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Imitation - plagiarism or flattery?

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Old Jan 29, 2007 | 07:07 AM
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Imitation - plagiarism or flattery?

I'm curious what the community thinks about this, because I don't know which side of the line I'm on. I got my Mini in May of 05, and did a lot of work 'you-ifying' it to make it mine and unique. The second mod I did after my custom tint, was custom stripes.



I used my lucky number for the stripes, contacted a custom vendor to make them, and now some one else has them. Plagerism or flattery?

 
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Old Jan 29, 2007 | 07:21 AM
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Hmmmmmmmmmm... that's a tough question, one for which there isn't a clear answer, IMO.

On one hand, I would definitely feel flattered that someone found my custom mod so cool that he/she decided they had to have the exact same modification.

But, on the other hand, much like you're apparently feeling, I would feel a bit peeved that the MINI that I made so unique and special is no longer completely unique.

Of course, the custom mod is not copyrighted, so there's not much one can do about the "copycat", lest you can talk him/her into changing their car number to "223".
 
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Old Jan 29, 2007 | 07:23 AM
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It does kinda suck, and is actually kinda odd that another MINI owner would want something on the outside of their car that someone else has. At least the colors are different. Unless you had an arrangement with the vendor to not reproduce for anyone else, he's running a business.
 
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Old Jan 29, 2007 | 08:11 AM
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I have seen those same stripes minus the numbers on a '04 MCS that belongs to a fellow club member.

IMO, very nice touch, but hardly original.
 
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Old Jan 29, 2007 | 08:14 AM
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Originally Posted by C4
IMO, very nice touch, but hardly original.
They had to be original at SOME point in time, no ?
 
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Old Jan 29, 2007 | 08:19 AM
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Originally Posted by C4
IMO, very nice touch, but hardly original.
Double pin stripe w/ slanted 222's?
 
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Old Jan 29, 2007 | 08:19 AM
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Originally Posted by Wagnbat
Double pin stripe w/ slanted 222's?

Let me look up the pic....
 
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Old Jan 29, 2007 | 08:21 AM
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I know I "borrowed" the idea for my stripes (similar to WagonBat's) from another person. I've never met them and don't know who they are. I did change the numbers to something that has a special meaning to me. I would chalk it up to flattery. Let's face it. It's not like the WagnBat will be mistaken for the other Mini.
 
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Old Jan 29, 2007 | 08:22 AM
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Here it goes.. It doesn't have "222"but the word "MINI":

[img]
 
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Old Jan 29, 2007 | 08:23 AM
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Doesn't appear to have pinstripes on the sides nor the double pinstripes down the center. And says MINI instead of 222, as you pointed out.

Otherwise, you're right, they're exactly the same.
 
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Old Jan 29, 2007 | 08:26 AM
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I guess if you were concerned about plagiarism, next time you need to copyright the design.
 
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Old Jan 29, 2007 | 08:27 AM
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By the way, Joe pictured above with his beautiful family, also owns a gorgeous 1999 Rover classic Mini with less than 15K miles. The MCS in the photo is a 2004.

Joe is a great guy and breaths Minis all day long.
 
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Old Jan 29, 2007 | 08:30 AM
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Plagiarism is defined as: to steal and pass off (the ideas or words of another) as one's own : use (another's production) without crediting the source. Since we do not know if the owner of the red Mini claims this as his own design accusations of plagiarism are unwarranted.
 
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Old Jan 29, 2007 | 08:37 AM
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I would take it as flattery all the way. I mean someone liked the design enough to put it on their very own Mini
 
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Old Jan 29, 2007 | 08:43 AM
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I have a very intricate design I'm doing for my roof top, and I will make it very clear to the graphics folks I plan to use that it is copyrighted material. I'm a graphic artist, and anything I create, I copyright unless specific circumstances dictate otherwise.

Now as to your design, someone else stealing it diminishes what you thought was a unique design. Did you have a chance to ask the owner of the other car how they came to have the same design? I'm thinking the company what did your graphics added your design to their public portfolio without your knowledge.
 
