Common Craft Blog
What To Do About Copy-Cats?
By leelefever on October 16, 2008 - 11:58am
For quite a while now, we’ve been flattered to see others create videos that appear very similar to ours. In many cases, these are positive videos that are used as classroom exercises. We encourage others in the education world to create Common Craft-inspired videos. Of course, some producers have taken the idea in new directions and mediums, which we also encourage. Further, some producers choose to publicly attribute Common Craft for inspiring their work - and we deeply appreciate this kind of recognition.
However, we’re seeing a growing number of professional (and non-professional) video producers pass off the exact Common Craft Paperworks format as their own original idea. We often get email from fans pointing to these videos as “rip-offs” or “copy-cats.” We certainly see this point of view and are concerned about the potential for these videos and producers to harm our brand. However, figuring out how to react is not something we take lightly.
As a small, open-minded company, we’re looking for good and responsible ways we can protect and promote our brand without discouraging those who are inspired by our work.
Here are some examples that concern us…
- A creative company produces a video for a large company that is heavily inspired by Common Craft. The videos are presented as an original idea and format and the large company is impressed – until they discover that the video is a copy of Common Craft videos. The producers are seen as copycats.
- Video producers post Common Craft inspired videos to YouTube. Often commenters say things like “what an original format!” or “you’ve figured out a great way to present information.” These comments are evidence that others can take credit for a format we originated.
- We receive emails that say “I see that you’ve done a video for XYZ Company and I’d like you to do one for me.” The problem is that we didn’t create the video for XYZ Company. The viewer is being confused because we are tied so closely to the Paperworks format. Often, these videos don’t represent the quality of work we do and the confusion is bad for our brand.
In these cases, Common Craft's reputation is at stake. Other producers are creating videos that match almost exactly with our unique style and passing them off as their own idea, without ensuring the level of quality that people expect from our work. It unfairly lets producers take credit for originality that is not their own, and lets videos of any quality be confused with Common Craft. From our perspective, the problem isn’t copies, it’s copies without attribution.
We're not surprised, but we do recognize our challenge is encouraging video producers to do the right thing – to make clear the source of their inspiration and not be seen as a copycat. We don’t want to limit a producer’s ability to make videos and a living using any format they choose – but we think it’s better for those producers and Common Craft if everyone is clear with viewers about Common Craft’s role in the process.
Some questions:
Is this a realistic perspective? Is it fair to expect clarity via attribution?
What are the best ways to communicate our expectations, if it is fair?
What are other ways we can limit confusion without squelching the potential of those who are inspired by our work?
copy-cats
I personally think you are taking this thing too softly. I'd strongly suggest you to find a good lawyer to shut down those copy-cats. It's so nice you encourage people to do more or less you stuff for edu purpouses, just don't settle down. Thing can only get worst and worst not stopping them in time.
"Thing can only get worst
"Thing can only get worst and worst not stopping them in time."........??? spelling
You are remediation, too
Like many, I'm a big fan of your work. I think it is natural for you to arrive at this place. I would caution about being too aggressive in protecting anything but your name (Common Craft, paperworks).
You didn't invent paper prototyping or video prototypes, by any stretch. Your value is in the style and ability to present sometimes confusing concepts in simple language. That's a skill, not an intellectual property. That said, it is not an unreasonable request - any more than a "powered by wordpress" link at the bottom of a blog - to ask people clearly inspired by your efforts to note that. You won't get full compliance, but you'll probably get enough to help your situation.
If people are confusing the work of others with you, then perhaps your energies are best spent strengthening your brand to the work you have done.
Strengthen the brand! Grow!
"If people are confusing the work of others with you, then perhaps your energies are best spent strengthening your brand to the work you have done."
This is probably the best advice, however it will mean you'll have to become a bigger company. Maybe open branches since your work is probably best done close to the client. When I saw your videos, I loved them and immediately wondered how I could do the same, mainly for my employer (internal distribution). Unfortunately for me, I can't draw, have a terrible VO voice and failed paper-cutting in primary school.
Fact of Life, Unfortunately
Unfortunately, the history of music, painting, and other kinds of art is full off copycats who became more famous than the original.
