Monday, November 23, 2009

What The?

Oh, full of drama both good and confusing. My household was abuzz with preparations for the coming holiday week. All cleaning and the children uncleaning. We had dental appointments and shopping for table wares. We had playtime with the cousins and delivery of the dining set we'd waiting over two months to receive. I finished knitting up a gift and tatting all weekend long. We bought one set of dishes and acquired another which all needed washing as well. It was mostly ups, but there was one very odd down.

I awoke rather early on Saturday and did a random google search for ankle corsets. I often do this sort of thing to see if anything has been featured anywhere, when what to my wondering eyes should appear, but a pair of my corsets for sale elsewhere. I was shocked and annoyed that I had not been informed that a pair I had sold would be for sale. I had been asked about wholesaling to the site, which I have never really done anywhere. Why let someone pay you less for something & then charge the customer the same amount, particularly when it is online as well. Not to mention that I can't make enough stock for that sort of deal. I suppose it would have been fine had I known, but the other weird detail was the renaming of the piece to something I find silly. The full and initial rant is located on my facebook fan page. I have calmed and I think that it might just fade into the sunset, but yeah, that was my weekend, 'what the...?' moment.

This week should be full of more tatting, the start of the free shipping season and hopefully the arrival of my belly dancing piece supplies, so I can get that made in time. There of course will be eating and whatnot and my posting here and at the wunderkammer mat be interrupted, but I don't know how busy I will actually be yet. Just don't be shocked if I seem to disappear for a bit, like I'm going to do right now.


Anonymous said...

"My apologies for the knock off assumption, I was simply taken aback at the surprise. It is perfectly reasonable that pieces were created independently in the same vein."

It seems to me that you have grossly misrepresented what happened in this post; the issue in question has been dealt with and it seems bad form to complain about it again without mentioning that the person in question did, in fact, speak to you already about this and was not, in fact, copying you. It just comes across as somehow uncharitable to not mention that you were mistaken.

TotusMel said...

Actually, my issue was never with what appeared to be copying but rather the unauthorized sale of my actual piece.

Permission to resell was never given and while I grant that there is nothing I can do about that, I can absolutely talk about it in my blog since many of my friends do not belong to facebook at all.

Lila said...

"Gross misrepresentation"? The Internet: making anonymous lawyers of us all.

I think you're perfectly justified in your feelings. Then again, I am not a lawyer. Not even on the intarwebz.

Ms. Whimsy Beading said...

Dear Snippy Anon,

The point isn't whether or not the copying issue was cleared up. The point absolutely is that the reseller didn't ask permission to resell before he/she purchased Mel's work.

I read both the Facebook account and this one, and what the reseller has done is crappy. Crappy business practice, crappy attitude and crappy handling all around. There's no law preventing the reseller from doing what was done, but there is a matter of professional courtesy, which was sadly lacking. Next time, before you start whinging about being "grossly misrepresented" - think twice at how the sale was represented to the artisan. It's terribly bad form to lie by omission, then get shirty when you've been caught at it.

Linda said...

This has happened to me, also. The only recourse we have is to take legal action. And even if we do this, if the copier (or unauthorized seller) changes the product at all, it won't work. The only advice I have (which has worked for me) is go on and create new products and just keep creating! If we get bogged down in all this, our creativity will be hindered. You are so talented, I always am waiting to see what new items you will come up with next.

that_rat said...

Here here for Ms. Whimsy Beading for saying what's been needed to be said! What will be interesting is when the buyer/seller inevitably returns to purchase another ankle corset...since they have the same item [which they only have one of] listed on two different sites for sale! Plus, it is great that they used my wife's stuff for the header image for their page, but that also seems wrong. The whole thing reeks of bad business practices...

AJ said...

Perhaps the lesson to take from this is that you should be charging a bundle for your ankle corsets! :)

But seriously, I find it very dishonest to purchase something made by an artisan and sell it without crediting them.

Jrahn said...

People are always trying to rack my coolness factor too... Sucker fishies, all of them.

Anonymous said...

I find it entertaining that your ego is so large. Tatting has been around for a long time and for you to think that you’re that first person to ever come up with a design is pure amusement.
Also people do have the right to sell things that they have bought. Being mad that the person sold 'you’r stuff' is like a company being mad that someone is having a yard sale and selling that companies products, I find that cute. Instead of ranting and creating a mob to "attack" the offender is childish (just like the intractables thing). Grow up, get some balls and message the person before you go crying like a little girl.

P.S. Odds of this comment either being deleted or attacked by Totusmel's childish mob 9/10

TotusMel said...

Wow...just wow.

It certainly is easy to attack someone anonymously isn't it...all safe and warm.

I never claimed to have been an amazing first talent at anything, sure I have an ego, who doesn't? Sure, I have friends who like to stand up for me...don't you?

If I didn't delete the first comment, why would I delete this one?

I do also find it a bit odd that someone who clearly does not like me would be frequenting my blog and take the time to comment...oh & one more thing, I don't think it's mature to call people who don't hide when they speak up for someone childish.

Ivy said...

Oh, for Pete's sake. There is a very marked difference between selling something you no longer need at a yard sale or thrift shop and putting it up for listing on a commercial site. Pretending there isn't doesn't fool anyone, and really only makes you look bitter and angry because you got caught out doing something shady.

Sara said...

Consider this another comment of support from the childish mob. If their intention was to resell then it should have been represented as such during the original sale. Although it's probably not illegal, it is shady and questionable especially when you denied wholesale to their sister company.

Sarah Dungan said...

Under the assumption that "Anonymous" is the person being pointed out as the reseller in the blog and facebook posts, then there are some things that must be mentioned.