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Old Jan 29, 2007 | 08:51 AM
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You can't own the rights to a vinyl mod like this. If you could own the rights to visual mods....i would be rich having been the first to paint custom black grill slats...and one of the first two people to put an MCS bumper on an MC. But sometimes you just have to be proud that so many people enjoyed your initially unique idea. You can atleast say you are a trend setter.

It sucks...but i guess you mark this as flattery. I'm also gonna guess that someone was right in saying that the vinyl company kept your design on file and showed it to someone who wanted custom stripes done. As 222 is your lucky number, i see no other reason(besides the vinyl company printing the exact same file) as to why they would choose the exact same number as you when it can be any word or number to their choosing.
 
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Old Jan 29, 2007 | 09:04 AM
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Yeah, cooperflags now offers the stripes with MINI on it, and that's fine with me. But it just seems odd to pick a unique number to go with a certain stripe, and to have the exact same thing show up elsewhere.

I'm not worried about copywright or anything... Just seems odd to see another car with something which was supposed to be unique, imho. Other people have the scoop, and paint scheme... Other people may have batlogos on their rides...

Well, nevermind. I did some poking around, and it seems I am a trend setter. The vendor is selling it with 222 on their website:



Double Pin Angled Side Stripes

$90
May be made in any standard color vinyl, carbon fiber or chrome will incur an extra charge. You may choose up to 5 letters or 3 numbers, please specify in comment field upon ordering.


I'm going to send em a nice PM, asking them nicely to change the #'s so that my number isn't the default. :(
 
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Old Jan 29, 2007 | 09:21 AM
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Time to mod your mod!

Copyrighting is an idea to consider. It costs $45 and the forms can be downloaded on the 'net. I'm not sure if its retroactive, but if it is, then you'd be able to ask that the vinyl shop and the others who have purchased it to cease and desist from using it. You might ask others to modify their installs.

Bummer if you were led to believe that it was a one of a kind vinyl design, it sure looks identical to yours.
 
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Old Jan 29, 2007 | 09:23 AM
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Originally Posted by RallyMINI
It sucks...but i guess you mark this as flattery. I'm also gonna guess that someone was right in saying that the vinyl company kept your design on file and showed it to someone who wanted custom stripes done. As 222 is your lucky number, i see no other reason(besides the vinyl company printing the exact same file) as to why they would choose the exact same number as you when it can be any word or number to their choosing.
I'm guessing that the company didn't make it clear to the other buyer that other number or words could be substituted.
 
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Old Jan 29, 2007 | 09:32 AM
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a person can pursue legal action for copyright infringement even without copyright registration -- the registration creates some legal advantages, but not having one doesn't mean your ideas are free game.

Something that's not clear here is how much of the design you actually created: did you just ask for diagonal stripes with 222 in them, and they did the actual design? or did you actually design it, provide them with a diagram, and merely ask them to reproduce your design in a vinyl decal?
 
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Old Jan 29, 2007 | 09:32 AM
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flattery!
 
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Old Jan 29, 2007 | 09:39 AM
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Originally Posted by eager2own
Something that's not clear here is how much of the design you actually created: did you just ask for diagonal stripes with 222 in them, and they did the actual design? or did you actually design it, provide them with a diagram, and merely ask them to reproduce your design in a vinyl decal?
Emails back and forth over a couple days specifying design with different graphics presented to represent the end look. In the end, the vendor and I were on the same page... And they do tons of custom stuff, which is why I'm surprised 'my design' is on there. As I mentioned, I'm more worried about the presentation and number, versus the stripes themselves.

I wonder if now people think 222 means 'quality Mini', or has some kind of heritage that they're just copying (Like non-MC40 cars with MC40 decals). I hope not.
 
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Old Jan 29, 2007 | 10:00 AM
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You're on the money about the number being, er, "borrowed." But as for the stripe...

... somebody beat you to it -- in concept, at least.

By almost four decades.




1968 Olds 4-4-2 offered a similar stripe as an option. Not many takers back then.
 
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Old Jan 29, 2007 | 10:11 AM
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I'd be flattered and be finished with it...

mb
 
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Old Jan 29, 2007 | 10:23 AM
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...plagiarism or flattery or just bad taste?

nono, im just kidding.
those stripes look good on your car.
 
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