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Sunday, January 12, 2014
Featured In A Valentine's Collection On ArtFire
This Collection was prepare by The Witch and Mule from Franklin, New Hampshire.
Sharon "The Witch" Cox & Kathlene "The Mule" Fleckenstein. In the bio from their shop they say:
We are single, older women caring for our average and aging duplex in a small New Hampshire town.
Over the years we've worked as a hotel maid, restaurant manager, waitress, ammunition packer, college student, real estate appraiser, gas pumper, photographer's assistant, store clerk, grocery bagger, florist, government clerk, embroiderer, county assessor, and business owner.
We've raised horses, mules, pigs, chickens, mink and 6 kids, travelled to 49 states (Hawaii's still on the 'to do' list), and visited 5 foreign countries. We've owned 9 properties in 8 states.
We've survived cancer twice, had several heart attacks, and endured the death of a child.
Between us we have 2 cats, 3 dogs and 4 ex-husbands.
You could say we've been around the block a time or two, but don't for a minute think we're over the hill!
And now it's the time in our lives to focus on our creative gifts which have for far too long been overshadowed by the "have to's" of the everyday. We've thrown caution to the wind, let our minds and hands run wild, and gleefully offer up our handicrafts to you. Enjoy!
Visit their ArtFire store to see thei creations.
http://www.artfire.com/ext/shop/studio/thewitchandmule
Sunday, January 27, 2013
Farewell To Twinkies
As you know, last fall Hostess announced that they were closing shop and Twinkies, a life time favorite of many, would be no longer. This set off a rush to the super market, drug stores, convenient food marts, discount centers and other places that sell sweet treats. The shelves were as emptied as quickly as my sons were able to consume this treat when they were four years old.
Entrepreneurial Twinkie fans, seeing this as a money making opportunity, purchased as many boxes as they could and sold them at usurious prices on E-bay during the coming days.
Warren, my husband, chanced to see one remaining box on the shelf at our usual grocery store and on a whim purchased it. Patrick, my youngest son, toyed with the idea of selling this sought after box on
E-bay…..but didn’t.
Instead, we decided to save it for a special occasion and have a proper family “Farewell Old Friend” party for the contents. We had planned to do it on Christmas but forgot to do so with all of the other holiday excitement. We knew there was there was no rush as this treat is so well fortified with preservatives it could have a life span of thirty years or more.
We celebrated Warren’s birthday last Saturday night with a family fish fry and combined it with a farewell to this old favorite. Olivia, our youngest granddaughter, ate her’s without a moment’s hesitation.
Sydney, oldest granddaughter shared her’s with her Mother.
Mason decided to put his in a Mason jar and keep it as his “best friend”. I suggested that he and Olivia should collaborate on a story called “Mason and Me” that is written from the Twinkie’s perspective……
Time will tell if Mason’s Twinkie becomes a cherished chronicled friend, or if it will become a future after school snack.
But alas......crime never stops............One Twinkie went missing! We had to have a family line up to determine the guilty perp.
While this case remains unsolved, there is a “person of interest” who demonstrates a high degree of possible guilt!
Our "family fish fry farewell to an old friend party" made Grandpa’s birthday celebration fun for all.
Happy Birthday Warren and Farewell Twinkie!
Maybe our next party will need to honor Pabst Blue Ribbon if they are successful in bringing back our old friend….the Twinkie!
Friday, August 31, 2012
Meet Blue Moon
In the late 70’s or early 80’s I chanced to see a piece of work done by a contemporary western sculptor named Les Welliver. I was so enthralled with it that I wanted to see more of his work. I learned that he was an artist who lived in Montana and used wild life and Indians as his subjects. I began trying to locate a source for his work. I finally succeeded.
I was lucky enough to find a perfect piece to give to my husband, Warren, for his up-coming birthday. Since Warren is an anatomist, I knew he would appreciate the detail in the piece I had selected and purchased. And sure enough, he was both surprised and delighted.
As he inspected the piece, we both agreed that the figure’s face was wise, somewhat wizened and humble. However, her chest told a completely different story. Her well-formed and taunt breasts were both bold and quite boastful.
Warren wanted to thank the artist for having done the piece and gave him a phone call. During their long conversation, Warren asked if he had used a live model to create the piece as its anatomy was so detailed and correct. Les informed him that he had not used a model but he had seen a few women and had a good memory.