I'd have to agree with Kevin that paperworks is a great idea, but was preceded by Sunday school flannelgraph stories and even South Park (which started on paper, I think).
The value you provide is the quality of the content, the understanding you bring to people, and the creativity of the product.
Copy cat videos
You have great work here, and are really good at stripping down complex ideas into a simple, easy to understand format. I regularly share these videos, sending people to your site or to them on YouTube, to help explain things like wikis and social bookmarking, especially to teachers at our local elementary school, as they try to get a grip on using things like wikis with kids.
In a very strict sense, you've developed a great presentation format, and imitation is the sincerest form of flattery. But not every hack paper presentation will always diminish your brand, any more than generic cola diminishes Coca-cola company- some people may think they are the same, but there's nothing like the quality of the original. So I think your business is safe from the quality argument alone.
I am not sure you have anything to copyright or trademark here per se- anyone should be able to use a white board and personal drawings to present something, just like everyone beyond DC Comics can draw comics without infringing on the idea of communicating stories through drawings called a comic book (otherwise, we could never have graphic novels, I guess, or Roy Lichtenstein, for that matter).
I would ask for attribution; no attribution and blatant misuse should be dealt with, no doubt. But inartful copycats- well, I wish my kid's teachers presented half the subjects in school with your clarity with the materials they have at hand. Maybe there's money to be made in a book or series of presentations entitled- "Clarity of Presentation- Teach Anything the CommonCraft way" That would be a viral hit for sure.
pursing copy cats
Other than copying or using your name and the actual work you produced, no one is copying you. You can't own a genre or style. This concern comes off as arrogant and disrespectful of all the genres before you that you "borrowed" to formulate your own style.
Patent
I was you get a patient for an idea just like a physical product. Unfortunately, I am just like clothing designers and their new ideas for clothing styles you are not allowed to patent a idea in this type of category. You would think if Paris Hilton could patent the phrase "that's hott" then you could patent an idea for a video. Keep you head up Lee all the major companies out there knows who the pros are.
Im not sure what you mean by
Im not sure what you mean by all this. Ive seen this style as a teaching tool used back when I was in school in the late 80s, early 90s. How long has Common Craft been around? Do you also consider people who create music from a particular music genre a "copycat" of one of the original group/person that started the genre? Or say a painter "copycats" a certain style of painting? These are art forms and I consider the style of teaching that Common Craft a style of teaching.
I agree with...
I agree most with Whitney Hoffman's comment above.
You, unfortunately, can only copyright and legally enforce your brand. Nothing more. You cannot copyright the form an idea takes and that is the heart of the matter. The idea that you could somehow protect your format is simply foolish. It ain't gonna happen. So, almost everything you do is fair game. You can certainly request that others reference you to be fair, but let's face it - there are plenty of people that aren't all going to be fair.
If I were you, I'd save my money from the lawyer who won't really be able to help you on any legal grounds. You could do the Microsoft and NFL thing and try to bully copycats into submission, but with no true legal ground that's probably not who you are and would harm your brand name not to mention spread a lot of bad will. Instead, spend your money on differentiating your services somehow. You should be able to find some kind of happy medium where your business is still profitable into the foreseeable future even with a few copycats meowing about.
Under very few circumstances would I EVER release any kind of documentation that explained the process you use to get a complex subject down to size. That is the stuff of trade secrets and is what really sets you apart from the average joe rather than the format you use. Now, read that last sentence again. (I'm serious.)
If you want to go out of business, then by all means make that trade secret video. And send me a copy. ;)
Stealing Intellectual Property
You've received some great advice from folks already and I, too, would caution you against squandering $ on attorneys. Intellectual property is extraordinarily difficult to establish. Your work is smart, delightful, and makes a great contribution to the world of educational/training resources. Just keep doing what you're doing as well as you do it. and consider pursuing Ms. Hoffman's idea of teaching about teaching the Common Craft way.
I Thought of The and the UPS Commercials
I looked at the UPS commercials. Tthey are the ones done on whiteboard with a small bit of animation. Stylistically they remind me of Common Craft's work. But the execution is different.
This is the dual joy and pain of modern innovation. You make something and not only do people like it but they copy it, re-engineer it and for some take it to another level.
