1. It has come to the attention of forum staff that Dollshe Craft has ceased communications with dealers and customers, has failed to provide promised refunds for the excessive waits, and now has wait times surpassing 5 years in some cases. Forum staff are also concerned as there are claims being put forth that Dollshe plans to close down their doll making company. Due to the instability of the company, the lack of communication, the lack of promised refunds, and the wait times now surpassing 5 years, we strongly urge members to research the current state of this company very carefully and thoroughly before deciding to place an order. For more information please see the Dollshe waiting room. Do not assume this cannot happen to you or that your order will be different.
    Dismiss Notice
  2. Dollshe Craft and all dolls created by Dollshe, including any dolls created under his new or future companies, including Club Coco BJD are now banned from Den of Angels. Dollshe and the sculptor may not advertise his products on this forum. Sales may not be discussed, no news threads may be posted regarding new releases. This ban does not impact any dolls by Dollshe ordered by November 8, 2023. Any dolls ordered after November 8, 2023, regardless of the date the sculpt was released, are banned from this forum as are any dolls released under his new or future companies including but not limited to Club Coco BJD. This ban does not apply to other company dolls cast by Dollshe as part of a casting agreement between him and the actual sculpt or company and those dolls may still be discussed on the forum. Please come to Ask the Moderators if you have any questions.
    Dismiss Notice

Copying company outfits

Jun 23, 2013

    1. (I searched but did not find a thread had already been made about this topic - but feel free to move it if there is one)

      I have recently discovered an old, non-limited, company outfit (just a shirt really) that I really would like for one of my dolls..! But finding it second hand I deem to be most impossible.
      So it got me thinking a bit... and I think I would like to make it!
      But what are your thoughts or views on copying a sold out outfit for your own use? And are limited outfits ever ok to copy?

      My intentions are not to go around claiming that the design is mine or mass produce it to selling it. But it is still me copying their design, even if I do not use the same fabric and even omit a few details.
      I personally think it is ok to copy old, sold out outfits for your own use. And when it comes to limited outfits, then "old" has to be the keyword there...

      And also the the second scenario: What if I cannot do it - I fail at sewing it so I ask someone to make it for me (a commission) and thus pay someone to copy it. What are your views on that? Even if you just pay for work hours, do you feel that it is ok to pay someone to copy an outfit?

      That would be paying for work-hours or fabric, but it is still asking someone to copy someone elses work for money...
      I am not sure what I feel about that more than that it just does not sit right with me...

      Also, and extra question:
      What about making it/commissioning someone to make for yourself/for human use and not for dolls? Does that make a difference?

      I would like to hear your thoughts and arguments..!
       
    2. Legally speaking, there's no such thing as a fashion copyright. You can copyright a specific pattern, but not the general style; ie, no one owns the copyright on "kimonos" or "flapper dresses". (One of the reasons some designers plaster their logo on all their work is that logos are copyright protected, but clothing designs aren't.) Or, Dollheart owns the trademark on the name Fers, but if you made a dress that looked a lot like one, you could legally sell it as long as you didn't call it a Fer.

      Morally... I mean, I personally think it's OK to copy things for personal use. Especially if they're not available anymore from the company. I'm a seamstress/designer, and somebody did make something inspired by one of my designs, a steampunk kimono. I say "inspired" because hers was way better than mine :) See the thread here. She was really good about crediting me, and I was flattered, and got some free advertising out of it. So I didn't have a problem with someone using one of my designs as a jumping-off point. I thought it was cool.

      As a seamstress, I wouldn't take a commission to copy a really elaborate outfit (like Dollheart), because there's not a lot of creativity in that for me, it seems sketchy, and I would have to charge even more than they do, anyway. It would be really bad press in the doll community to "bootleg" outfits, though it's not technically illegal, the way recasts are. But something basic, like a shirt? Sure. I made a pretty close copy of the main doll's outfit in The Doll Master (red dress, white button-down shirt) for a client once. It wasn't available anywhere, and wasn't a super-distinctive design (basic schoolgirl jumper) so I felt ok about that one.
       
      • x 1
    3. I'm in the process of making my girl a limited company outfit. I would have bought it if it were readily available and at a price that I could afford. But since it is not, I feel no remorse in making an outfit that looks like it. Since I'm putting in the effort and I don't intend to resell it (not unless someone reallly wants it more than I do) I don't see it as an issue.
       
