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Kirsten So. Cal.
Posts: 302
Website

Okay.. Here's a dilemna which borders on bear ethics. :/

I created a bear, but I used a lot of ideas from someone else's pattern for the head. The rest is mine, which I adjusted from my normal pattern to fit this size head and style... The head pattern itself I adjusted in the process, giving it more my defined muzzle, but the ears are inserted and essentially designed from this other pattern. Anyone recognize the ear style? Its from Ted Menten's book. I wanted to try sewing the ears in first with the machine. I liked the outcome so much I finished the bear.

willie2.jpg

Now here's the problem.. Can I sell it? Its not HIS pattern, but I can't say its all my design....
I know I can't claim it as my own design, but can I sell it? Can I sell it as an "artist Bear" not claiming it as my bear... Not working during the summer, I'd love to have the $$ but I'd really hate to be dishonest....

You ladies are so straight forward, what do you think... I could just give it away to my friend. bear_rolleyes

Delartful Bears Delartful Bears
Australia
Posts: 3,518

Oooh that is a tough one.  I don't know what to suggest.. SOunds like it's nearly your pattern????  I don't know!

I just wanted to comment on the bear, it is sooo cute! I love the mohair!
Well done, and good luck!  I am sure people who have been around the traps longer than I have will have some idea of what to do!

Danni

Eileen Baird'sBears
Toronto
Posts: 3,873

I know much less than Danni, but

I think we need some expert advice on the distinction between "learning from" and
"reproducing" the work of others.

I made my first bear pattern from a sculpted clay model I also made, to be sure that the design was 'original'. Even so, I've got to say that many of the pattern pieces looked exactly like other people's.

Some of my books recommend taking someone else's pattern and changing the parts to find your own design. It's a way to learn bear design, but the Pros just seem to sketch from memory/wisdom/instinct.

While we're waiting for some expert opinion to rise and shine. . . you designed  or redesigned everything but the ears, right? Lots of people love those Ted Menten ears. Could you state in your auction that this is Kirsten's bear with Ted Menten ears?

Eileen

Sandra Mayer Posts: 6

Ted Menten has started a lot of great bear artists on their way.  I'm sure the ease of sewing the ears in was not lost on anyone, therefore, I'm sure there are a ton of bears running around with their ears sewn in.  If he didn't want anyone to use that technique, he wouldn't have taught it. 
Your bear is adorable!

Eileen Baird'sBears
Toronto
Posts: 3,873

Sandy's right. :D

A quick tour of eBay will show lots of those ears placed on the side. It seems to me that seaming ears is an old technique, and I doubt that TM was the first to think of it. As a matter of fact, lots of manufactured bears are made this way.

Eileen

Kirsten So. Cal.
Posts: 302
Website

See I referred to the pattern to see how ears worked. I even had to draw out his pattern, cut it out to visualize how those sewn in ears worked... But then I didn't like the side face pieces so I changed the head to be larger version of mine, but with the inset ears, and then the ears were too big and had to be cut down... and now I have a bear I like (a lot) but I know its not all me...

Maybe be I can give credit to Ted for the idea of the ears... hmmmmm bear_noexpression

doodlebears Doodlebears
UK
Posts: 7,414

doodlebears Celebration Ambassador

I have a free to use for whatever purpose pattern and it has set in ears. Don't worry about it Kirsten. As Eileen said a lot of manufactured bears were and still are made that way. I made a couple of bears using this idea and I sold both of them. The bear is really cute Kirsten and boy what a great bow he is wearing. I can sew bears gollies etc, but I can't tie a bow to look as goods as yours.