We all laughed.
Now I can’t recall the original name of piece. I am sure I have it written down somewhere. But it isn’t what she is called anymore and her original name will have no significance here.
As Warren and Les visited on, they both agreed that it would only be “once in a blue moon” that one would could expect to find such an extraordinary body on one so wise and humble as this lady appeared. Thus the piece was re-named Blue Moon.
Blue Moon has graced our family room mantle since that day and once in a blue moon I reflect on that phone conversation we had with this great artist and chuckle about her re-naming ceremony.
Blue Moon…today is your day. What a privilege it is to have had you with us all of these years!
I was lucky enough to find a perfect piece to give to my husband, Warren, for his up-coming birthday. Since Warren is an anatomist, I knew he would appreciate the detail in the piece I had selected and purchased. And sure enough, he was both surprised and delighted.
Blue Moon by Les Welliver
As he inspected the piece, we both agreed that the figure’s face was wise, somewhat wizened and humble. However, her chest told a completely different story. Her well-formed and taunt breasts were both bold and quite boastful.
Warren wanted to thank the artist for having done the piece and gave him a phone call. During their long conversation, Warren asked if he had used a live model to create the piece as its anatomy was so detailed and correct. Les informed him that he had not used a model but he had seen a few women and had a good memory.
We all laughed.
Now I can’t recall the original name of piece. I am sure I have it written down somewhere. But it isn’t what she is called anymore and her original name will have no significance here.
As Warren and Les visited on, they both agreed that it would only be “once in a blue moon” that one would could expect to find such an extraordinary body on one so wise and humble as this lady appeared. Thus the piece was re-named Blue Moon.
Blue Moon has graced our family room mantle since that day and once in a blue moon I reflect on that phone conversation we had with this great artist and chuckle about her re-naming ceremony.
Blue Moon…today is your day. What a privilege it is to have had you with us all of these years!
Tuesday, August 28, 2012
My Thunderbird Earrings
My Thunderbird Earrings were featured today in this wonderful Collection on ArtFire curated by Artede Found Partes owned by Sharona
Sharona says, “I am old school. All my life I have looked at things from a perspective viewed as unique. During my lifetime I've saved, reused, restored, redone, reworked and redecorated many material possessions. I enjoy encouraging and inspiring all young at heart's creative talents.
Sharona’s Art Fire store features many interesting items made from her recycling stash. You can view her work at: http://www.artfire.com/ext/shop/studio/ArtedeFoundPartes
View the Collection and visit Sharona’s store as well.
Sharona says, “I am old school. All my life I have looked at things from a perspective viewed as unique. During my lifetime I've saved, reused, restored, redone, reworked and redecorated many material possessions. I enjoy encouraging and inspiring all young at heart's creative talents.
Sharona’s Art Fire store features many interesting items made from her recycling stash. You can view her work at: http://www.artfire.com/ext/shop/studio/ArtedeFoundPartes
View the Collection and visit Sharona’s store as well.
Saturday, August 25, 2012
What Are The Odds?
There we were, minding our own business, when Patrick spied a man and a woman with birds just off the Santa Fe Plaza. Patrick loves birds so of course he had to go over for a closer look. After looking the birds over and talking to the people who were from the Wild Life Federation, he asked if he could take some pictures.
I was standing back next to a lady who was also intent in watching and asking questions. You can see her (to the right of the bird’s talons and up) in this photo.
Patrick took his shots and left a donation in the pail. At that point, the lady lamented that she did not have a camera with her and asked if Patrick would e-mail his shots to her if she gave him her e-mail address. He agreed and she started across the street to get him her business card.
Since we were going the same direction, we followed her. It turned out that she was an artist who had a booth just outside a large hotel. As we approached, she said to Patrick, “I’m going to give you a gift.” We both assumed that it would be a small print of one of her works or note cards. But she put out two full size prints and told him to take his pick. He made his selection and she signed the print “To Patrick, Amy Stein.
Amy Stein’s bio from her web site is as follows:
AMY STEIN, an award-winning Santa Fe artist, well-known for her beautiful prints of the southwest, has been profiled in the nationally published American Artist magazine. She has conducted self-imagery workshops "Healing the Self Through Self- Portraits" for the California-based American Institute of Medical Education, the Institute for Integral Development in Colorado Springs and the Santa Fe public schools. She holds a Master of Fine Arts degree from the City University of New York and is a licensed New Mexico art teacher. Ms. Stein has been an Artist-in-Residence in New Mexico and accepts artistic portraits commissions.
