My design was copied

I thought in the OP I was clear and probably gave to much info. I put up pictures to show and the date of when it was made if you can see it. Maybe I wasnt very clear about said texture issue but I did outsource the fabric but made/drew the outfit myself. And as far as not remebering I dont remeber where I got the fabric from but I did draw the outfit that I do know. So maybe now its all clear. If nothing else I know what I did was right and the person wasnt even in SL when I put up that design for sale. As for her side well the pictures show it she has it up on the left on the wall in background and in the middle of her store then on the left its back up in six colors. I dont think much more needs to be said. But then thats my opinion.

Thank you all for all the replys I got and the encouragement I appreciate it.

Actually it was not plain and simple to anyone trying to be non-biased and balanced here. It may be simple to those who prejudge on either side of the topic but there were unclear and seemingly contradictory parts to the story. Some of those have now been cleared up and that is helpful. However at the end of the day the testimony of the other person is not properly represented in this debate and so nothing can be verified about what happened.
Just because someone comes to the forums and goes "ZOMG someone stole my stuff" does not mean that it is so.

There have definitely been times when I though I was being clear and unambigous when communicating also and people have still not understood what seems plain to me. That is just part of communication, later on when I went back and read what I actually put instead of what I really put often the confusion becomes apparant. We all do it, its no biggie. We asked some questions and pointed out some areas of confusion, again no biggie.

The pictures I felt were not clear enough, sorry you may feel they were I personally do not *shrugs* again no biggie.

Just to be clear for what its worth, if the original BIAB owner really did use some means to intercept your "design" texture from your outfits and use them in their own then I think you are deservedly upset and I am sorry that happened. Some people are scumbags and there is little recourse against such petty underhandedness.

I understand and its ok I know what happened and what went on between the other person and me. Sorry the pictures werent clear enough for you. But The original reason for posting was not to put anyone over hot coals but to ask if this happened to you (the senerio i gave) how would you feel. Would you be upset and frustrated or not? I was and can file on her or put it off as she must really like my designs to take one and say its hers. (It was the whole original outfit)

Thanks again everyone

Just because you use a free texture does not invalidate your copyright.

That would be like saying your new design of a jet engine can't be copyrighted because you used bolts you didn't make yourself from the Hardware Store. It's the design that matters, not what you used to execute the design.

To clarify points, the issue is not whether a texture is free. It's whether (a) it's in the public domain, and, if not, (b) whether the person using the texture has a license to use the texture the way that it is used.

That is the critical mistake that so many web surfers have made in the era of the internet- assuming that something that is free on the internet is something that anyone is allowed to appropriate.

Now, if I have been licensed to use the texture in my work, then I have a good copyright in my final work (assuming that all the pieces I used, I used with appropriate license).

It isn't necessary to even be the creator of a work to have a copyright in the work; copyrights can be transferred, in whole or part, forever or for limited time. Works for hire are not the property of the creator, but the person commissioning the work.

Even if my work has an infringing piece (one piece used without license), that does not necessarily mean that I have no copyright in the rest of the work. It's not the case that the owner of the texture I used without permission now owns my work; or that my work is suddenly public domain. All it means is that the owner of the texture which I used without permission has a variety of remedies available, pursuant to the copyright laws (which could be damages, disgorging profits, or injuctions against distribution).

The comparison of digital works to a plane is apt (though vehicles can't be copyrighted; possibly patented or trademarked), because textures are often used more like tools in creation, than the actual work itself. Look at a texture for Second Life clothing, for example; it probably has no use other than as a component in SL clothing, and itself has little intrinsic value.

A skilled person combines the different tools to create something original and usable.

I have been a hobbyist with digital graphics long before I heard about Second Life, and the concept of licensing textures and geometries for use in 3D graphics is hardly a new concept. From a standpoint of time and effort, it would not be feasible for for digital graphics to exist if one person had to make every single element on one's own.

Hmmmm I don't agree with your analogy, though that is not surprising as most analogies do not provide a good analogue at all. However to go with it, my point was that if you simply take a free texture and use a common design to craft it into an outfit then it would be a more like taking those nuts and bolts and following a commonly understood engine design - not a new design at all.

No offense to the OP but I have seen a lot of outfits that are simillar to that if you ignore the texture used. The design is not groundbreaking or new. It is a strapless bikini top and bottom with a open front prim mini skirt. That is not to say it isn't nice or good, or that the OP didn't draw it from scratch (because I do like it and I believe her when she says she did) but to say it is a "new" design is not true. It is more accurate to say it is her own implementation or impression of a common design. This is probably why RL clothing designs often do not come as copyrighted, because they are just small variations on a common design.