It is a challenge and a opportunity for you. How will you advance and expand your signature brand? What can you do to have no question that this is a Common Craft video and not a rip off?
Even with paper is there more than one way to tell the story or explain the idea. I can't advise you on the legal stuff but I do know that an idea cannot be contained if it is shared. Good ideas romp all over the place.
There is a positive side to this and it could be profitable to find it.
And this is Why I Need My Blankey
It should read I thought of this and the UPS commercials.
Some day I'll get to stay awake past 9:30pm. I have to wake at 4:30am
Inspiration is hard to stop
I think it's the old problem. People see or hear an idea that they like (and are inspired) and after some time they somehow forget that originally it wasn't their idea but yours. Or they think they can do better or different and also forget where the inspiration came from. Nothing can be done about that I guess.
The examples that you describe simply reflect the current attitude in many peoples business lifes. They try to take every advantage thats possible and forget about morale or ethics :-( Again: Nothing to be done against that...
I am also very impressed and inspired by your work and I must confess that I myself thought about doing something similar. Although I would only do it in close collaboration with you and your consent. As a german speaking european my main motivation would be to have your great videos in "plain german"
Maybe that also motivates some copy cats - that they are missing something and just start doing it themselves.
Keep up the great work!!
"Similar" is Just Fine
Thanks for the thoughtful feedback folks,
I'll have more to say soon, but I quickly want to relate that I didn't mean to imply that we are concerned about video producers who are in the same "genre" or even have a similar style.
Our *only* focus in this post is producers who have made a concerted effort to copy our exact style - right down to sentence structure, format, images, storyline, titles etc. and pass it off as an original idea. And even in these cases - we're not concerned about any sort of legal issues. We're just looking for a path that prevents confusion and enables everyone to benefit. Attribution seems to be a reasonable way to handle this and wanted your feedback and suggestions.
One last note - I want to be clear that, if anything, we're encouraged and excited by the producers who have recently started making similar videos. We've talked to a number of them and we see ways for us all to benefit from the growing market for video explanations.
Please do continue to share your thoughts.
When demand exceeds ability to take it all on
I think the way you're handling things is fine. I recently requested you guys put together a video for me on www.updatelane.com or refer me to someone who could. Sachi responded saying that you two were compiling a list of producers to refer all of us out here that need a CommonCraft explanation. I'd be more concerned with your list of producers whenever that may get finished to make sure they do a great job.
In the interim, I'm glad you don't mind copycats. My business is a new approach for the all those with their homes on the market, all those that sell property, and all those that rely on referrals out of the real estate agents/brokers. And, it definitely needs an explanation in plain in English. So, if you guys can't do the video (and I understand, no hurt feelings), I need to figure out a way to get it done. Knowing now how you feel about copycats, I'm happy to include an "inspired by CommonCraft" in the video when I do get it done. At the same time, I'd still really like to see that list of producers Sachi mentioned.
Cheers,
Dan
The issue is that you have
The issue is that you have no way of proving intent. Similar presentation styles, as others have mentioned, have existed for a long time. I don't doubt that some people are consciously ripping you off, but it's tough to draw a line somewhere and tougher to prove that someone's intentionally crossed it.
If you're worried about your brand being devalued when people confuse other work for yours, just make sure all of your work is appropriately labeled. If there's no label, it's not yours. Easy enough.
If your more worried about losing work to copycat competitors, don't be. You guys are valuable for your ability to explain things clearly, not for your ability to cut paper and draw on a whiteboard. Your work will consistently stand above uninspired copycats.
Seems like a goog kind of problem to have
Lee, you created a very simple and clever format. The key is the simplicity, and as you said in aprevious post "the secret sauce is in the script". Your simple look and feel can be imitatet. You have even published behind the scenes posts giving your methodology away. But what can be copied is your hability to create clever scripts. So focuss on that... eventually imitators are recognices as what they are.
And soon the glass is full...
First of all let me say that I discovered your videos from the start and I have found an immense value in sending links to people when I wanted them to understand the concept of subjects you've been presenting. I am impressed and I consider your work one of the really good things that has been made available to us all thanks to the Internet.