After a nice visit, we left with her card, Patrick’s new piece of art and a promise to send her the photos as soon as we returned home.
We continued our exploring of the Plaza, had a delightful chicken, green chili, pinon nut and asiago cheese pizza at one of our annual stops, Roof Top Pizza, and returned to our hotel.
We were each sitting on our bed chatting about the day and planning for the next one. Patrick got a strange look on his face and said, “What was that artist’s name?” I responded Amy Stein. He said, “That’s what I thought but I’m not believing this”. I couldn’t imagine what he was talking about other than her generosity in having gifted him with a wonderful print. I asked what he meant and he told me to look behind me. I did.
Can you imagine our amazement to find the work of an artist we chanced to meet on the street, promised photos, and was gifted by on our hotel room wall? There it was. As plain as day. What are the odds?
We took this picture of her work on our wall and determined we had to share the story with her.
The next day, we went back to Amy’s booth to share this “against all odds story” with her.
She was as amazed as we had been. I asked if she had prints like the one in our hotel available as I wanted a copy to complete the story of this amazing encounter. She did and I purchased one.
We plan to frame and hang the two works side by side not only because she is a gifted artists doing wonderful work but as a reminder of that special day and how people are brought together in the most mysterious ways.
I was standing back next to a lady who was also intent in watching and asking questions. You can see her (to the right of the bird’s talons and up) in this photo.
Patrick took his shots and left a donation in the pail. At that point, the lady lamented that she did not have a camera with her and asked if Patrick would e-mail his shots to her if she gave him her e-mail address. He agreed and she started across the street to get him her business card.
Since we were going the same direction, we followed her. It turned out that she was an artist who had a booth just outside a large hotel. As we approached, she said to Patrick, “I’m going to give you a gift.” We both assumed that it would be a small print of one of her works or note cards. But she put out two full size prints and told him to take his pick. He made his selection and she signed the print “To Patrick, Amy Stein.
Patrick's Selection: Angel of The Roses
Amy Stein’s bio from her web site is as follows:
AMY STEIN, an award-winning Santa Fe artist, well-known for her beautiful prints of the southwest, has been profiled in the nationally published American Artist magazine. She has conducted self-imagery workshops "Healing the Self Through Self- Portraits" for the California-based American Institute of Medical Education, the Institute for Integral Development in Colorado Springs and the Santa Fe public schools. She holds a Master of Fine Arts degree from the City University of New York and is a licensed New Mexico art teacher. Ms. Stein has been an Artist-in-Residence in New Mexico and accepts artistic portraits commissions.
After a nice visit, we left with her card, Patrick’s new piece of art and a promise to send her the photos as soon as we returned home.
We continued our exploring of the Plaza, had a delightful chicken, green chili, pinon nut and asiago cheese pizza at one of our annual stops, Roof Top Pizza, and returned to our hotel.
We were each sitting on our bed chatting about the day and planning for the next one. Patrick got a strange look on his face and said, “What was that artist’s name?” I responded Amy Stein. He said, “That’s what I thought but I’m not believing this”. I couldn’t imagine what he was talking about other than her generosity in having gifted him with a wonderful print. I asked what he meant and he told me to look behind me. I did.
Can you imagine our amazement to find the work of an artist we chanced to meet on the street, promised photos, and was gifted by on our hotel room wall? There it was. As plain as day. What are the odds?
Little Yellow Flower
The next day, we went back to Amy’s booth to share this “against all odds story” with her.
She was as amazed as we had been. I asked if she had prints like the one in our hotel available as I wanted a copy to complete the story of this amazing encounter. She did and I purchased one.
We plan to frame and hang the two works side by side not only because she is a gifted artists doing wonderful work but as a reminder of that special day and how people are brought together in the most mysterious ways.
Friday, July 6, 2012
Artistic License, Copyright Infringement and the Nerve of Some People!
There I was. Minding my own business when I received an e-mail from a friend who is not a member of Etsy. He explained that an Etsy seller had pirated some copyright protected photos from his website, converted them into beadwork patterns and was selling them on Etsy.
Since he isn’t a member of Etsy, he could not contact her through the Etsy convo system and had no other way of doing so. He asked that I contact her on his behalf. After assuring myself that he was absolutely correct. There could be no mistake that the bead patterns were taken from his site. I did.
