Looks Like a Raven, Acts Like a Raven –A Raven By Any Other Name?

Hers are above and mine are below.

Is copying really the best form of flattery? Or do “great minds” really think alike? I’ve known many artists over the years whose work has been copied, replicated, altered, duplicated, inspired, and flat out ripped off. I’ve had an experience in every one of those categories with my art making being on the receiving end. Sometimes copyright infringement is hard to prove but I know it when I feel it. When I see visual art that’s similar to something I’ve already created my stomach tightens and my heart rate quickens. For me it is an emotional experience. When I first saw another company’s Ravens silk screened onto squares of batik fabric I thought they looked very similar to the Raven Quilt Panels and Raven Garden Flags that Jana and I have been producing for over a year. After researching copyright definitions, consulting with other artists and legal professionals I wanted to have a better understanding of what really was considered copyright infringement. Whitney Smith’s Sprout Vase was clearly ripped-off by a major retailer though most of her copyright issues have stemmed from her work “inspiring” other ETSY artists! This is what the United States Copyright Office says:

What is copyright infringement?
As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. http://www.copyright.gov/help/faq/faq-definitions.html

After making a couple of calls and speaking directly to the company owner who is distributing the Raven Panels and who I’ve known for years, I learned that more than likely this is a situation of the similar Raven Quilt Panels being a case of a creative process that ended up with a VERY similar product but without malice or intentional copyright infringement. That’s what I’m hoping. Nevertheless, I did follow up with an e-mail to the proprietor of the company to make her aware of the similarity by attaching copies of our packaging covers showing our copyright mark. Here is what my first e-mail said in part:

“Thanks for taking my call this morning. As promised I'm sending you images of the batik Raven panels Jana and I already sell. I was surprised to see how similar your Ravens silk screened onto the various batik fabrics are to our designs we created, produced and started selling last year. I was the designer and the original idea of Raven Garden Flags was also mine. Jana's idea was to sell the silk screened panels in the Quilted Raven for quilts, flags or other projects. I'm hoping that you reconsider selling such a similar product.”

Her reply explained how her company came to produce such a similar product and claimed she had not seen Jana and my Raven panels before. She also claimed it should be OK to sell her product because at the moment Jana was only selling her Raven Quilt panels at one of her stores The Quilted Raven. However, my two final points in response were that our distribution is not her concern and ultimately “while I appreciate the process that led you to create a similar product, after seeing such a similar idea I felt it was my responsibility to make you aware of our pre-existing product design so we may protect our copyright.”

Bravery Wheel

I’ve been able to take a break from welding this week and focus on an on-going fabric design project. This past spring, working on a collaborative project with my friend Jana for her quilt shop, The Quilted Raven, we designed some Raven themed fabric that is being custom screen printed on batik fabric. Jana also owns the very cool gift shop Cabin Fever -both shops are in downtown Anchorage. We also decided to produce my popular Raven Garden Flags. In Jana’s quilt shop she sold the flags in kits and at the Market I sold the flags already assembled. Both versions were a success and we are on our second silk screening of that project. For some time I have wanted to design quilted wall hanging patterns using Raven and other fun designs. The design part for me is fun and comes much easier to me than planning the fabric colors and print combinations. I’ve said before that I’m not very color brave and on my to-do list list this winter is Judy's on-line Color Theory class, but until then I'm on my own. You’d think that all artists should have an eye for color but just as all artists can’t draw, not all artists (ME) know how to use color! UNTIL I found this handy color wheel called the Rainbow Color Selector at a fabric shop. This wheel helps you select colors that “guarantees (I like the word guarantee) your color choices will be based on proven principles of balance and harmony.” The printed mini companion piece that came with the wheel is very educational and informative.

I’m sure a lot of this color knowledge may be obvious to some, but it wasn’t to me. I know I should have paid closer attention to Color Theory in school –but I didn’t and there is not a whole lot of color variations in steel -well there is various patina's of rust and I've got those down pat! What I like best is the wheel actually inspires me to try other color combinations I normally wouldn’t consider, especially when I look at combining 4 different color combinations –all done by pointing the “Rectangle Tetrad.” By turning the wheel there is even a complementary, triad and split complement stars to better help me with color selections. There are also Square Tetrad, Analogous, Monochromatic,

Counterpoint and Multi-color color combinations the wheel can suggest. My first 3 pattern designs are done and now I’m working on all of the packaging and printed pieces that will accompany the design. I also still need to double check my measurements and proof the sewing instructions, but that stuff is easy compared to selecting the various fabrics and colors that you hope inspires the customers!

These are my first two quilted wall hanging patterns that will be for sale at the Quilt store. "Raven Says Hello!" is approx. 15" x 15" and "Raven and Friends" is approx. 13" x 33"

I Wanna

Spoiler alert- I’m (not) complaining. Are any of you finding it hard to make the time to follow all the Blogs you normally do in the winter? How can it be JULY

ALREADY?! I miss my slower winter routine, I miss reading all of the Clay Blogs and even a couple of cranky-chicky-complainer Blogs I secretly follow. I want to make more time for clay, encaustics, lounging on the deck reading trashy chick-lit, hiking up Mt. Alyeska, fly fishing, or even going to a mid-day movie with Gus…waaah, waah, waa. There are so many fun things we’re packing into our summer days that it leaves little time for me to do my other routine fun stuff! We finally got the fabric screened and cut for the cool, new Raven Garden Flag project I’ve been

collaborating with Jana at The Quilted Raven! Wow, this has been more of a project than both of us anticipated. The goal is to have kits at her quilt shop and finished sets for sale at my Spenard Farmers Market booth. The very talented Judy Walyer sewed up a fantastic sample set for the quilt shop and now I need to design the full color insert for the retail kits. My summer schedule has left very little time for being at my computer and combine that with the fact that my graphic designer brain has been on hiatus, this project is what I needed for a good kick-start.

Nimbus has been adjusting beautifully to his new home and schedule –though it’s meant some MAJOR changes in our family routine. More exercise for Daddy-O and I, a new jog-bra for me(!) and keeping the Bunny in his cage more… Bunny

Foo-Foo used to free-range in the studio but for his sake, no more unlimited free-ranging. This is working out good for everyone including bunny. He has started to get a little kooky in his senior moments and has been doing weird things so a little more kennel time is good. Our crazy rabbit is over 11 years old, which is considered geriatric by bunny standards and he’s still going strong. Derek says it’s because of all the organic veggies I feed him… We’re just saying his new arrangement is like spending more time safely in “his retirement condo.” When we run Nimbus outside, Bunny Foo-Foo gets his inside exercise too, I’ve just had to make myself a little reminder that the rabbit bait is loose in the studio before Nimbus heads inside…