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Cat Gabriel Cat Gabriel Crafts
Melbourne, Australia
Posts: 923

just another update.  I've had several emails from the seller now, we've been emailing back and forth.  Basically she is pleading ignorance and says the patterns she sells are always originals.  I tried to explain to her that my pattern is only available in PDF format and isn't even available in printed form and I expressly say that the pattern is not be copied or resold.  I think she knows full well what she's doing....I hope she gets banned soon.

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

She knows.  bear_rolleyes  If you check her feedback this isn't the first time she has been called out on selling copies and or patterns without permission. I hate it when they try to play dumb!! Own it and say you are sorry and stop! What ever happened to integrity and pride!!! Gees!!!
Hopefully she will be removed but knowing eBay it will only be temporary so keep an eye on her. She just might be back in a month or so or possibly sooner using another ID.
Good Luck!! bear_original

rkr4cds Creative Design Studio (RKR4CDS)
suburban Chicago
Posts: 2,044

I''m very late to this 'party' as I've been on vacation since early last week (and continue through the 25th) but am MOST Pleased to see that you gals have sunk your teeth in like proper bulldogs and are not letting go! Keep up the Good Fight! A continuing, concerted effort is what it will take every time we discover one of these scoundrels...
Thank God we're an international community, a sisterhood with no boundaries. We'll hound them and report them and keep nipping at their heels every time we find them and not allow others to steal our hard work.

Each Copyright holder may set their own Business Limits: I'm one who goes along with the sale of my original work (the pattern itself), but NO personal 'working' copies to be made or kept. (The USPTO used to call this the Garage Sale Principle; now it's The eBay Principle...)
Others do not allow their work to be resold. Period. But items made from the patterns may be sold.
There are as many combinations of conditions as there are pattern developers: All of these MUST be honored, under the terms of the 'Contract' made in the sale of the pattern (Exchange of pattern/Kit for $$ = Contract/Agreement)

Tina Remem-bear Artist Bears
Posts: 524

Hi Catherine

No problem, like Bobbie says, somehow we will stop her and people like her (hopefully!). My patterns say on them that the bears created from my pattern can be resold, if sold in single editions, but the pattern can not be resold, either whole or amended.

I just kept sending emails demanding that my patterns be removed and that it is against copyright law to sell them and that I WOULD prosecte, etc, etc, etc. Basically I wanted to let her know I wasn't going away until they were removed and that I was watching her auctions!

I told her she had no honour for doing this.

Keep us updated...

Hugs
Tina

Tina Remem-bear Artist Bears
Posts: 524

I've just checked ewidohe's auctions and she is just selling willy warmers (lol!) and toilet roll covers ~ no sign of any patterns.

Natascha LeftyBears by Natascha Sabo
Remchingen
Posts: 314

But what if she starts selling patterns again after a few weeks or months when she thinks that we forgot her?
I just clicked her profile and watched her past auctions. It's so terrible to see whose patterns she has been selling.
Fortunately, I don't sell any patterns (guess why) but I saw she sold a pattern of a friend of mine the other day and of course I informed my friend about this.
But what about all the other artists who might not even know what this person is doing with their work? That is so terrrible!

Tina Remem-bear Artist Bears
Posts: 524

Hi Natasha

We let them know.

I'm going to be watching her and I think its the only thing we can do, especially if ebay won't ban her, and she may just start up again as a different seller anyway if she does get banned.

Are there any other ebayers selling copies that anyone knows about that we should be watching also?

Hugs
Tina

matilda Matilda Huggington-beare
WA
Posts: 5,551

I checked out her auctions the other day when this came to my attention and didnt find me. Which I wasnt expecting, I did'nt look for me really anyway, so it was unexpected when I get an email from a TTer saying my Digby was on her list. Having been sold last month.
I sent this woman an email to stop and sent an email to Ebay. I let them both know I was not amused and was fully prepared to make trouble.