Here is what I wrote to her ….I have omitted the links and names so that the parties are not identified. XXXX is my friend. OOOO is the copyright infringer.
OOOO,
I am writing to you at the request of the Webmaster for the site XXXX
It is obvious that this pattern was taken from the clip art section of the XXXX site and you are requested to remove it as the site identifies that the features are not to be modified or shared in any way and certainly not to be offered for sale in a modified form.
Here is the link to the source of your pattern and the XXXX instructions for how their clip art may and may not be used.
(Link provided)
It is also evident that your pattern, (Etsy link) was taken from the XXXX site.
Here is the link to the source of your pattern and again, it clearly identifies that it can not be modified for use in this manner. (Link to the original piece provided)
The Webmaster respectfully requests that you remove these items from your listings to avoid further action on behalf of the XXXX site.
Joni Stinson
This is her response:
How DARE you accuse me of this! I have NEVER seen that website before. I
created those patterns YEARS ago. Just because the animals maybe
traditionally claimed by American Indians DOES NOT mean someone stole them from any website. Get over it! I'm reporting you to ETSY. OBVIOUSLY you cannot be a rational or professional person. Try and take action against me and I'll
reciprocate.
My Response:
I told you that I was writing on behalf of the Webmaster for XXXX.
He is not a member of Etsy and chose not to join just to contact you.
You are welcome to contact him yourself at
(E-mail for XXXX provided here)
I will share your convo with him.
Joni Stinson
Then she wrote this to me:
I don't care who you say you are representing. YOU sent the obnoxious email. And I'm reporting YOU to ETSY.
I forwarded her convo’s to my friend. As a result, he joined Etsy and wrote this to her:
Greetings,
I am writing to you because you are using some of our images for commercial purposes. I did ask Joni to write to you and ask for you to remove them as I did not want to join a site just to contact someone, but from seeing your reply to her, it has left me no option than to write to you myself.
You say that you've not taken them from the site. Lets say that I believe that for now. There is no question that you took them from *a* site that was displaying our work. There is NO WAY that these came from your own creational mind. Compare the bison images... they even have the same markings. Ours were taken from a PHOTOGRAPH of the actual piece. Same for the bear.
I could have just contacted Etsy and raised a DMCA against you, but there is a strong chance that you could lose your etsy account, and I do not wish for that. But if you refuse to remove them, I will raise a DMCA against you.
Where ever you got these from, they originated from our site and we do not allow them to be altered, or for them to be used for commercial purposes.
I hope to hear from you every soon.
Kind Regards
XXXX
copyright holder to these images.
She responded to him:
Thank you for the lecture. . I assume you think that's not rude, either. You ask another Etsy seller to send me an email calling me a fraud and unethical without asking for an explanation....
I consider THAT RUDE. I had no idea who Joni was or if she really spoke for anyone or if you even had copyrights to those images in the first place. I still am taking your word on that.
And in your email you imply I'm a liar....THAT's definitely rude. I DID NOT take those images from your web site. I got them from somewhere, maybe they were posted somewhere else and I believed they were copyright free.
You took NONE of that into account before you threatened me via Joni.
And for your information, since my husband is a lawyer, I CAN copyright my patterns which is what my listings say.
Since you probably won't take my word for it, have a look at my Etsy store just to make sure the patterns are gone and I'm not lying, ok?
So, there is no misunderstanding, I deleted all patterns and work on those images. Sorry, I can't furnish you with proof of that.
NOW the matter is CLOSED.
OOOO
XXXX’s subsequent reply...
OOOO,
If your husband is a lawyer, he will know that you cannot copyright someone else’s work. Nor can you copyright something that is in the Public Domain, freeware, shareware etc etc.
FYI I have not gone back to the site, so I have taken your word for it.
hmmm, this is the thanks I get for NOT getting someone into trouble. I know next time, not to bother contacting the seller, but to go to the site owner.
I have read the email Joni sent, and it was polite and to the point. Ask your husband on how threatening legal letters can be, and then you may see how polite both Joni's and I were. Neither does it state in her email that you were a fraud or unethical. She said..."It is obvious that this pattern was taken from the clip art section of the XXXX site and you are requested to remove it as the site
identifies that the features are not to be modified or shared in any way and
certainly not to be offered for sale in a modified form."
