Date: Friday 11th October 2019
Location: Ossett, Wakefield
To be honest I wasn't going to bother with a blog today; given that 99% of it has been about as productive as pissing in a plant pot and expecting it to sprout real estate,
So for the benefit of those people who find joy in staring at plain walls, counting pebbles on a beach (or even the smaller beach further along a.k.a son of a beach!) or seeing how many words bigger than four letters they can find in The Sun Newspaper here is this mornings entertainment.
9.00 a.m. - 10.00 a.m. Had breakfast - some kind of flaky cereal thing containing bits of, what appeared to be, parrot droppings, essence of dried mollusc and cat litter (Probably bloody lightweight cat litter!)
10.00 a.m. - 1.00 p.m. Rang 'Halifax 'It only takes a couple of mouse clicks' Bank' to replace missing credit/debit cards
1.00 p.m. - 2.00 p.m. Lunch -
*Carton séché avec de la margarine de moisissure et du bœuf salé.
Tasse de moucheron piss tea
Gâteau rassis imbibé d'essence et garni de chou-fleur
2.00 p.m. - 3.00 p.m. Scooping up half an acre of dog shit with a blunt petrol driven device on busted wheels - a.k.a. mowing the lawn.
3.00 p.m. - 4.00 p.m. - Dehydrated after clearance of fetid fetulance and feeling faint/nauseous I drank duck wine to clear my head thus avoiding falling over and bonking my head on the sideboard .
3.00 p.m - 5.30 p.m. Simplified the drive back to Huddersfield by travelling through marsh land, swinging though trees and avoiding the narrow roads of Milnsbridge by taking a circuitous route across the Himalayas.
....and then Kat happened!!!!
But first of all, a brief explanation. Kat is someone I am very proud to call a friend. She has a number of serious mental health issues - autism, severe anxiety, depression, PTSD, as well as physical health conditions like IBS. She is also a multi-talented artist, a qualified taxidermist, trained as a ninja warrior, an alternative model, an actress, a dancer, a singer and (for good measure) a comlete "loony and proud of it" (her words before the PC brigade rise up with torches and pitchforks to drag me off into the night). Kat has been featured on the Captain Victory's Facebook page so If you would like to fnd out more about her (and you realy should) then follow this link. Kat Croker Art
But back to today!!!
Kat Croker Of 'Kat Croker Art' is an artistic genius, an absolute fucking genius. She works with a passion and enthusiasm that is second to none. Creating something truly unique and original for the steampunk market is difficult at the best of times - many things are variants on the basic steampunk attire such as goggles, hats, armbands, pocket watches, waistcoats and so on. But Kat is one of the few artists who manages to be truly original. and she never seems to stop - I'm sure she works all day and all night
Recently some deluded twat with a stall full of unimaginative garbage had the audacity to accuse Kat of stealing her ideas - this was based on the fact that Kat had seen one of this individuals ideas and had a go at making three variations of them herself. They weren't offered for sale at events and she certainly didn't make any money on them elsewhere.
This individual then started her own little campaign by bombarding Kat with messages accusing her, not just of stealing her ideas, but profiting from them as well. She even went as far as writing a (ridiculously long) letter to Kat telling her to stop making the item, removing all photos and information connected to it and provide a written apology for making three of the items in the first place. The whole thing was really quite ridiculous.
Breach of Copyright
Before I continue - allow me to explain. I do not present this information simply because Kat is my friend - we have known each other only a short time anyway - I do so because it is something of a common occurrence in steampunk trading ( in fact any sort of trading as it happens which is why companies will use all sorts of methods to protect their interests and ensure copies aren't made, standards are maintained and that no one other than the original designer/inventor/team is able to profit from the idea). Now I'm no expert on copyright law but in order to successfully sue someone for breach of copyright three things need to be proved
1. That copyright has been breached in the first place
On the face of it this seems relatively simple - if the copied item is identical to the original item you have a legal case against the copyright thief! But this rarely if ever happens - in practice changes are made to the product which make it different to the original. When this happens - can the item still be said to be a copy?
Suppose an individual sees a stallholder selling a top hat that has been decorated with a single blue feather. If that individual then goes away and makes the same hat identical in every way - colour, material, stitching pattern, etc - with a green feather is that a copy or an original? what happens If the feather is substituted for two feathers or a different material altogether such as a length of leather a strip of EVA, a piece of chain or if other decorations or added - cogs, wheels, watch parts, copper piping, tubing, wiring, leather, etc etc that render the original almost unrecognisable is that a copy or an (almost) original idea?
2. That a substantial quantity of a product/item has been put into production
Prosecuting someone for breach of copyright is a lengthy and expensive business.Their is little point spending a substantial amount of money if the 'copyright 'thief' has made only a handful of a particular product.
3. That the individual/organisation in breach of copyright has made substantial profit from the inventors/designers original idea and, conversley, has dperived the orginal designer/inventor of profit that should rightly be theirs?.
Unless you can prove that the organisation or individual has made or has the potential to make a sizeable amount of money and that the marketing and selling of the copy is robbing you of profits that should rightfully be yours. It's virtually pointless in trying to sue them.
This doesn't mean that it isn't maddening when you come up with an idea and later on see it appear on someone else pitch. I have heard some people actually have the brass neck to approach a stallholder, ask how a certain item is made then go away saying "that's great i'll make some of those and sell them myself!" and we've all had the 'customers' who have a good look at an item before teling you quite proudly and without a trace of irony "I can make these myself'
So what do I do if I think someone has stolen my idea?
The problem with steampunk accessories is that in the majority of cases the items are not patented. This means they are an easy target for anyone who wants to appropriate the idea. So really, unless you can prove that someone stands to make vast profits from your idea there's not really a lot you can do. But one or two things you might try..
A Quiet Word
The best method, if you feel strongly that someone has made blatant copies of your idea, is to have a quiet word with the person concerned and ask them politely to remove the item. If they refuse though theres not a lot you can do.
Speak to the organiser/s
Organisers of festivals and events usually try to avoid duplication of products in order to maximise profits for the trader - and for themselves since the trader will want to return to a venue at which they have done well. They may step in on the traders behalf if someone is selling exact copies or is selling items they arent listed as having. Organisers will generally look after traders who have supported their event in the past and may step in to avoid further issues.
Do Nothing
A strange piece of advice but steampunk traders are, on the whole, a very loyal bunch of people and a lot of cameraderie exists among them. They do not like people copying ideas and, although I have yet to see this in action, I believe that anyone who did blatantly steal another perons idea would get a very luekwarm reception. I have know steampunk traders see another trader selling the same item as them (not a question of copying just coincidence) and offered to remove the ones they are selling from sale.
Of course you coud try more economical methods...
Pray to the great Chthulu to smite them and all their family during tea break.
Frighten them away with the words "Begone thou foul embezzler of other peoples wares, leave this earth until such time as thy can come up with an idea of thine own and doth not have about thee the stink of a dogs undercarriage"
Replace ther E6000 with Durex lubricant
Ensure their hats fit snuggly on their heads - with the aid of a nail gun
Trip them up as you help them to exit the building - preferably through a window.
Having a happy Xmas as per usual