First, it is foolish to assume that in a blog run my the person you are speaking against you might find anything but an unsympathetic audience. Granted this is what amounts to an internet 'public space' but its a bit like coming up to a group of people in the park because you overheard a comment and correcting them. Its remarkably naive to presume you'll be greeted warmly.

Second, while reselling an item you have purchased is entirely legal - you are doing a few things that are either poor business practice or as uncharitable as you believe this blog post is.

- You do not mention the name of the original creator, presumably because you are reselling the item for considerably more then she is selling it for. While not strictly misrepresentation, this is certainly uncharitable to the designer in question.

- Reselling an item for more then it is available for elsewhere is a terribly bad business model. And anyone who purchases from you then does a google search regarding the item will likely feel somewhat taken advantage of.
Its rather like buying a Prada bag and then listing it on your own website at a 40% mark up. Perhaps in a brick and mortar shop this might work out but on the internet, the land of price comparing websites and google searches, the price mark up becomes very apparent.

And finally - given that the designer of the original item is extremely easy to find when searching for information about ankle corsets, you're behavior is generally ill considered. In essence you are an unauthorized reseller and the designer herself can point you out, say 'I do not approve of the price or business practices of this person, you may well wish to order from me directly and avoid paying more' and be well within her rights (both legal and moral) to do so. Had you replied and worked out a business solution in private you could probably have avoided a great deal of negative publicity. It would have been a better business decision.

dalij said...

Well stated Sarah. Anon is so out of his or her league. Creative people do tend to protect each other when it comes to these types of instances.

If you resell something and don't credit the true designer/maker, then you are trying to take credit for work that is in no way yours. As everyone has pointed out this is not illegal, but it is unethical. When buyers find out you have taken credit for said object, you have discredited yourself and your business dealing. People will turn away and your business will fold. They know that you cannot be trusted. By doing such dealings hurts you more than the original artist.

So go ahead and continue to live in your dream world where it is you who have been wronged. Just remember that you have put yourself in that world with all the trappings and threw the first fistful of dirt. So it should be no surprise that you are now dirty. Go hide in your corner and eat worms. You brought this on yourself. Let it drop and fade quietly into the sunset. You are past your 15 minutes!

mary said...

LMAO told you "P.S. Odds of this comment either being deleted or attacked by Totusmel's childish mob 9/10" btw I assume you can't read since I put 'OR', here is the definition of 'or' for you "Used to indicate an alternative," What’s the point of having a name? Honestly, even if I had a name I could still change it to be anything, so it is still pretty much anonymous, so why bother? Even you, you could be any of the other people who have posted, smart one. "frequenting my blog and take the time to comment..." frequenting, that’s cute. This is actually the second time I checked this blog out, I found a link to here through intractables yesterday but I had no time brows. You see most of the time when people find a new site/blog, they like to look around, see if there is anything cool… so far I’ve been sadly mistake, there aren’t any links to other sites (fyi, There is a link to here from your blog, if you don't want people to check out your site you should take it down)
Btw who said I don't like you? I never said that. I don't even know who you are, from reading the few posts you made you sound emotionally unstable but, by no means do I know or can say whether I do or do not like you. I'm pointing out that you are being childish, gathering a mob to attack people who have 'wronged' you, Instead of either messaging and fixing the problem yourself or just shutting up and dealing with it. If you fixed the problem first then posted about it, or if the person was being absolutely unreasonable then it would be a different story because you wouldn’t look so incompetent and childish when dealing with your own problems. Considering your lack of ability to even give a good reply, I think I’m just going to assume that you NEED your kiddie mob… Speaking of safe and warm, huh? LMAO.
When you sell something it is no longer yours. Yes, YOU made it but you don't OWN it anymore because of the fact that YOU SOLD IT. If the person wants to resell what they bought they can, its up to them if they want to be nice and give you credit or not.
What did you do email your child mob? You truly are entertaining. (Just an fyi for the kiddie mob: I didn’t bother reading the stupid posts, since I don’t feel like wasting my time.)
TLDR: fix your problems yourself before you get your childish mob to attack the person being so terribly mean to you. While you’re at it get a back bone.

steve said...

Oh look I’m a new person now!!!!! WOW! That was hard! Typing a new name sure is exhausting

Sarah Dungan said...

First a note to dalij: For future clarification, it IS illegal to take credit (by omission or specifically) for another persons work. However it is not illegal to omit the name of the person in question. Thus the statement "Hand tatted by an American artist" makes it a legal reselling of a legally purchased item. Just for your future reference and business needs :-)

Anonymous/Mary/Steve: If you wish to be a professional , you should behave as such.

In point of fact, as you've already pointed out, the creator of the item cannot legally force you to take down your listing. Pointing the listing out and suggesting that it is unauthorized and overpriced is in the situation the most logical step to take. The tone of your posts suggests that if you were asked politely to remove the listing or to clarify who the designer is, then you would have reacted badly (as you are doing now).

The tone of your comments do not paint you in a very reasonable or professional light. You are slandering yourself by your own behavior.

You are also basically making it impossible for you to fulfill your sales obligations should you sell more then one of the ankle corsets in question, because I imagine at this point TotusMel will exercise her legal right to refuse sale. If you are hoping to combat bad publicity with these comments, you're shooting yourself in the foot.

If, of course, you are not the seller in question are essentially exactly what you are accusing us of, and being part of her "childish mob". Only, it should be pointed out that we are not in your 'house', you are coming into ours.

Of course I'm fairly sure you didn't read my other comment so I think maybe I'm just performing to a sympathetic audience. Ah well.