Jane

SueAnn Past Time Bears
Double Oak, Texas
Posts: 21,683

SueAnn Help Advisor, Banner Sponsor

Kirsten, the bear is absolutely adorable!!!  My feeling is that the design is, in general, YOURS and that the ear placement came as a result of an idea from Ted's book.  There are a gazillion bear "how to" books out there with SO MANY tips, techniques, and ideas on bear making that I suspect a lot of legitimate professionals have been influenced by them.  Artists give workshops and write these books as helpful aids in getting beginners started in bear making.  Unltimately, the beginning artist finds his/her own style which evolves as a result of trying different things and experimenting.  As a beginning bear maker in 1997, I appreciated all the books I found on the subject and all the commercial patterns I tried.  It certainly made me understand better how to put a bear together and all the different tweaks that can be applied to a basic pattern that can turn into YOUR style.  All of this babble is to say that I am of the opinion that you CAN sell the bear as your own.  I don't know how many bears I've seen from artists at shows that have ears placed on the side . . . but a BUNCH!!  Carry on, my dear!

bearlyart Canna Bear Paint
NY
Posts: 749

Hi Kirsten, the bear is a sweetheart!  How about using something in your auction description to acknowledge Ted Menten's influence?  Something like 'inspired by Ted Menten's designs'.  If your gut reaction is to give credit, then you are probably correct to do so!

Cheers,
Kelly

Dilu Posts: 8,574

Let's look at this a little differently.

There are only so many places on the head to put the ears.  There are only so many places to put the eyes.  Can't have a leg coming out of the head, now can we?

No one can own the basic shape of a golly or a teddybear.

And as you refine and grow as an artist, on your own, you will begin doing things that others may have done before you.  The only thing you can truly own is the character you inbue in your critter.

Perhaps a way to deal with it is to thank Mr. Minton....somehow....Acknowledging the influence on your work he has had.

A wonderful lady on this site told me that once someone jumped all over her claiming that the idea for a particular bear had not been original.  Well it had been original, but the two of them had come at the same idea from different perspectives. This lady was hurt and embarrassed because, like you, she has integrity.  She didn't want to have her reputation as an artist damaged by an accusation or malicious gossip.

But jealous and small minded people will make accusations, and they will try to damage reputations. 

I applaud you for your concern on this issue.

I think your bear is beautiful- and he looks really similar to your avatar, also adorable....so I can only think that this is part of you, your personality coming out, your fine tuning the creative process and finding your voice.

As  artists we have to be strong against those who will try to demean our work.  We have to be confident in our originality and knowledge that we haven't deliberately taken ideas from others.  And we have to maintain our personal integrity.

I don't think you will have a problem with this, as you posted a valid question with an open mind on how to solve a moral dilemma.  Your work is precious, and I sincerely hope you do not allow anything to hinder you, but that you allow yourself to continue filling the world with love.  Because that is what making a bear is really all about.  Love.

Thank you for bringing up the question.

Dilu

Shelli SHELLI MAKES
Chico, California
Posts: 9,939
Website

Shelli Retired Help Advisor, Banner Sponsor

Kirsten, you are a woman of integrity.  Kudos to you; it's a wonderful, and not common enough, quality.

My instinct on this is that Kelly is dead on; share credit with Ted Menten if that's what your gut tells you is right.  But the design and workmanship behind the pattern creation are, in fact, even by your own description, yours to own. 

There will always be similarities in bear patterns; how different can one gusset BE from another???  There is a fuzzy line somewhere between "reproducing" and "recreating", and it sounds like you've crossed it in your current piece and are well beyond accusations of plaguerism.  (I have no idea how to spell that, by the way.)

Why not use wording in your auction like, "This magnificent, wonderful, darling, glorious, exquisite... bla bla bla... bear_laugh teddy bear features a Bears-n-Bows first -- low-set ears, stitched into the head at the sides, and inspired by the charming teddy bears of world famous bearsmith Ted Menten."

It's nice to see people willing to include conscience in their work ethic.  I'm happy to say I know you!

Shelli SHELLI MAKES
Chico, California
Posts: 9,939
Website

Shelli Retired Help Advisor, Banner Sponsor

doodlebears wrote:

boy what a great bow he is wearing. I can sew bears gollies etc, but I can't tie a bow to look as goods as yours.

