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Where’s the Line ?

Right and wrong in a for-profit world

When Your Creative Juices Get Stolen

July 24th, 2007 @ 6:11 pm

2 Comments

Categories: Ethics, Personal Conduct

Tags: Material, Where, Where's The Line?

I am a professional variety performer - I do a lot of children’s parties and street shows at festivals - and another performer has been stealing some of my original material and using it in his show. When I went to my manager to complain and talk about a possible solution, he told me this sort of thing happens all the time and making a big fuss about it would label me as a “problem performer” and dissuade promoters from wanting to book me.

rastelli.gifI worked very hard to create my material, and pride myself in its originality. Yet I can’t afford to lose work because I’ve been deemed a “problem.” Where’s the line?

Unfortunately, the theft of ideas is a theme that returns over and over to this column. When you have to watch someone else profit from your own creative juices, it stings real, real bad. To make matters worse, there’s never a cut-and-dry method to solving the problem.

For help with your case, let’s look to the juggling community. Yes, juggling. It’s a similar field of entertainment, and they have a long history of dealing with your sort of situation because material theft is a rampant problem in juggling. As with a children’s performer, jugglers often rely on a shtick - that little something that distinguishes them from the crowd. It could be the character they portray, or a bit they do, or the general theme of their performance. Jugglers don’t pretend to own tricks. No one can say that they are the only one who can throw a club behind the back, or catch a ball on the back of the neck. But the shtick… that’s theirs. And that’s what is constantly being stolen.

Here’s how jugglers have handled the problem: they’ve shamed these thieves within the juggling community. It’s not perfect, but it’s your best option.

Your manager is right to tell you that making a big stink about your problem is going to do you no good with promoters. All they want is performers who show up on time and deliver good material. They could care less about the ethics of originality. I’m guessing you have good material, which is why your competitor is stealing it from you. Pause for a second and take that as a compliment. Imitation is the sincerest form of flattery. Now get that out of your system and get mad again. Now back to the jugglers.

Jugglers tried taking the thieves to trial in the world of the promoters. That did nothing but get a few of them labeled as “problem performers.” So they launched their own form of self-policing. One very well-known juggler has devoted a section of his popular website to calling out the hacks by name. Others spread the word at juggling festivals and conventions (yes, they exist).

I’m sure that your line of work has its own little community. So, spread the word. Make the thief pay for his actions with his reputation. It’s not perfect, but at least it will give you some retribution (you deserve something), and, sooner or later, the word will trickle up to the promoters that this guy is a scumbag. And hopefully, he’ll get what’s coming to him.

Have a workplace-ethics dilemma? Ask it here, or email wherestheline@gmail.com

 
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    1

    ptiseo

    07/25/07 | Report as spam

    Get Ahead Or Get Even?

    Hmm. I don't agree with the main thrust of this article.

    Coming from a business world, there are always many johnny-come-latelys stealing your ideas. You can waste time staying at their level, fighting their fight, with patents, lawsuits, borderline business tactics to discredit them, etc. Discredit one, and another takes his/her place.

    ...or you can keep evolving your "schtick", so that those types are always chasing your tail, instead of you getting bogged down at their level. Then, they are the ones expending effort staying with the leader.

    Which do you want to be? The one fighting the tiring fight and never evolving or the one tiring out the followers?

    (Note that it doesn't have to be either-or. You could do a little of both, but don't put Herculean efforts into either option.)

  •  
    2

    LWeller2

    07/26/07 | Report as spam

    If only everyone would

    In any field, the word does get around about those who "borrow" material not their own. This tactic does work, but takes time. The thought of lawsuits to resolve idea theft is massively tiring, but in my opinion, if "creators" everywhere were likely to file lawsuits, the borrowers would think twice. Frankly, I think laws to protect originality need to be strengthened, and the consequences of breaking those laws need to be more severe.

    When it comes right down to it, borrowers are lazy: They don't want to take the time or spend the mental effort to create something out of nothing - too much work for them. They look for valuable ideas to steal then convince themselves that it isn't really stealing or that they are clever to steal. That mentality is no different than the type that breaks into a home and burgularizes it.

    Like I said, the laws and consequences of breaking them need a major overhaul.

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