Questions for BJD outfits and credit terms

First, copyrights vary from country to country. 2: many manufacturers are able to source or have made just for their products fabrics and fittings/hardware that those of us buying our supplies retail have NO access to.
So, no matter how creative, many of us cannot duplicate that item/outfit/look. We can do our versions, some of which can come very close. if I tweak a pattern to fit a different doll, I try to mention not only the pattern designer, but also exactly which pattern was the original I started with.
Start with always crediting the original, don’t copy and share or sell designs/patterns that others own. Respect those small, self employed artists, we don’t have enough of those and many struggle financially to stay on business. So, never ‘bootleg’ anything, and remember that skill is learned and earned over time and practice, including failed attempts into the rubbish bin..along with the costs of the materials involved. Be willing to push yourself, and be willing to admit that your skills are not yet at that level, but in time might be.
Most of all, be willing to try, to stretch and to dream, from that artist outfit you love might come something amazing that was inspired by but is now unique and shows your vision.

 

If you are to make your own version of an outfit for your own personal use: Usually doesn't matter unless the artist has said not to. Then you can end up with a bit of a internet battle if their fans get upset.

For Commercial use: Completely different story and it can be one hell of a mess. It depends on how you go about it. Maggimia56 did a decent job covering most of it, but I just want to mention there is a difference between legal obligations and 'morally right'. There are some artists that I wouldn't even bother 'taking inspiration' from because their fanbase is like a pack of rabid dogs.

 

It depends on what you mean by “ok.” You’re not going to get sued, but you might not be in good taste, and you might hurt some feelings/annoy someone you admire.

It also depends on who you copy. I’ve seen people recreate a full set outfit their doll would have had when they were new because they couldn’t find it secondhand; I don’t think anyone minds that. Now say you follow a seamstress on a social media platform and you start copying all of her designs. That’s in poor taste, and will probably make her feel pretty upset.

The last layer on all of this is whether you’re making them for personal use or selling them. Say you copy someone and then use their designs to make money… that’s adding another upset on top of what’s already there. It’s rude, and now you’re competing with them for sales on top of disregarding their feelings.

I don’t think human outfits are off limits given the thriving market in tiny Chanel right now, but again, someone else might tell you that’s totally wrong and not to do it. You kind of have to gauge the room and take it from there. Personally, I think you have to consider who you might be stepping on to use a design and whether it will have an impact. Chanel doesn’t care that I’ve got a tiny tweed on my doll, so I think it’s okay. A seamstress I interact with will probably be hurt if I use one of her dress designs without asking, so I wouldn’t do it.

 

IMO, unless you buy the original, undo it, copy the pattern, get the exact same fabrics and trims and have the skills to re-do it, you cannot really copy an outfit.

You can (and inevitably will be) be inspired by someone and it's nice, when you do your own stuff, to credit them (like: I got the idea and original feel from this dress by X). But for some people, even that isn't okay. Best thing is to ask the person if the outfit you plan to make really, really look like theirs.

That said, depending on the outfit, I would not be able to say if a "70% likeness" look-alike cloth was inspired by or a copy. I mean, there are tons of simple black lolita dresses for example, and if you just make another one but change the laces and buttons (and even more if it's for another doll), I probably won't be able to know where your inspiration came from. Same if you do the eternal simple little black dress. There are only so much variations you can make, so I don't think it's worth crying wolf over it. No one really owns a color or a particular type of sleeves after all.

That's another story if it's a really specific outfit, with, for example, a very specific lace placement, very specific details, accessories, etc...and even more if you combine all or most of of these specifics details into one dress. In such a case, you may hurt the person who originally designed the dress, so asking before doing would be better IMO.

 

Here's what I remember from an intro to copyrights for creators class from a couple decades ago: Disclaimer! I am not a lawyer and this is not legal advice! Things may have changed since then and this was a introductory level class on U.S. specific laws.
1. Copying outfits from doll artists or companies? For free personal use: totally fine.
For sale: no, that is theft of intellectual property and the original artist/company can choose to sue you.
2. Changing the thing a little but 70% the same? For personal use and no charge: legally fine.
For sale: this is probably still theft and you can still get sued. (Depends on if you changed the central concept, "the heart of the work" or if it's for a parody.)
3. Copying human outfits at doll scale? For personal use and no charge: is okay.
For sale: it could still be considered theft of I.P. even if it's for sale as doll clothes and not human clothes. Getting permission from the person is the best practice.
4. If you copy from another artist, you need to get the permission or just need to insert the credit alone? For personal use: technically if it's not for sale no, but giving credit is still the best thing to do. For selling something: that is theft unless you have a specific legal agreement with that artist/company and they can choose to sue.

As others have said the biggest difference depends on whether the thing you are making is for personal use or meant to be sold. If you make a thing for use by only you or as a free gift to a friend, make whatever you want. If you use a pattern or base it on someone's art it's good to say "this was made from a pattern/art by store/person". The rules for personal use are very open. If you are making a thing with plans to sell that thing, that's when Copyright, Trademark, Intellectual Property, and Fair-use laws get involved and things get very complicated. Once again, not a lawyer and this is not legal advice.

 

Honestly, in such a case I would ask the original artist directly or inform them about this.
I know AyuAna was greatly disappointed when they found out that Cheerydoll started copying their outfits. It hurts. And from seeing it in other art circles, artists always appreciated being informed. I also would deem this for business, since money is exchanged.

I personally would not take on such a commission. Not worth the drama with fans, hurting a fellow artist, not into the stress of dealing with a customer that doesn't want me/my style, but just wants me to play copying robot for them.

 

I would turn down the offer as it would not be worth the legal can of worms. It's selling a service to copy something and an intellectual property lawyer could probably tear you apart.

 

If you are being asked to copy another artist's work as a commission, that is not for personal use. You're being paid for it, which makes it work for profit.

Personally, I would not accept such a commission. I've been in the position of being asked before, and I know it can be hard to say no, but (in my opinion) saying no is the right thing to do. When I've been asked, I have tried to suggest changes to the original based on my own style, or to recommend incorporating other inspirations so that the final design is more unique. But if the customer isn't happy with these suggestions, I decline the commission and recommend that they contact the original artist. I prefer my work to be original.

But if you are willing to do the work and the customer is eager, you can always contact the original artist and see what they would prefer. Sometimes they might allow the use of the design if you pay some kind of licensing fee.