The  shame is.......I was thinking just this last week to design a new pattern  for publication but I will never do that again. And I will inform the magazines just that. Maybe if we all wrote to the magazines and pulled our patterns they would do something about protecting their livelyhood.?
worth a shot if we work enmassed?
Anyway.......sigh.......I am NOT happy.
Wendy

matilda Matilda Huggington-beare
WA
Posts: 5,551

NO they are not from Bear Creations

she sold Digby in January.....I am not impressed!
Wendy

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

I will be watching her like a hawk!  :rolleyes:
I'm not convinced she will not start back up especially with patterns from artist whom have not contacted her. eBay will shut her down if she continues to violate. 3 strikes and your out! Unfortunately she still can find away to sell again. Other than policing the internet/eBay I don't know what can be done to stop this. Does anyone know of anything else? Other than stop selling patterns? Which for those of us who follow the rules will suffer. I think what the magazines need to do is on each pattern write that it is against the law to sell copyrighted material. That way if it's being duplicated and sold on eBay you know the seller had to remove the wording from the pattern! Just a thought....

matilda Matilda Huggington-beare
WA
Posts: 5,551

This woman sent me an apology. I think I will now demand the money she received so I can donate it to the Vic fire victims.  I'm surprised that I never thought of the money she made sooner. Duh!! :doh:
I'm going to worry this like a dog to a bone.
In  australia we  believe and conduct ourselves in FAIR PLAY.  Now I dont particularly give a toss whether the rest of the world understands FAIR PLAY or not........if you play with me you play fairly. Its simple respect.

rkr4cds Creative Design Studio (RKR4CDS)
suburban Chicago
Posts: 2,044

I rec'd this post on one of my group lists yesterday - it reminded me  of both this thread and the topic of ppl posting others' full books and kits in personal Google's Picassa Albums: I'll disclose her name and contact info to anyone who'd like to contact her for more information.

Subject: [CraftAndHobby-IndustryDesigners Yahoo Group] Copyrights & Google

I just received an email with information from the Author's Guild. Part is
below:

$125 million settlement in Authors Guild v. Google.

The settlement strengthens authors' rights and will, if approved by the
court, result in millions of dollars of payments to authors. At least $45
million will be paid to authors and publishers to release claims for books
that are scanned by Google by May 5th of this year. But that's not the most
significant part of the settlement, in our view. We expect the licensing
that this settlement would enable, particularly of out-of-print books, will
result in far more revenues for authors over the coming years.

The settlement covers essentially all in-copyright books that were published
by January 5, 2009. (Some authors have told us that they think of the
settlement as covering only books for adults or nonfiction books. This is
incorrect. Books of all types are covered by the settlement.)

Jare Hares & Bears Jare Hares & Bears
Polo, IL
Posts: 983

Well this just goes to show that some people are thieves.

I allow people to make bears/rabbits/cat/etc for resale, fund raisers, etc.  All I ask is that they credit me for the design, is that hard to do?  All that needs to be done is to sew a tag in the tush.  I don't allow them to re-produce or re-sell my patterns.  Mass production/manufacturing is prohibited.  There are exceptions only two re-seller that have my permission and they sell bear making supplies.

Thank you to those of you keeping your eyes peeled.  I have stayed away from eBay due to all the changes that they have made lately.  But now I know that I need to keep an eye on things I will pay better attention.  The only user id that should be selling my (Jare Hare & Bears, Jared Monroe) or my mother’s (C. Riffenberg Bear Co., Jane Monroe) patterns on eBay is hare1990, that is my user id.  If they are listed by any other user id they are illegal.

EBay shouldn't have a problem pulling an auction.  They pulled one of my pattern auctions about a year ago and it took me six months to prove to them that I was the copyright holder.  I lost sales and my eBay fees.  I have since moved on to other venues.  If I feel a listing is fishy, I have no problem reporting it.  They should pull these auctions without question after all they pulled mine when one could clearly see that I was selling more of my own patterns.

I am selling my patterns on other venues and here is a list:
Esty.com
Patternmart.com
Jarehares.com
Bear Street – Dale Junker

If they are being sold on any other website they are illegal.  There is one other legal venue that is selling my patterns.

If you ever find this happening again, please let me know.  You can contact me @ jarehares@frontiernet.net (preferred), jarehares@hotmail.com or mom, Jane Monroe, @ janemonroe@frontiernet.net.

Thanks again to all of those who have kept their eyes open to this stuff.

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