She didn't say you took it, she said it was taken. And it is obvious. She also gave you the URLs for you to double check.
She also said "The Webmaster respectfully requests that you remove these items from your listings to avoid further action on behalf of the XXXX site."
Did you notice that ? ... respectfully requests ... and that is us being rude it it ?
I wonder how polite you would be if someone took your possessions and started selling them.
Regards
XXXX
She wrote to him again:
I am sorry you feel this way and I'm sorry you've felt you've needed to express yourself so rudely, both directly and through a third party. I have NEVER knowingly based my work on anyone's copyrighted images. I do use copyright free images and I am meticulous about ascertaining the copyright on all images. Most of my work is from my own digital artwork or photographs.
I have researched where I got those images, but it was so long ago, I don't have records. I know I made the patterns in 2008. Because of their similarity to what you say are YOUR copyrighted designs, which for now, I'll assume is true, I am removing the patterns from my site.
By doing this, I am not admitting to copyright infringement in ANYWAY. However, I know you can make trouble for me and I believe you would.
I hope you're happy now.
OOOO
XXXX’s reply:
Greetings OOOO,
Thank you for getting back to me, I do appreciate it. I am however surprised that you thought that I, or Joni, was rude.
I spend approximately 30 unpaid hours a week tracking down people who are violating our copyrights or copyrights to our clients. I was already busy dealing with DMCAs with other sites when I asked Joni if she could contact you (as she was an etsy user) and ask you to remove them.
You have to remember I deal with a lot of sites, and to sign up for each one, just to contact the violator becomes more time consuming, and a PITA to remember all the passwords etc. That is why I asked her.
I cannot see anywhere where I was rude in my email to you. I cannot change color on my email settings, nor can I make italic text, so anything that needed to be emphasized, was done in capitals. I had to do that because you denied that they were copied from our work, even though Joni had sent you the links to the originals.
Nowadays, we do not normally contact the violators due to the reasons I gave above. Normally, we will contact the hosting provider instead. If I had done this option with you, there could have been a good chance that they would close your account.
You say that you made the patterns in 2008. I have dug out the psd files I have for these, and the bear was last worked on at Jan 01 2003 The bison was last worked on at 4th Jan 2004
On a side note, you say..."I do use copyright free images"
You do realize that you cannot copyright something that is already copyright free. Same goes for public domain images. If they are PD, then they cannot be copyrighted by someone.
I can understand you not having records, but whoever you asked to use them, it wasn't from us, and whoever gave you permission, did not have the rights to do so.
Yes, I was annoyed seeing our work being sold. And yes, I was annoyed to see someone else claiming copyright on it. (Wouldn't you be?) But I was more annoyed when I saw your reply to Joni. Even after been shown the evidence, you were denying it. I was expecting a "oops, sorry, I didn't realize"
kind of email like we normally do.
I am sorry that you thought I was rude. I was polite, but firm. I even signed off with "Kind Regards"
Maybe I should have just contacted Etsy with a DMCA and saved myself a lot of time.
We do not want to sue you, nor do we want you to lose your account with Etsy. We just wanted our images removed from the site because they were being used for commercial purposes.
If they have been removed, then the matter is closed.
Kind Regards
XXXX
Did she use copyrighted work to develop her patterns? Yes
Were we rude or accuse her of fraud? No
Have I been reported to Etsy? I don’t know. But I don’t believe she has a case. But if I have been reported, this blog will be my defense.
Do you know what DMCA is? I didn’t, but I do now. You can read all about it here: http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
Will I provide you with her store name? Yes, please don’t buy patterns from her. Contact me.
Would I do this again if requested by a friend? In a heart beat!
Since he isn’t a member of Etsy, he could not contact her through the Etsy convo system and had no other way of doing so. He asked that I contact her on his behalf. After assuring myself that he was absolutely correct. There could be no mistake that the bead patterns were taken from his site. I did.
Here is what I wrote to her ….I have omitted the links and names so that the parties are not identified. XXXX is my friend. OOOO is the copyright infringer.
OOOO,
I am writing to you at the request of the Webmaster for the site XXXX
It is obvious that this pattern was taken from the clip art section of the XXXX site and you are requested to remove it as the site identifies that the features are not to be modified or shared in any way and certainly not to be offered for sale in a modified form.
