bear_grin

Us Bears Pennsylvania
Posts: 1,479
The Rabbit Maker wrote:

Cosmetic surgery has finally reached the bear world ????????  :lol:

FORCED cosmetic surgery without the Bear's consent!   bear_sad

Roxanne wrote:

Once a artist bear is sold and in the collectors hand, we have no control over what is done with the bear.

There is a legal term called "Doctrine of First Sale", meaning that once a copyright work in tangible form is sold by the creator/copyright holder, people who subsequently resell that work are protected from prosecution... PROVIDED THE WORK IS NOT ALTERED.

Therefore, a person who alters a Bear then resells is might be subject to legal consequences.

Check this quote from Wikipedia: 

Wikipedia wrote:

With reference to trade in tangible merchandise, such as the retailing of goods bearing a trademark, the "first sale" rule serves to immunize a reseller from infringement liability. Such protection to the reseller extends to the point where said goods have not been altered so as to be materially different from those originating from the trademark owner.

http://en.wikipedia.org/wiki/First-sale_doctrine

This article only serves to point out something I think is relevant.  If you think this is an avenue you would like to follow up on, get professional advice before proceeding.
(Remember what we said about Wikipedia not being a primary resource?  bear_happy )

Roxanne Bear Paws by Roxanne
Odessa, Tx
Posts: 917

Us Bears

There is a legal term called "Doctrine of First Sale", meaning that once a copyright work in tangible form is sold by the creator/copyright holder, people who subsequently resell that work are protected from prosecution... PROVIDED THE WORK IS NOT ALTERED.

Therefore, a person who alters a Bear then resells is might be subject to legal consequences.

I guess you learn something new everyday...... bear_whistle

Us Bears Pennsylvania
Posts: 1,479

I'm not 100% sure on that because the original intent of the doctrine was to protect printed work.  But later, it was expanded to cover music and electronic distribution of music.  Basically it talks about the "tangible form" that a copyright work takes.  I don't know about you but Teddy Bears seem pretty tangible to me!  ;)

If it is important to you (I think it is) you might be able to consult a lawyer and get a more definitive opinion.
A 30 minute consultation shouldn't be too expensive.  Some lawyers will even give a short consult for no charge, much the same way a mechanic will give a free estimate for his work.

I don't know, but I think this might be a good "hook" to use in case somebody else does rework one of your Bears.

The Great Bear Posts: 94
The Rabbit Maker wrote:


Cosmetic surgery has finally reached the bear world ???????? bear_grin

That is cheeky now  bear_grin  bear_grin  bear_grin

Eric

I Love Teddies South Florida
Posts: 1,684
Website

I haven't seen this but I would be curious too if someone would send me the link.  I would not buy it as a collector.  If I was an artist, I think I would be upset that someone would have altered my hard work.  I'm not surprised people are doing this but it still doesn't seem right.  Are the original artists given credit at all?

edie Bears by Edie
Southern Alberta
Posts: 2,068

I've sent you a link to the ones I came across, Chrissie - not sure if these are the ones originally talked about or if there are others as well.
I did notice this time looking at them that she says that she was given written permission by the original artist to do the makeovers. She doesn't give the artist's name. If someone remade one of my bears I certainly wouldn't want my name mentioned - I wouldn't consider it one of my bears any more and wouldn't want collectors to think it was my work with me having no control over the outcome!

Bubble-Up Bears Bubble Up Bears!
Murrieta, California
Posts: 1,804

I wonder about that........
I would like to know just one artist that would give permission. So far I don't hear anyone really going for this. I guess since she doesn't name the artist no one will know unless the bear is recognized.
Edie can you send me the link too?
I would appreciate it.
bear_original

Tammy Beckoning Bears
Nova Scotia
Posts: 3,739
Website

I personally don't understand the appeal of this  for a collector .  My first thought was just what Cyndee said.  Can you imagine taking the Mona Lisa, adding a hat , changing her outfit and selling it as your own without feeling like you've done something very wrong.    It's not something I would want to happen to my creations that I spend hours making .

I guess if the artist gives permission then it is o.k.   I agree with Edie though, I think I would want my name left off in that case as it is no longer my bear. 

Edie , I would be interested in the links also.  I just can't get my head around this concept, and would be interested in seeing what is happening.

K Pawz Guest

WoW that is just crazy! I couldn't imagine reworking someone elses work!!! the nerve...why on earth would these people spend money on an artist bear in the first place just to rework it????

Can someone send me the link please?

hugs,
Krista

K Pawz Guest

Thanks for the link! I think that is  insulting for the original artist to be asked something like that. Here we are always looking for new artists to join the fold and then a bear maker gets this insulting request? if that was me I know my bear making would have stopped right there out of embarassment and self doubt.

hugs,
krista

Bubble-Up Bears Bubble Up Bears!
Murrieta, California
Posts: 1,804

I'm wondering....
Does any one know her?
Is she a member of T/T?

Clarebear Fulrfun Bears
Alice Springs
Posts: 503

I bought a couple of bears on ebay that were sold as 'suitable for reborning'.  When I got them I fell in love with them and there is no way I would change anything.  The reason I bought them was because I had heard of the dolls but not bears and I had an interest but didn't know if I would ever do anything or not.  These bears were plastic with a cloth body and well dressed.

I guess changing a manufacturers bear is OK so long as all the copyright rules are followed.

FenBeary Folk FenBeary Folk
Pointon Fen, Lincolnshire, UK
Posts: 2,234

I would be interested in the link also ....................please.................can't imagine how you would "re-born" a bear!!!!

The Great Bear Posts: 94

Why this link is not added in one of your post  here ? It would be easier to have a look.

Thank you in advance.

Eric

jenny Three O'clock Bears
warwickshire uk
Posts: 4,413
Website

I have not added the link because I think it's not fair to the persons concerned..either the make-over artist or the original maker..my question originally wasn't designed to target anyone in particular...just to question the process of making over an artists bear and the issues involved...not to point fingers at anyone.

The Great Bear Posts: 94
jenny wrote:

I have not added the link because I think it's not fair to the persons concerned..either the make-over artist or the original maker..my question originally wasn't designed to target anyone in particular...just to question the process of making over an artists bear and the issues involved...not to point fingers at anyone.

Ok Jenny I understand.

Would you like to pm me the link please ?

Eric

Bubble-Up Bears Bubble Up Bears!
Murrieta, California
Posts: 1,804

Eric,
I just sent it to you via your personal email.
I will PM it to you now. bear_original

desertmountainbear desertmountainbear
Bloomsburg, PA
Posts: 5,399
Bubble-Up Bears wrote:

I'm wondering....
Does any one know her?
Is she a member of T/T?

This lady is not a member of TT.  But I happen to know that a friend of hers is.  When she saw this she could not believe it was her friend that was being discussed here.  It made her feel bad.

I do feel if this was me I would like to have been told that I was doing something wrong and upsetting through an email rather than to have found out through a friend that I was being talked about on a public forum.

Joanne

Laurie Laurie Lou Bears
Norfolk
Posts: 3,246

The lady in question bought a bear from me a few years ago and she is a lovely person and maybe she didn't realise that by redoing the bears that  it would cause so much ill feeling.
Laurie :hug:

Bubble-Up Bears Bubble Up Bears!
Murrieta, California
Posts: 1,804

I think many such as myself didn't know who it was until the link was given out.
This is why I asked Joanne.
I myself didn't want to accuse her of anything nor make her feel bad.

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