    4. Its funny, but even when I have tried to 'copy' something, it always comes out as my own design, with a flavor of its own. But then, even though I sew well, from initial sketch to finished design, things seem to have a mind of their own!
       
    5. I dont think there is anything wrong with it. Especially if you take the time yourself to do it. Or even a commission is still fine since the person will be doing all the work themselves not to mention getting the exact same fabric is often impossible.
       
    6. Here's a rather relevant link: http://en.wikipedia.org/wiki/Design...t#Current_Status_of_Fashion_Design_Protection

      Basically, it says that it is entirely legal to copy an outfit design as long as a.) there are no company logos involved (i.e. trademark infringement) and b.) the outfit is functional on a basic level.

      This is why knockoffs are entirely legal- as long as they aren't trying to sell themselves as the real thing (like if a no-name company started making Gucci purse look-a-likes and claimed that their knockoffs actually were legitimate Gucci).
       
    7. I think that as long as it's for your personal use its fine. And even if you decided to sell it it would be fine as long as you weren't claiming it as the company's shirt. There are a lot of outfits that I'd like to make for my girls that are limited or sold out.
       
    8. I never knew! Interesting!
      I thank you for the info.

      But it is still nice to hear your standpoints. I would have thought there would have been more disapproval towards the idea of copying, actually.
      Even if it is legal.
       
    9. I just think its preferable and more fun to let yourself be inspired by company designs rather than copy them. Why copy when you can be original? Whether or not it's wrong, I have no idea. It never crossed my mind before. Imitation is one of the first steps in learning, and since you said you weren't going to claim the design as your own, it feels ethical to me.
       
    10. I think as long as you dont sell them, its pretty much fine :) Just use them for your own personal dolls~ I pln on doing this too cause I really loved DC Mona's outfit and I asked them and they said it was not available for purchase so I wanna make something like that for my gonna own DC doll but with a touch of my own style. ^^
       
    11. No, you can sell knock-off fashions, there are no legal issues with this worldwide, as long as you're honest about who made the items. As Krynnmeridia noted above, it's only trademark counterfeiting if you try to pass off copies as originals (down to copying the original designer's labeling). Anyone who has a moral objection to what you're doing is free to vote with their wallet and not buy your stuff.
       
    12. I make furniture and not copy other furniture miniaturists. In principle. But I can freely copy furniture for people - no one protects copyright of their products from the copy in a nutshell - never heard of such.
       
    13. I don't see a problem with it at all actually, especially since it's just for personal use. Afterall, you still have to go through the effort (or whoever you commission does) of drafting the pattern, collecting the materials, fitting it all together...

      I have plans to do this with a DollHeart outfit. Their store said they had 2 left in stock and I tried to buy it, even paid for it... but then they told me they actually didn't have it anymore and refunded my money. I was heartbroken and swore that someday I would recreate that outfit!
       
    14. I think it's fine for personal use or to sell, though I usually add my own touches (and since I'm self taught plenty more "spontaneous design alterations"). XD Just say you're inspired by "________________" or name the historical period/ culture that inspired them if the clothing is a basic/ generic pattern. The only time it is wrong is when you are claiming to sell an original of something from someone else. Name brands have clout and people dish out tons of money just to have something from them. I really don't understand this phenomenon.
      I highly suggest that you research the outfit. There may be variations you may prefer more. For instance, I LOVE regency gowns and there are tons of variations on sleeves and accessories that are true to the era (and endless more if I mixed and matched from another period). So if I found a beautiful gown online, I could use that as the starting point and then go from there. Look at the outfit and determine what you like about it and what you would like to change. Maybe you'd prefer a different color combo, or material? Even going to a fabric store can give you ideas.
      GOOD LUCK!!!
       
    15. I'm actually planning on doing something like this some day. I love the skirts of Dollheart's fers, but the top is a bit... not so much to my taste. I'm planning on making a similar dress but with a high collar instead of a low neck and detachable high collar. And I will probably love it more than an actual fer!
       