Here is the link to the source of your pattern and the XXXX instructions for how their clip art may and may not be used.
(Link provided)
It is also evident that your pattern, (Etsy link) was taken from the XXXX site.
Here is the link to the source of your pattern and again, it clearly identifies that it can not be modified for use in this manner. (Link to the original piece provided)
The Webmaster respectfully requests that you remove these items from your listings to avoid further action on behalf of the XXXX site.
Joni Stinson
This is her response:
How DARE you accuse me of this! I have NEVER seen that website before. I
created those patterns YEARS ago. Just because the animals maybe
traditionally claimed by American Indians DOES NOT mean someone stole them from any website. Get over it! I'm reporting you to ETSY. OBVIOUSLY you cannot be a rational or professional person. Try and take action against me and I'll
reciprocate.
My Response:
I told you that I was writing on behalf of the Webmaster for XXXX.
He is not a member of Etsy and chose not to join just to contact you.
You are welcome to contact him yourself at
(E-mail for XXXX provided here)
I will share your convo with him.
Joni Stinson
Then she wrote this to me:
I don't care who you say you are representing. YOU sent the obnoxious email. And I'm reporting YOU to ETSY.
I forwarded her convo’s to my friend. As a result, he joined Etsy and wrote this to her:
Greetings,
I am writing to you because you are using some of our images for commercial purposes. I did ask Joni to write to you and ask for you to remove them as I did not want to join a site just to contact someone, but from seeing your reply to her, it has left me no option than to write to you myself.
You say that you've not taken them from the site. Lets say that I believe that for now. There is no question that you took them from *a* site that was displaying our work. There is NO WAY that these came from your own creational mind. Compare the bison images... they even have the same markings. Ours were taken from a PHOTOGRAPH of the actual piece. Same for the bear.
I could have just contacted Etsy and raised a DMCA against you, but there is a strong chance that you could lose your etsy account, and I do not wish for that. But if you refuse to remove them, I will raise a DMCA against you.
Where ever you got these from, they originated from our site and we do not allow them to be altered, or for them to be used for commercial purposes.
I hope to hear from you every soon.
Kind Regards
XXXX
copyright holder to these images.
She responded to him:
Thank you for the lecture. . I assume you think that's not rude, either. You ask another Etsy seller to send me an email calling me a fraud and unethical without asking for an explanation....
I consider THAT RUDE. I had no idea who Joni was or if she really spoke for anyone or if you even had copyrights to those images in the first place. I still am taking your word on that.
And in your email you imply I'm a liar....THAT's definitely rude. I DID NOT take those images from your web site. I got them from somewhere, maybe they were posted somewhere else and I believed they were copyright free.
You took NONE of that into account before you threatened me via Joni.
And for your information, since my husband is a lawyer, I CAN copyright my patterns which is what my listings say.
Since you probably won't take my word for it, have a look at my Etsy store just to make sure the patterns are gone and I'm not lying, ok?
So, there is no misunderstanding, I deleted all patterns and work on those images. Sorry, I can't furnish you with proof of that.
NOW the matter is CLOSED.
OOOO
XXXX’s subsequent reply...
OOOO,
If your husband is a lawyer, he will know that you cannot copyright someone else’s work. Nor can you copyright something that is in the Public Domain, freeware, shareware etc etc.
FYI I have not gone back to the site, so I have taken your word for it.
hmmm, this is the thanks I get for NOT getting someone into trouble. I know next time, not to bother contacting the seller, but to go to the site owner.
I have read the email Joni sent, and it was polite and to the point. Ask your husband on how threatening legal letters can be, and then you may see how polite both Joni's and I were. Neither does it state in her email that you were a fraud or unethical. She said..."It is obvious that this pattern was taken from the clip art section of the XXXX site and you are requested to remove it as the site
identifies that the features are not to be modified or shared in any way and
certainly not to be offered for sale in a modified form."
She didn't say you took it, she said it was taken. And it is obvious. She also gave you the URLs for you to double check.
She also said "The Webmaster respectfully requests that you remove these items from your listings to avoid further action on behalf of the XXXX site."
Did you notice that ? ... respectfully requests ... and that is us being rude it it ?
I wonder how polite you would be if someone took your possessions and started selling them.