Jane

Jane, I just noticed this morning that Kirsten has very kindly shared her bow-tying technique -- you won't believe how easy it is! -- in the TEDDY TIPS & TECHNIQUES forum, under thread topic "Ribbons."

Check it out!

Kirsten So. Cal.
Posts: 302
Website

Thank you all so much....:) I feel so blessed to have a wonderful group like you to turn to for guidance and counsel. The more I read from you the more I feel that this is truly my creation, definitely inspired by a great accomplished artist, Ted Menten... but I also realize how different it is.

My bear did strike me as very similar as my current avatar, and I can see a maturity or evolvement in my style. I am relatively new to this art, having made only 15 bears or so. I feel that I learn so much from reading posts here and absorbing tips from books, that each new bear will be a huge step in creativity and hopefully quality.

Dilu wrote:

There are only so many places on the head to put the ears.  There are only so many places to put the eyes.  Can't have a leg coming out of the head, now can we?

No one can own the basic shape of a golly or a teddybear.

And as you refine and grow as an artist, on your own, you will begin doing things that others may have done before you.  The only thing you can truly own is the character you inbue in your critter.

I agree, I love the ease of sewing the ears on first, I hate the idea of someone picking up my bear and its ear falling off! :o

It is in the spirit of being an artist that I wanted reassurance, that the influence and use of a pattern to understand a technique, was Okay. As a teacher, I really value originality and truthfulness.

I am so super pleased that you think this little bear is cute, he truly turned out better than expected. I can feel his personality and he has soulful eyes that speak to me. I hope he finds a super-fabulous home (once I get his auction up!):rolleyes:

Shelli- You are officially my new auction writer:

Why not use wording in your auction like, "This magnificent, wonderful, darling, glorious, exquisite... bla bla bla...  teddy bear features a Bears-n-Bows first -- low-set ears, stitched into the head at the sides, and inspired by the charming teddy bears of world famous bearsmith Ted Menten."

I always feel weird raving about my bears, I'm a little humble I suppose! :P

Jane - I just tie the bow upside down... turn teddy so that instead of head up facing you, its head down facing you, that way the tails of the ribbon go toward its feet. That's all I do. bear_laugh

doodlebears Doodlebears
UK
Posts: 7,414

doodlebears Celebration Ambassador

Kirsten you're a sweetheart, I now can tie a bow that doesn't look like the dogs dinner! Thanks so much. bear_original bear_original bear_original

Jane

Just Us Bears Just Us Bears
Australia
Posts: 940

Kirsten,
There are many artists out there that teach sewing the ears in using the slit method. Who is to say that Ted Menton didn't 'borrow' the idea from someone else? Jennifer Laing teaches heaps of different ways to do stuff in her classes but doesn't follow it up with "If you would like to do this method..be sure to give credit to so an so" etc.  Even Jodi said last week that she learned to do those great toes in a Jennifer Laing workshop and now uses them on all her bears. Does she need to give credit to Jennifer or the lady who showed Jennifer?? Whilst I think that if you were using Ted's actual pattern, you would be required to give credit to him (and ask permission)...if you designed the head yourself..based on how he does it...it's still your pattern. As I said...Ted Menton isn't the only one who does this method, and I doubt he thought of it or claims to own the technique...obviously like you, it's a technique he has tried, and likes. I worry that if you are TOO keen to give credit to him for the ear idea, it may take away from the fact that it is mostly your design idea. It's not like you are trying to claim that you invented this idea. I am all for giving credit where credit is due....but I think you should be guilt free on this one and not feel the need to mention Ted's name.
Really cute bear BTW!

Dilu Posts: 8,574

Kirsten



see there's an example-I don't know who was the first to put bows on a bear....but now we all do....and your idea of tying it upside down!!!

Gollygeewhiz what a great idea.....thanks

Dilu

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