Hey There, Copycat!

As artists working alone with no superiors, no colleagues, no marketing managers, HR or legal support, we have no guidance in how to run a business. If we want our work to be seen and promoted, we have to do it ourselves, and that means using a website and social media. We upload our images and post them on Facebook, Pinterest, Instagram and so on, where our artwork can be seen and appreciated by potential buyers, and can be a source of inspiration to other artists. But on the flip side, our original creations can be seen and copied by any designer who is just looking for a shortcut. Once on the Internet, there is no controlling how our images are used. Copyright laws are complicated, and proving that a design was stolen isn’t easy.

I will say right up front that there are ethical companies (such as home furnishings supplier, Global Views) that are working in partnership with artists and designers to sell reproductions of designs that the artist cannot mass produce or promote without assistance. These companies give full credit to the artist and financial compensation through royalties. It’s a win-win situation for both parties. But that’s a discussion for another time.

I have discovered copies of my designs a few times now via Pinterest or Google Lens. It’s important to note that many artists with a similar aesthetic have made vases and sculptures that bear some resemblance to mine, sometimes quite a bit, but rarely do I see something I feel certain was modeled after one of my own pieces. When I have, the culprit has always been a wholesale company, not an individual artist. These companies are usually foreign, typically Chinese, and hard to track down. They often sell their wares at discount prices through Amazon, Temu, Shein and other online venues that offer little oversight.

For example, I once discovered a company called “JSPYFITS” had clearly copied my design of a vase, and was selling cheap knockoffs on Amazon. The similarity was unmistakable, from the distinctive lip of the vase to the shape, the swirl and the texture. Other than the fact that their form was crudely constructed, the main difference was that theirs had a glossy glaze (in white, pink or blue!) and mine had no glaze at all. I filed a copyright complaint with Amazon, and was surprised to see that their product was promptly removed from the site. However, my celebration of success didn’t last long, because the company soon filed an appeal. The statement produced by JSPYFITS was ludicrous, but it did the trick.

      Some quotes from their appeal:

“This is JSPYFITS. For the copyright infringement issue, we need to explain. We did not infringe on others' copyright. To better resolve our issue, we provides the proofs that we did not infringe on others copyright.”

“ We re-emphasize that the detail pages, including the photos, are our own original creations. We can prove our innocence. We firmly resist any infringement. Hope you can make a fair judgment for us.”

“ We optimized the products produced by the supplier, with different package and different shape ,color ,size and material, and more orders were supported by the supplier. And the price is lower than complainant, our sale which is undoubtedly very friendly to buyers, but our product quality and order volume have been envied by the hateful complainant.”

“About the product shape and material. Our appearance is just similar not exactly the same. The material we manufacture is also completely different thus the appearance is also inconsistent. There are detailed descriptions of the product's functions, usage scenarios, dimensions, precautions, and packaging contents, whereas the link provided by the owner of the complaint only has a simple picture and does not contain any detailed descriptions of the product. You can carefully observe the title and five points description of our products. And the complainant's completely irrelevant. He just took a random image and generated a fake link to make up a false claim that we have infringed their intellectual property rights. It's very unconvincing. “

Images below: "Pampas Flower Vase"

 “Pampas Flower Vase is rare and unique. combining the streamlined design concept with traditional Chinese ceramic culture, reflecting the perfect fusion of modernity and tradition, and has a strong sense of time.”

“Our pearl glaze electroplated vases are a limited edition product, making them a unique and exclusive addition to your collection.”