However, the idea in itself has limitations. If you make a video of a thousand different things I would get bored at the format. Freshness gets worn. So this is probably only one of the things that will put bread on your table for a few years of your life. You can expand it by teaching about the teaching, and that might be a good idea.
There are more ways to expand. Your format so far is to present new and unknown things that are part of the buzz. Take Twitter as an example. Now I know what it is. But I still don't grasp what good it is for. (The same is true for all new things for different people.) That would need an explanation that many bloggers now try to deliver, but might benefit from a new presentational format. Probably a bit different from the one you use now.
Another thing to concider is to make translations. Alex has already tried in Germany. Why not use a German voice on your video. I am sure Alex would like to help. Please feel free to contact me for a Swedish translation/reading. That might give you sales, and build the quality brand, in more countries with little extra effort.
(I've been very frustrated that my moral stops me from making a few copycat videos in Swedish - I really like your work! :-)
One thing we all can do is to make comments on YouTube (and other sites) when we see that someone is wrongfully credited for the original idea. That can be done in a nice and not provoking way.
Last: I really appreciate you raising this discussion. It is vital for us all to find new definitions for "fair use" in the brave new sharing world. I really want you to have bread on your table.
/chris
As a small business owner
As a small business owner and retired corporate executive, I have found when you are treading in areas involving legal matters or getting clarification on legal matters it is best to consult with an attorney. It has been experience and observation that sometimes attempts to deal with a legal issue without the proper input ends up with a situation that the costs to resolve the issue costs more than what one would have spent to consult with or have the work done by attorney.
There are some attorneys that will offer a free initial consultation and that might be a route for you.
By your questions, you obviously are trying to take the high road on this issue and it could be too high of a road.
Your work is very informative and it seems like everyone agrees that copying is a form of flattery.
Nice and measured
You have correctly identified this as a case of "imitation is the highest form of flattery" (hmmm who said THAT first?). I like your measured perspective and I think that you are correct to emphasize the ethics of attribution. It's very important for creative people like yourselves to have confidence that their first great idea is not their last great idea - and to put their energies into building on their strengths! That's where your long-term leadership is needed and that's where respect will continue to grow... that too is where you'll be remembered. You are not so hidden that anyone with just a little bit of due diligence cannot find you! Just keep up the good work and thank you for the explanations and the inspirations.
Open Minded to the Point of Obscurity
If you're idea is original, it can be legally proven so and you are making your living off of this same idea, then people who copy it are stealing from you.
Openness and sharing are good to a point...the point at which people using your idea, format -- whatever (that can be legally proven to be yours) take it as their own -in any manner- subsequently taking real or potential revenue away from you. They are ultimately screwing with your brand. After a while, common craft could cease to be relevant.
Review it with your attorneys and if you have a case, issue some cease and desist letters. Most of the trouble will probably go away and your family will be able to put food on the table and a roof over your heads guilt free.
Don't make yourself a victim.
Be the teacher (thought leader)
First, be aware that the way you deal with this problem can do more damage to your brand that the problem itself.
The goal of my post is to help you find a way of dealing with the problem that enhances your brand and reputation, instead of damaging them.
The legal option usually damages your reputation, even if you win the case, which might not happen, as other commenters made clear.
One option I see for you is to embrace these copy-cats as I embrace my students (I'm a college prof.). Teach them. Thank them for flattering you by imitating, kindly give them feedback and tips. Keep writing on your blog about explaining complex ideas simply (I can suggest some readings you can write about and recommend to others). Work with them, but position yourself as the kind, helpful, generous LEADER. By engaging with them, your comments will appear alongside your work, and people will be reminded that when it comes to this genre of explanations, you are the leader.
E-mail me if you have questions or would like information about those readings.
New video idea?
Perhaps a new video is needed: "Copyright Infringement in Plain English"
But seriously...I noticed that you don't keep your brand present on the video throughout...much like YouTube does on all videos viewed from their site. It might be worth your while to place the commoncraft logo as a permanent fixture on the bottom left corner of your videos (since the YouTube logo is bottom right). At the very least, you could make it difficult for others to pass off your vids as their own.