    16. I was recently at a sewing conference and one of the designers there who owns a small pattern company said she buys designer dresses, copies them at home, and returns the dresses the next day. There's nothing illegal about it -- she said sometimes she even tells the clerk that's what she's planning to do. I agree with everyone else above -- as long as you made the pattern yourself, it's your work and there's no legal or ethical issue.
       
    17. Why not? It's no different than knockoff human clothes, which are completely fine.

      I think the only thing is that it would be ethical to say that it is a knockoff of or inspired by such-and-such company, so that it's not misleading people into thinking that you came up with the whole design yourself.
       
    18. I may be the only one with a differing opinion. Just because it is legal, doesn't make it morally right. I used to work for an international clothing brand, and one year at an industry trade show, there was another company that was showing their new line which was our line last year to a T. It came out that they do that a lot. Fashion is one of the only art forms you can't patent or copyright, and that sucks for designers who hard work and skill in creating original pieces.

      I myself after working at that clothing brand, started my own clothing brand, and one of the dresses I made that got recognition in the media was mass produced a year later by a big brand. Same look and colors. It sucks when it happens and that you can't do anything about it.

      But as I said before, just because it is legal doesn't make it morally right. Not to get into politics but in the US in most states it is still legal to fire someone because they are gay. Does that make it okay because it is legal? No, because it is morally wrong.

      If you want to make clothes great! Go for it. They make clothing patterns for a reason. There are also some great tutorials on turning human clothing patterns into doll sized patterns, but copying someone else's design, or a companies design, even for doll clothing is taking hard earned money away from the designer and company that produces them.

      Sorry this post is so long, just figured I would share a perspective of someone who used to work in the industry, and it's one of the reasons I don't work in the industry fulltime anymore. Now I just run a tshirt company in free time because the designs on tshirts can be copyrighted. I don't care if you do copy designs and make them for your dolls, just think of it from the perspective first.
       
      • x 1
    19. Disclaimer: The "you" in my post is a general one, not directed at anyone in particular.

      I'm not a fan of copying, regardless of whether or not it is a doll, or pattern, or outfit, or what have you. I feel like these days people don't place much value on creative artistry or working hard to achieve what you want any more, which is sad. It's also a huge slap in the face to original creators. :/ To me, it's fairly obvious and not an ethical question. Forgive me if I lack tact on this issue, but I will put it plainly. If you respect a company/artist/creator/whatever, you can admire it, you can take influence and spin it your own way (nothing exists in a vacuum) but copying and taking that knowledge/work for granted etc... is just pure laziness and disrespectful. Being lazy and disrespectful is pretty low in my books, sad to say. This is how I was raised. If you are going to go the copy route, honoring that influence or source is important, and while it does soften the blow, I still fail to see why copying is at all necessary. I place a very heavy emphasis on individual creative effort. Even if the copy was technically matched, well-executed, and slightly different from the original, it would still be "nothing but a copy" to me. :( I will be the first to admit that I'm disdainful of copies, though I mean no disrespect, it's just how I am.

      Fashion is a little tricky, since things like cuts and basic patterns are resources for the common, but I would be especially terribly uncomfortable asking someone else to copy an outfit; that just places moral hazard on the commissioned tailor, which is convenient for easing consciences, but irresponsible. There is some shred of honor to be had in claiming at least that you chose to copy something, instead of you asking someone else to do the work for you.

      There are tons and tons of resources for someone to be able to teach themselves how to do just about anything they want. With time, practice, and the application of effort towards learning, just about anything can be done. I'd rather take the pains to teach myself how to do something so that I may afford the flexibility of doing anything I wish with my knowledge later down the road, instead of just copying others without using my brain :/
       
    20. I have felt the need to clarify something on my own behalf as I raised the question... I am not looking for justification for or against this "issue" myself. I am merely interested in the opinions you people have of it.
      To me, some seem to speak directly towards me with the the "go for it" attitude. I hope I misinterpreted it and that it was meant to people in general.


      I agree with CrippledCuriosity and Laelen. Or rather those general opinions are what I went in with.
      But after hearing about how there is no real copyright law to fashion they softened a little. But I am still a bit split on the issue... Like "some are ok, some are not" hypocrisy.
      While the question I raised is not about mass-production of an article, but about getting that one piece of clothing that is no longer being made/sold for your own use.