Denim Nightstalker

**OFCJAX** · 31st March 08, 06:38 AM

OK guys. Being as this is in the DIY section should tell you that SWK isn't carrying these. I made this one up to match a denim Xkilt (with large apron?)I made.

I just took some measurements from my SWK sporran and cut some patterns out of foamboard. I'm working on a vinyl one now with a leather like look to it. After that one I think I'll try another one but with a rabbit fur front.

**kevinkinney** · 31st March 08, 06:49 AM

Nice tassels!

I like that one.

Kevin.

**Panache** · 31st March 08, 07:00 AM

While I appreciate the effort and skill involved to produce your sporran, this makes me personally very uncomfortable.

I know Jerry at Stillwater went to great lengths to design and produce the Stillwater NightStalker sporran. I believe he has also trademarked/patented it.

Were I you, I would email him and ask permission to make these for my personal use before producing any more such copies of his sporran.

Respectfully

Jamie

**OFCJAX** · 31st March 08, 07:25 AM

Panache, I respect your uneasiness. That said, it is for PERSONAL use. I'm not selling, giving, or loaning it to anyone and besides that, it's in a different material than has ever (to my knowledge) been offered. Think of it this way, if you had some fabric, and knew how to make a kilt, should you have to get permission for making one for yourself?

Again, not trying to be confrontational. How bout this? I'll change the title as to not reflect anyones already fine products.

**Jake_S** · 31st March 08, 08:02 AM

That is a nice looking sporran, but I would have to agree w/ Panache in that it is very close to copyright infringement.

Good craftsmanship though

**Dirk Skene** · 31st March 08, 08:11 AM

That is an original. Nice work.

**Larry124** · 31st March 08, 08:55 AM

For The Plaintiff:
There is a substantial recognizable “striking” similarity.
There was copying and improper appropriation.
Non-commercial use is not “fair use” when it has a substantial market effect. In cases with a small-scale impact, courts are more receptive to arguments regarding the effect on the copyright owner's market or potential market.

For the Defendant:
Abstraction/subtraction: Item elements that are found to be generic to "a sporran” are not protected.
De minimis non curat lex, "the law does not care about trivial things”. When the plaintiff establishes only a trivial use of the copyrighted work by the defendant, there is no infringement.

Thanks Wikipedia.
“All of the text in Wikipedia, and most of the images and other content, is covered by the GNU Free Documentation License (GFDL). Contributions remain the property of their creators, while the GFDL license ensures the content is freely distributable and reproducible.”

**Panache** · 31st March 08, 09:02 AM

Originally Posted by OFCJAX

Panache, I respect your uneasiness. That said, it is for PERSONAL use. I'm not selling, giving, or loaning it to anyone and besides that, it's in a different material than has ever (to my knowledge) been offered. Think of it this way, if you had some fabric, and knew how to make a kilt, should you have to get permission for making one for yourself?

If you are talking about a traditional kilt you don't need anyone's permission because that is a traditional design that has been taught to countless kiltmakers over many many years.

If you are talking about Alan H's X Kilt you don't need permission because he generously created this design for use by anyone who wishes to use it.

If you are talking about taking a Freedom Kilt, a Utilikilt, or an R Kilt apart and making an exact duplicate then I think you need to ask permission.

The sporran you made is a denin Nightstalker. Now Jerry has never offered such a sporran in this fabric but the design is his, and he does have a copyright on the design. You didn't get inspired by his item and then created your own type of modern sporran. You made a NightStalker sporran out of different material. It is his design that you are using.

I'm not going to come over to your home and knock on your door to take away your sporran. I doubt that Jerry is either. Though if you or someone else tries to start selling them I'm sure an attorney representing Stillwater will.

To me it boils down to a matter of respect and courtesy. If I were to wish to have a Nightstalker sporran in camoflauge material and had your skill to be able to make one, I would contact Jerry first and let him know that this was something I would like but that he didn't offer. Then I would ask if it was OK for me to make one for myself out of this unique material. Lastly, though proud of my work, I would be hesitant to post pictures on XMTS because I wouldn't want to get a bunch of other people making their own NightStalkers.

If you think about it, Jerry created these things to sell to feed his family.

This is how I see it and what I would do.

Respectfully

Jamie