I agree with most above
I think building your brand through quality and attitude may be your most powerful approach imho. And in the digital age where production and distribution are no longer barriers to entry, perhaps a more important approach than ever?
I keep thinking of musicians, film directors, actors... they build their body of work and their brand over time for good or bad. Bonnie Raitt is just a blues singer. Martin Scorsese is just an indie film director. Tom Hanks is just a sitcom actor. But we know when they're being copied now because of the body of their quality work.
It's a great question Lee! Thanks for opening the discussion.
Copy Cats Are A Complement... for a most part...
Take these copy cats as a complement! Your are doing great work and you need to know that. However, that being said the copy cats can/will pollute your Common Craft brand. Here are my thoughts on your questions.
Is this a realistic perspective? – Yes/No, you don’t own the paper motion style of videos, Common Craft was simply (it probably wasn’t that simple) the first company to effectively brand themselves by that style of production. You use quality and clarity throughout your videos which made them unique. You own paper motion in a sense that only your company can use it, but you own it in a sense that your company has been the best at it.
Is it fair to expect clarity via attribution? – I’m not 100% clear on the laws in Seattle, but unless you have Trademarks (symbols), Patents (inventions) or Copyrights (exclusive rights) for this “genre” of paper motion producing you can’t expect attribution; especially since there have been people before you that have used the style of telling a story with paper. (I liked how Geoffrey said in an earlier post “…paperworks is a great idea, but was preceded by Sunday school flannelgraph stories...”
What are the best ways to communicate our expectations, if it is fair? – Clearly state your terms and condition as well as continue to brand your videos to reflect your Common Craft brand.
What are other ways we can limit confusion without squelching the potential of those who are inspired by our work? – Place your logo with you video (discretely) in a way that all of you videos have it, or at least all of you videos that are free to share.
The Video Brand "Bug"
Yep, the video "Bug" in the lower right hand corner is definitely an accepted way to confirm authenticity and to re-emphasize the brand. That's what all the networks have been doing for years in response to TIVO...
Re: Strenthening Your Brand
I'm a big fan of your work and have been for a year or so. I think you might want to do a biographical video titled something like this: The Common Craft Videos - How it All Began. Then, show how and when and with what motivation you started your body of work. And edit together some of your earliest stuff (with publication date clearly noted) and show its evolution. In this way, it will be clear how your claim on this unique approach was born, evolved, and has inspired copy cats.
Also, I'm wondering if you could TradeMark the phrase "in Plain English" or "paperworks" or a similar unique-to-Common Craft term when used in the video context. Might be worth checking out... but not spending a ton of energy on.
Finally, Lee, what can't be copied is the little explosion of genius that happens when your mind consumes (in large gulps) complex content and finds essences, then displays these essences in "just enough" narrated graphics. I'm willing to bet that a biographical Common Craft video full of these self-evidently brilliant leaps and reductions would quietly prove to anyone how your competitors are truly mere copy cats!
Keep the faith!
Publishers like the "for
Publishers like the "for Dummies" book series, trademark and hire lawyer trolls that sue in order to protect it. Unless your willing to go that route, your probably best off focusing on quality content and your brand along with brand distribution. Policing the copy-cats won't be an easy or cheap task.
The Common Craft brand and logo as well as the "in Plain English" and paperwork style videos are what I associate with your brand. Requiring Creative Commons attribution by way of enforcing your trademarks would be one way to go. Makes it relatively easy for copycats to then comply. It comes down to how willing you are to dedicate resources to policing when they don't.
Anything i... equals Apple, Anything Paperworks = Common Craft
Cisco was the first to use the iphone name, but Apple pressed ahead because everything starting with "i" is going to be automatically associated with Apple, i.e. iMac, iPod, iPhone, etc. Apple apparently, had a case.
I believe the same situation exists in this matter. Whether you call it your intellectual property, original idea or brand, you have a case. I'm no legal expert, I'm just a little old Texas school teacher who promotes Common Craft Videos to my students and peers whenever I get the chance.
Read between the lines. So what if it costs a few bucks to consider obtaining legal rights to the Paper Works Format, I'd be willing to contribute toward legal fees. I'm sure I'm not the only one.
