David and Goliath
Life • Make • April 7th, 2009So you are an independent designer/artisan who’s perfected her craft over several years. You’ve documented your creative process through your blog and online photos, and have been blessed with achieving a lot of recognition for your beautiful handmade products. And one day you realize that a large company has “borrowed” one of your original designs, mass–produced it in China, and is currently selling it all over the world, wrapped up in packaging fully decorated with your design. Your name and brand nowhere at sight. The money, all in their pockets.
Sounds like my personal nightmare, huh?…And it’s sad to think that it could actually happen to me, one day… when I come up with an idea so original, that the evil minds of the world won’t be able to resist copying. But you can probably tell where I’m going… This nightmare is actually happening right now to somebody; her name is Rosa Pomar. And the evil Goliath who stole and mass–produced her original product is Oilily. And right now, she’s probably figuring out how expensive it will be for her to fight this fight. And she’s getting tons of moral support from the Internet, and also a cast of doubt over her originality, as many of those who learn about the story start to wonder who copied who.
But despite the blood boiling in my veins as soon as I learned this story, before I started writing this one I stopped and did my research. I found the Oilily doll that the doubters claim “may have inspired” Rosa’s. And it’s a load of crap. And although it is true that no idea in this world is totally new, that both Rosa and Oilily may have drawn inspiration from similar sources, that their products have had those flowered eyes in common for a long time, it is Oilily, who suddenly came up with a new product suspiciously looking like a bad copy of Rosa’s. From stereotypical bunny, the new Oilily doll jumped to resemble a Pomarish creature. Out of a sudden. And they’re profiting at her expense, brushing her off while they “investigate the situation”.
I really hope that this ends up well for Ms. Pomar. I suspect that her fight won’t be an easy one. It will be expensive for an individual to sue a company in a different country. And if writing this helps her in any way, if it supports the boycott against Oilily until they cease commercializing her design and compensate her for what she deserves, then I’ll do the little I can. It’s what I wish others did for me if I was on those tight shoes.
I know some people out there have different opinions about copyright and the public domain. I’ll just say this: Most people who create things are super generous when they’re asked to share their ideas. More so if they’re offered a fair compensation. But that’s the thing: You have to ask first. And Ms. Pomar has been asked before, and it has gone beautifully for all involved. But what Oilily is doing right now is just wrong, and somebody needs to stop them.