So then the only issue is if the BIAB used this route to make an seemingly same outfit or whether they actually purchased one of the OP's outfits and copied the texture (the design texture made into an outfit shape) for their version.

True. Nor is it feasible in RL. People obtain fabric, cotton, fasteners, etc to make clothing. The use of these materials in no way negates the clothing designers' IP and copyright. Neither does the use of virtual materials made by others negate the IP/copyright in virtual clothing.

Yes we do get inspired by other people's work and are influenced by what we see. However, from what the OP has said then my opinion is that the other person simply knocked her work off. Hardly inspiring.

LOL I was not going to respond... tried to hold back but just couldn't. I am trying so hard to make it clear that this design that was in her store was my exact design. As if she purchased one from my vendor and it had full permissions and then she put it up for sale as if she made it.

How do I know? Well besides the person telling me she knew it was mine there was a couple of flaws in the design and there they were (she saw them as well when I pointed them out on her model). And because before I talked to the store owner I purchased a copy to make sure it wasn't a case of just someone making something simular.

Really I am one that fully believes there will be many outfits that are simular. There are way to many designers in SL and you can only make a pair of pants, dress or top different in so many ways.

Now back to how did she get it? Well that is the mystery. I do not sell full perms. And I went to where she said she got it and I did not see it at the place that had the BIAB. If it was in the box the only way I can think of is I gave it to a mall owner as a prize give away, full prim under the premiss that they would put it back to no copy like they said they would. I have stopped doing that for a year now because I got to thinking what if said mall owner a year later still has my full perm item in thier inventory and they give it away not thinking. It is a passable way that this is what happened.

I hope I made it clear now that she did not draw it.... I did, it was my original drawn design. But yes you are right it is a simple design that anyone could make. I actually feel lucky that this is the first time this has happened to me out of all the years I have been here. It was just shocking to me to see my work hanging in another store and she was even chargeing more for it LOL

Hi Zazas, thank you for your further clarification of the situation. I am glad you realise I was not picking at you but at the missing pieces of the situation as I saw it. I can totally understand how you feel and I think that I would feel upset also.
The good of all this is that anyone reading this now has a lot of information about these kinds of situations and what to do and what to avoid doing when either suspecting someone has copied their stuff or is thinking of using someone elses things.

Zazas, so sorry I've not been around over the weekend to help clarify this for you.
It was I who had bought this dress last November and I who discovered this identical dress in another store. It was clearly identical. I IM-ed both Zazas and the other shop owner informing both I'd bought this dress earlier and what gives.
It was subsequently I also, who revisited the shop later to check she had in fact, taken it down, to find not only a slight variant put back up but FIVE further variants!!!
These, in my opinion are mere colour washes with little to no more work.
Zazas, I am angry and frustrated for you, and also at one or two of the BS posts you've had to contend with.
If it's of any comfort, the revised "range" is inferior, with the colouring of the skirt reduced and the thong is a mere cutaway for the masochistic. About the only plus point is she includes shoes .. Big Deal!!!

Hi Inigo Thank You again for bringing the situation to my attention even though it has been frustrateing to say the least it is good to know there are still some people in SL that care to let someone know when they come across something like this. Also for adding more clarification to this thread. I cant name names so trying to explain and just getting out of the hospital made it difficult.

Just so you know the other store owner feels she did No harm putting it back up. Says the minor changes was enough to change it and feels I am just argueing over virtual clothes. But then turned around and said when she pulled down the original she learned her lesson and lost money. I dont get it especially her being a M****r she should know better then to do what she did. But it just shows what type of person she really is and I hope with each sale I cross her mind because without me she wouldnt have made that sale. Not to say she would never have drawn one like it herself, but baseing that statement on she didnt it was my design shes making those "L's" on.

She claims she changed the texture, made the v top, cut down the thong redid the dangle coins and changed the back so its totally different and if I filed on her it really would be a waste of my time. IMO she shouldnt have put up anything like the first one and front view it still looks pretty much the same there just isnt much changed.

I'm not sure what will happen I have read about fileing and seems like they want you to jump through hoops whistleing and juggleing bells at the same time to do it. But again thank you, thank you, thank you!!

Gabriele no worries I'm glad you now understand what I was trying to explain. Being on such a high flow of oxygen and all the meds makes my brain in non cooperation mode when it comes to wording at times. I didnt think you were picking on me I just wanted you to understand what was happening and just couldnt seem to. Whew but finally!!!