I know how it feels to have your idea ripped off. I created 2,000+ T-Shirts about 10-15 years ago with an acronym I coined: FAMILY which stood for Father And Mother I Love You. After about six months some one sent me a picture of a copy-cat shirt and poster from Virginia Beach. They also forwarded me a link to purchase their shirts. Fortunately, I contacted the seller and expressed my disapproval and they removed the shirts from their site and sent me a check. I do not hold any normally obtained legal rights to the acronym, but I know how it feels to ripped off and am willing to be the first one of thousands who believes in and is willing to contribute toward protecting the Common Craft name.
Where do you want to focus your efforts?
You have a very recognizable style and that's a credit to your talents.
I'd make a "rip off list" for fun, just so you have a tally of how many you spot
make it user generated so we can all submit the ones that we've seen
--------------------------------------------
I've started the thread here :)
http://ixld.com/blogs/francois/2008/10/16/page-volume-increase/695
--------------------------------------------
I think you should think long and hard about what you want to pursue with your time
Legal action can be exhaustive and unless you have deep pockets or have proof
of people making MASSIVE profits with your ideas that you KNOW you'll get a big piece of
(and even then... do you really want the years of drawn out crap of a law suit?)
In the end, trademarks and patents need to be protected and unless you have the money
and more importantly the staff (you don't want the headach - that's what a Jr at a law firm is for
chasing these thing down for you) ...
You probably would be better off focusing your energy on producing more AWESOME content.
You guys are so positive and apple pie, don't waste your time on negative shit
Chalk it up to flattering and let the loosers with no creativity rip you off...
They'll never own it like you do and you'll have the history and the web footprint to back it up
where they won't.
My 2 cents... hope it helps.
Riel Roussopoulos
CEO
iXLd Media Inc.
Ooops - bad link
Sorry...
Link above should have been:
http://strataxl.com/blogs/internet_marketing/2008/9/02/google-docs-expla...
That's where I report my first obvious common craft ripoff.
Riel
Copycats
You have every right to be concerned but I'm not sure the best way to handle it. As you become aware of copycats who do not attribute your influence you might contact them with gentle but legally binding (if that is possible) reminder about copycat laws. If they continue you might want to seek a legal remedy. I know my answer is vague since I am a novice at this kind of thing and don't know all the legal angles.
On a personal note, I am a high school librarian and I am working on a commercial for an Information Literacy class that the English teachers will show to their students. It is nowhere near the level of your great work (since I can't draw and had to use PowerPoint and screen captrue software to move my shots along.) but I will have you listed in the credits because of your inspiration. I will also point out that your product is much better.
Thanks for the inspiration.
Copy Cats
Try Judo.
Now you have a strong unique brand. Try building a community with the tag line - inspired by Common Craft.
Build a community where people acknowledge the source, and it grows your brand, and shows them to be companies of integrity. Then when we go to the market place to get a CC video, you and they quote and compete. They and you will be competing on an honest level playing field: Availability, Price, Delivery and your secret spice vs their secret spice.
I have often played with the idea of doing a CC video, if just for fun, but it is HARD thinking, finicky execution and LOTS of trial and error (and that's is from someone who has not done it!). You and partner have the secret spice - protect it, use it compete with it.
When you start to loose ground or the rates are not competitive, and one day that will happen - do what you have done Innovate! You've done it once, you can do it again, you are an innovative thought leader.
"Inspired by Common Craft"
Tony
Common Craft Community
Congratulations Lee and Sachi! You have opened a tremenduous opportunity space. You've just added a new business.
Common Craft has the unique and one time potential to create and steward a platform for a thriving community that explains complex things using short and simple videos.
However, growing a community on your platform is not your core business. Explaining complex things in short and simple videos is. Take some time to reconsider this. Find ways to do both.
Make it open source, everything. Take Java, Linux, and Wikipedia as example. Design an appropriate CC+ license. Establish core values, organizational and operational principles. Make it attractive for others to join and comply. Create a marketplace. This can be helped by creating a logo that signifies the customer value of products in this new marketplace. Attach a compatibility requirement to license the logo. Charge a fee to pay for developing and using the logo (and building its value in the marketplace) and for any other development costs you need to bear. Take the Jini Community Pattern Language (see below) as a base, refresh and adapt it to match your needs.
