Copying designs, inspiration, and theft in other businesses

Think brand theft, design/trade dress replication, an advertisement copying are hard for face painters? Check out what computer companies have to deal with and the legal decisions involved. This article addresses "How close is too close?"

http://www.fastcompany.com/1801211/how-much-can-hp-lenovo-asus-rip-off-apple-design

Bigger question - do you see design patents ever becoming applicable in the face painting world? Example: I think about Daizy Designs and how she presents her artwork. When I see another dark background/similar font - I think of Daizy even if it's not her work.

I think you're smarter than me Julie. I can't wrap my mind around that one right now!

Moving forward with the Daizy example, She's commented that someone in her area is using her way of presenting pictures to present their own - thus confusing potential clients. If she were Apple, she might be able go after them legally if she had obtained a design patent. I'm not suggesting this is something she would/should do, just using a real-world example that is applicable to us.

In New Zealand Cadbury chocolate bars actually have the right to use the shiny purple wrappers, Another chocolate company cannot use this as it could mislead people into thinking its a cadbury bar,and thus gain profit from kinda tricking people even subconsiously. I'm not sure about the photo thing , because if you took a photography course and learned these techniques you could very well end up taking pictures similar to all sorts of other artists. But I think that in the case of Daizy the lady is obviously trying to compete. It would be a complicated process to pursue that sort of copying. Interesting topic.

I was thinking about a this...I can only use an example I am a Master Pysanky Artist in addition to a multitude of other hobbies ...and some of the other artists claim certain designs...as a master artist I can not fathom how they can claim a "Poppy" design....we all do Poppy designs it is probably hundreds of years old WE didn't come up with it we just adapt it to our liking and skill level....same goes for quilting ...can one person claim a quilt block pattern? I often wonder who invented that block? or who's idea was it to start putting "poppies" on an Egg? I think in the face paint world as I see it....There are a thousand ways to do a tiger....using someone elses idea and making it your own. I cant see designs actually being able to get a copyright unless it is a whole new way to face paint that no one has ever seen. Just my opinion

But hasn't using a black backdrop for photos been a common thing for a long time? I have a black sheet of material at home that I've been considering using

Yes, clowngirl---I have heard it recommended in classes several times...

Using a black backdrop, yes. If you center the face on one side though, and then put your logo on the other side with a whimsical white font, etc... it would very closely resemble Daizy's photo/marketing style.

There's another face painter on-line who has copied my logo/website almost exactly. I brought this to her attention but she just happily pointed out that "they both look great".

I see...I should add that Daisy's photos do look awesome! I doubt I'd be able to make mine as nice and wouldn't even know how to add the font haha

First of all: Angie! I haven't seen you in ages, I've been wondering about you!

Ahha. I get what you're saying. Mimicing someone's asthetic (especially a direct competitor!) is certainly underhanded. I'm not so sure about illegal. Unless an artist registers a trademark way to distinguish their work... but that is complicated, and of questionable worth in our industry. Say Daizy (sorry Daizy for keep using you as an example!) but say she did register that style- off-center crop, white,whimsical font- as her trademark. Then it WOULD be illegal for another painter to mimic- BUT she would still have to identify and be prepared to prosecute each one who tried. That may consume more resources than protecting the trademark would create.