Regards
XXXX
She wrote to him again:
I am sorry you feel this way and I'm sorry you've felt you've needed to express yourself so rudely, both directly and through a third party. I have NEVER knowingly based my work on anyone's copyrighted images. I do use copyright free images and I am meticulous about ascertaining the copyright on all images. Most of my work is from my own digital artwork or photographs.
I have researched where I got those images, but it was so long ago, I don't have records. I know I made the patterns in 2008. Because of their similarity to what you say are YOUR copyrighted designs, which for now, I'll assume is true, I am removing the patterns from my site.
By doing this, I am not admitting to copyright infringement in ANYWAY. However, I know you can make trouble for me and I believe you would.
I hope you're happy now.
OOOO
XXXX’s reply:
Greetings OOOO,
Thank you for getting back to me, I do appreciate it. I am however surprised that you thought that I, or Joni, was rude.
I spend approximately 30 unpaid hours a week tracking down people who are violating our copyrights or copyrights to our clients. I was already busy dealing with DMCAs with other sites when I asked Joni if she could contact you (as she was an etsy user) and ask you to remove them.
You have to remember I deal with a lot of sites, and to sign up for each one, just to contact the violator becomes more time consuming, and a PITA to remember all the passwords etc. That is why I asked her.
I cannot see anywhere where I was rude in my email to you. I cannot change color on my email settings, nor can I make italic text, so anything that needed to be emphasized, was done in capitals. I had to do that because you denied that they were copied from our work, even though Joni had sent you the links to the originals.
Nowadays, we do not normally contact the violators due to the reasons I gave above. Normally, we will contact the hosting provider instead. If I had done this option with you, there could have been a good chance that they would close your account.
You say that you made the patterns in 2008. I have dug out the psd files I have for these, and the bear was last worked on at Jan 01 2003 The bison was last worked on at 4th Jan 2004
On a side note, you say..."I do use copyright free images"
You do realize that you cannot copyright something that is already copyright free. Same goes for public domain images. If they are PD, then they cannot be copyrighted by someone.
I can understand you not having records, but whoever you asked to use them, it wasn't from us, and whoever gave you permission, did not have the rights to do so.
Yes, I was annoyed seeing our work being sold. And yes, I was annoyed to see someone else claiming copyright on it. (Wouldn't you be?) But I was more annoyed when I saw your reply to Joni. Even after been shown the evidence, you were denying it. I was expecting a "oops, sorry, I didn't realize"
kind of email like we normally do.
I am sorry that you thought I was rude. I was polite, but firm. I even signed off with "Kind Regards"
Maybe I should have just contacted Etsy with a DMCA and saved myself a lot of time.
We do not want to sue you, nor do we want you to lose your account with Etsy. We just wanted our images removed from the site because they were being used for commercial purposes.
If they have been removed, then the matter is closed.
Kind Regards
XXXX
Did she use copyrighted work to develop her patterns? Yes
Were we rude or accuse her of fraud? No
Have I been reported to Etsy? I don’t know. But I don’t believe she has a case. But if I have been reported, this blog will be my defense.
Do you know what DMCA is? I didn’t, but I do now. You can read all about it here: http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
Will I provide you with her store name? Yes, please don’t buy patterns from her. Contact me.
Would I do this again if requested by a friend? In a heart beat!
Monday, April 23, 2012
Pow Wowing in Lincoln, April 21, 2012
While Joba Chamberlain, Winnebago from Lincoln, NE, recuperates from an injured ankle in New York, his father, Harlan Chamberlain attended the University of Nebraska Pow Wow last Saturday. We were pleased to have Mr. Chamberlain make purchases in our booth.
Joba is a pitcher for the New York Yankees. He is the pride of the Winnebago tribe and his late cousin, Lu Armel…my dear friend.
Joba injured his right ankle while bouncing on a trampoline with his son in March. Joba resumed working out at the Yankees' minor league complex this week, where he played catch in the outfield with his right knee on a stool.
Joba is quoted as saying that “ the ankle continues to improve and that his throwing arm is 100 percent.
It's a little stiff, but good,"
Harlan Chamberlain is one proud father…and well he should be!
Patrick and I vended at this Pow Wow. This was our second year to participate in this event but we look forward to many more. The Pow Wow is held to honor students graduating from UNL. They also honored any student present who had graduated from something…..down to pre-school.
Mr. Chamberlain, it was so good to see you out and about on Saturday. We look forward to Joba’s full recovery and return to the Yankees. We also look forward to attending this event again next year!
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