Seems like demand for your videos is larger that you can handle. Sounds like an interesting business opportunity to me. Fan out work to others in the community so demand can be met, adhereing to the community quality standards. This helps exponentially grow your spark.
Make Common Craft the one and only genuine brand.
Inspired by your great work I too am in the proces, just like my German neighbour, of starting “in gewoon Nederlands” (in plain Dutch). I'd love to create localized and translated videos, as well as original work, based on Common Craft's work.
I'd love to work with you to help unfold this international community and platform.
The whole is much much greater than the sum of its parts.
Succes en plezier,
Martien.
Inspirational tips:
CC+: http://wiki.creativecommons.org/Ccplus
Jini Community Pattern Language: http://www.dreamsongs.com/Files/JiniCommunityPL.pdf
New Rules for the New Economy: http://kk.org/newrules/
Oh, don't spend money on laywers. Invest it in growing your platform instead. Yeah!
Dangerous Waterhole
Coulnd't resist to share this pattern from the Jini Community Pattern Language:
Context: You are trying to create a new economy.
Problem: Competitors don't drink simultaneously for fear of attack.
Force: Competitors don't trust each other.
Force: There are no compelling reasons for the unformed marketplace to be able to be created nor for the result to have any value.
Force: You need competitors both to demonstrate the existence and value of the potential marketplace and to fan out in a competition net to find the sweet spots. That is, you need natural selection to work for you.
Therefore: Start to build the market with a brand. Associate the brand with quality or compatibility. Give away key knowledge, information and experiences to a community made up of competitors. Charge a fee for the logo to fund further development of that economy. Make a Safe Place to Share. Recognize that competitors have secrets and want to protect them, but are willing to share secrets for a larger return. Know that competitors are predators and protect the marketplace from sabotage.
"Inspired by CommonCraft"
I would like to add my support for two ideas mentioned earlier... Having an "Inspired by CommonCraft" logo that people could use, and teaching the method in some fashion.
Thanks for what you do!
Community is the answer
My offer is still open, here is my email from back in May '08 when we met. :)
"On a sidenote, if there is a chance that TuneyFish and Common Craft could form a partnership I think we could both really benefit from it. Here is a concept. Since TuneyFish is a platform dedicated to sharing skills and Common Craft is a business in helping people understand, this is a perfect opportunity to become a destination site for people to easily pickup / understand some useful skills"
I think of Common Craft as a language in which others are just beginning to learn how to speak.
However, it may be an overwhelming task to try and lead a community if that is not what you enjoy doing with your time. It could be setup as invite only to form the structure needed to protect the Common Craft brand.
Lets go grab a pizza at Mio Posto and chat.
Scott
Positive help from fans
We as CC fans should help a bit.
Part of the issue is that you can't be everywhere on the the Internet, but the chances are increased with help from the fans. If fans spot fakes, then the least they can do is to add an attribution comment.
This won't stop the fake, but it would at least help to spread the word about CC.
After all, isn't community all about helping and spreading the word?
Copy Cat here? Little Ole Me?
I'm a small businessman with a new brand and concept needing introduction to the world. This straight Paper Craft approach is a perfect way to initiate this unknown concept. I'll use the video in commerce.
I may actually produce this video this myself, but would rather pay for its production. Your not for hire, so what’s a guy to do?
If I credit your company with “inspired by Paper Craft”, the world may think my original idea came from you. I would need to word it carefully. At that point, I would be advertising your brand for free. This is a screwed up situation, and I don’t want to feel guilty when I produce it myself; using my own camera, own style, own voice, own original ideas, own hand written skills, and personality.
Would this make me a copycat?
Best regards,
BDW
tnx
Make Common Craft the one and only genuine brand.
One possible solution
When you stated, "Our *only* focus in this post is producers who have made a concerted effort to copy our exact style - right down to sentence structure, format, images, storyline, titles etc. and pass it off as an original idea." it struck me that perhaps rather than hiring a lawyer to actually go after individually all of those who are violating copyright, you might actually pursue this with just one of the violators. Then you could use that as an example to gently convince a large percentage of the others give credit where credit is due. If, as you say, attribution is the main goal, this may be a way to get much more often.
