This morning, I logged in to find out that I have been accused of content theft and intellectual property infringement over my brand new product line of hairstyles. An established fantasy-hair designer has declared that my work is too similar to his, and that I should remove them from my store.

I do not have many hairstyles yet, as I only released my first four hairstyles (after 6 weeks of work, hand-painting textures, etc) just the other day.

However, I’m quite dismayed; the other creator chose to launch a smear campaign against me without bothering to speak with me beforehand, via posting a notice to a high-membership update group.

I am asking you to form your own opinion rather than side with one creator or another based on reputation or who is the loudest about defending themselves. Similarities are going to happen in any circumstance, as there are only so many ways you can build a ponytail, or fasten french braids to a base.

The images in this post are the other creator’s hairstyles. Please refer to the earlier blog posts about my hair, or come visit my store to reference mine. Make your own decision, and choose to patronize the artist you wish to shop from. But do not harass either of us on the other’s behalf.

I am concerned and frustrated. The hate IMs have been coming at me non-stop since this morning when it started, and I am not going to take down product that I have worked long and hard on just because someone (who I see as a potential competitor) says I have stolen his art.

CaSimone Aquitaine produced a notecard of research for me to reuse freely for a reference in regards to these accusations.

Forgive the typos, but.. this is copy/pasted as-is.

As someone who wears Creates & wears Fantasy type hair styles in 1st more then even second… and wears them out in Public.. I know a little about them…

I “knew” I had seen things similar in first life to the similarities that were thrown upon Delora as “ideas” he thinks he had invented; such as the looped pony tails, seen in animes very often such as Princess Kakyuu and then sort of introduced to mainstream thru works of Raphael Isho and his weaving styles.

In her defense here are the follow links.. which in fact perhaps served as ?is direct inspiration? mmmm??
For his styles can be debated to be more close in resemblance to those on first link here, (First Row, One to far left and one to far right) then Delora’s are to his.

http://www.lphouse.com/fantasy.htm

http://ilsevet.tripod.com/kakyuu.html

http://www.raphaelinternational.com/weaving.htm (just example of Hair loops, more can be found from Raphael Isho if one hunted)

As someone who creates hair myself.. I can confirm, that connecting a ponytail to a hair style in SL can only be done in a short number of ways, so to avoid it from cutting into the Avatars movements when they walk and sit, bend so forth.. no one can lay claim to a manner of connecting pony tails, which is shared amoung all designers.

CaSimone

My apologies for the long post. Hopefully this whole situation blows over soon.

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Comments on: "Content theft? Or libel?" (5)

  1. Thank you, Callidus, for your post on my blog.

    I am more than willing to agree that there is similarity between my styles and the styles that Tekelili has created.

    I have, no joke, been working on the styles longer than two weeks. I have people who can vouch for me, as I frequently have company while I work on my platform.

    And yes. I have purchased some of Tekelili’s hair. I’ve purchased Calla hair. I’ve purchased Sinsation hair. I’ve purchased ETD, Celestial Studios, Booperfunk, even the rasta bun from Soreal. I purchase hair because I *like* the hair. I appreciate the person’s artistry. I like the way it looks on my head. It’s not like I want to wear nothing but my own creations constantly, after all.

    You may wish to notify Tekelili that either he needs to file a dmca, or this needs to stop now, as I have already been in touch with my attorney in regards to prosecuting. Libel is an actual legal offense.

  2. Libel is an offense however, I am pretty secure in where I stand and if need be we can go to court. Especially after consulting some of my associates I am certain I stand on clear footing actually.

    Secondly as to Tek, he is not behind this as he has said his peace. Anything coming from me I am solely responsbile for. If he chooses to to file a DMCA that is his business.

    Thirdly, let me give you the benefit of the doubt and say you have been working on the styles for longer then two weeks. Cool, well the problem is that Tek’s store has been open quiet a while so you easily could have seen them. Also his work has been featured on blogs since at least March 5th.

    Have people around you while you work doesn’t really prove anything as they cannot see what you have up clientside. All it takes is an image to work off of.

    What it comes down to is their are recognizable elements from his hair design in you work. I don’t know how if got their exactly but I do not believe it was by accident. This is more then a generic ponytail, these are specific elements of design and decoration.

    Sure we all buy lots of hair but you hair doesn’t mimic all those other desingers the way it does Tek’s.

  3. Those in Tekelili’s camp will do all they can to defend the indefensible. It’s not about right or wrong in their minds. It’s about “support my friend even if he’s wrong”. Unfortunately, those are piss-poor friends that will run the other way when the going gets tough.

    A “good” friend would pull Tekelii aside and say “hey, you made a mistake, apologize publicly and kill the rumors. It’s bad PR for you and not worth it in the end.”

    The pitiful thing is they are blind to the utter foolishness in such an effort plainly visible to any and all witnesses.

    And visiting your store to ‘casually and calmly’ announce to anyone there that will listen that your hair happens to be stolen also is an obvious Tekelili coolaid drinker – and down right vindictive for no reason other than they are in Tekelili’s camp.

    So be it.

    It is plain and obvious you are taking the high ground. A respectable response. It is time people who do this kind of thing be made an example of.

    Hmmm…. perhaps the thought of starting a “Slander prosecution fund – donate here”

    Actually – that’s really not a bad idea. Hope I remember it when I come in world later.

  4. Well I think this will be my last comment here, because honestly I have made my stink.

    First thing first again Tek has no say in what I am doing. So even if he decided to ask me to keep quiet I may or may not. So in a sense bothering Tek about this is pretty useless.

    Secondly I work with law professors everyday (being a history prof myself). As I said, I have consulted my associates (them) and find myself on very solid ground. So I am not advicing or even suggesting anyone go to court but I am not afraid of doing so.

    Thirdly this is more then simply my friend is in trouble let me help. Design theft which some label as “inspriation” is theft and therefore morally wrong and bad for SL. Many hair makers in particular are suffering from it.

    I have taken the action which I find appropiate and I am not particualry concerned about others opinion of me. Not even Tek’s. As I did on my blog and I have done privately in world for the most part I have asked to people to vote with their wallet and spread the word. I have frankly been suprised how much agreement and support I have found inworld in particular.

  5. This is a basic instructional blurb on copyright.

    As an artist, a work can be copyrighted. An idea or concept cannot. The accusations being brought against me without any legal standing (or legal backing, mind you) are just that. People getting angry because my ideas and concepts are similar to the other designer. Just because my hair is also “highly decorated fantasy hair” (as I classify it) does not mean that I can be prosecuted for a violation of copyright. If that was the case, you could probably sue Disney as well, since Princess Jasmine of Disney’s “Aladdin” has a big gem sitting in the middle of her hair at the forehead, just like two of the hairstyles in question.

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