Copycats force you to keep your competitive edge
Ultimately, you're always going to have copycats, which is just the way it works.
What makes you unique isn't the video but the simple and clear explanations. As someone else stated, that's not easily replicated. In addition, the video style's impact diminishes as it becomes less fresh. Kind of like Seth Godin's purple cow idea.
Some ideas that might help:
I like the idea of a "inspired by common craft" logo. Not all would use it and like someone mentioned it does diminish the other brand. However, there are thousands of others who would and that's that many more references online to your brand.
Trademark the "In plain English" If you can't then that means you stole it from someone else. :)
Start a Common Craft community to inspire more of your type of work. Teach people how to do what you do.
Shame those cheaters! When people post obvious rip offs, go to their sites and forums and blast them as ripoffs. The nice thing about search engines is that all of that stuff is preserved.
Send a cease and desist letter to fakers. My guess is that will scare off a lot of them. Since some of those who are blatant thieves are stealing potential business from you (I've seen some that are almost exact duplicates of your work) I'd send a cease and desist letter to the companies that are using their product.
The balance is trying to protect what you do without coming off as a moron. Perhaps you should do a "dealing with cheats in plain English" video that could be both humorous and make the point.
What to do... How about "(i) inspired by commoncraft.com" ?
Dear Lee and Sachi, dear commoncraft and commentators,
I think these are valid concerns and useful suggestions.
Got me thinking - as always, something can be done about it.
Are we making it easy to do the right thing?
How can we make it easier to acknowledge a source of inspiration, to say Thank You ?
How about a symbol? I made one and put it on my blog today.
If you like it, spread it, make a video about "copyright, creative commons, and inspired by".
If you do not like it, ignore.
You all inspired me today, so here it is
(i) inspired by commoncraft.com
Copyright (C) 2008 by CoCreatr - (CC-BY-ND)
Sharing appreciated
Re: copy-cats
I'm in agreement with the people who feel you should gracefully ask for an attribution but there is no need to be ill-natured about it. Ill-nature, in my view, would damage your reputation--because your videos have a good-natured charm, as well as clarity, that makes them so attractive.
In a matter like this, I think we have to let people's own sense of ethics guide them. And if they are dishonest, it's themselves they are hurting as well as you. -- Perhaps you could say something like, "If you like what you see and are inspired by it to create a video of your own, please acknowledge us as your source." You could give a clip of code for them to include that links back to your site.
It's true, there is no legal means to stop copy-cats. Of course if your video is bodily ripped off, and there is a real copyright infringement, it would be so expensive to initiate legal action there likely would be no "plus" side to it either. It also might taint the atmosphere of generosity that you carry. I think people respect your generosity in making known very understandable explanations of puzzling things. I know I do.
And the fact that there are imitators shows how valuable your technique and style are. When their results are not as artistically and scientifically delightful as yours, they make you stand out more by comparison.
what is and isn't ok
if they do a new website explanation that is original, then that is not copycat. if they do an explanation repeating your words verbatim, then this could be a problem.. copyright does not protect ideas (i.e. you using pictures to explain things) but it does protect expression "e.g. you putting a picture of a man connected with email up with you saying "twitter is blah blah blah". besides, the idea of using stills and video - in this case cut outs, but in others, you see someone actually creating the drawing sped up is is something you have yourselves borrowed/combined/adapted knowingly or unknowingly from the universe out there.
For a Novel
I was planning on doing one for a novel or two and maybe even for an author. Not sure if this would be OK with the whole copy cat thing. Also, since it is kind of a on line commercial in a sense, I was wondering if that is OK. However, it seems like you are OK with it, so long as I give attribution in the form of... Inspired by the works of the Common Craft Show or something of that nature...
What would really be great is if you guys came up with some sort of logo, a form to fill out, etc to make is easier to make sure everything is A-OK.
I tried to post this on your blogs comment page but it kept telling me it was spam for some reason. Well, anyway... I would love to know if this is OK to do? Hell, if it come out good, I would be more than happy to make ones up for some of your clients.
Look forward to hearing from you,
Maurice Jordan
West Hollywood, CA 90046