wayneinkeywest on wed 10 sep 03
There have been allusions lately in a number of threads regarding the =
sending of one's work overseas
and being surreptitiously copied without the permission of the creating =
artist/craftsperson (I'm not=20
going there this time, ok?)
Is it possible to effect something like a copyright or trademark or =
service mark on one's own work?
Does such a thing already exist?
Yes, I realize that we as potters create amazing varieties of work in =
the course of our careers, but=20
couldn't we create a mark perhaps to be stamped into a piece alongside =
our name that could identify it
as a "protected" piece, much the same way as "patent pending" is used?
Perhaps this is something for the Potter's Council to discuss? In this =
age of various bunches suing=20
each other over copying music online, artistic rights ,blah blah, seems =
there should be something
in place that could be used to "discourage" the ripoffs of our work. And =
perhaps give us legal recourse=20
when discovered. We might have to date our work, create a file showing =
it in detail (pictures) which most
of us should do anyway.
Imagine those megastores having to pay us royalties for every piece they =
illegally copied...might allow
some of us to throw on solid gold wheelheads
Wayne in Key West
Patti K Kratzke on wed 10 sep 03
On Wed, 10 Sep 2003 08:48:07 -0400 wayneinkeywest
writes:
>
> Is it possible to effect something like a copyright or trademark or
> service mark on one's own work?
But how far do you take that? One of my "hallmarks" is braided handles
on mugs, pitchers, etc. I have not seen that elsewhere, but I can't
imagine that someone else isn't doing it somewhere (but then, I don't get
around much). And if someone sees my work, and decides to incorporate
braided handles into their work, their work will still look and be
different from mine. And if they sell their piece to MagaMart as a model
for mass-production, I don't think I have any recourse to say "But that
looks like the stuff I do!" or even "Hey, I did a piece that looks an
awful lot like that one!" Nor should I. Because they made it themselves
- inspired by my work perhaps (as if) - but still of their own hands. I
think my stuff will still sell, without the turf war. If you do a mug
with a mermaid handle, and someone else makes one that's similar (but not
cast from the original), the execution will still be different from
yours.
That is, of course, different from taking someone else's work, making a
direct mold of it, and just "xeroxing" it for the mass market. I think
copyright or intellectual property law, or some such thing, would already
protect you, as long as you have proof that you were there first (and if
you want to spend the time/$$ to enforce it). Currently, you could
probably use the "C in a circle" - I think I've even seen it on pottery.
I don't know if that holds up internationally, but there's usually a
domestic connection - someone "locally" you can sue for participating.
So I don't know that an additional mark or policy is needed. Any
copyright attorneys in the audience?
- pk
Patti Kratzke
PK Pottery at Cliffside Gardens
Kingston, WA
pkpotts@juno.com
pdp1@EARTHLINK.NET on wed 10 sep 03
Hi Wayne,
Below, amid, and really quite short to boot...
----- Original Message -----
From: "wayneinkeywest"
(ye...)
There have been allusions lately in a number of threads
regarding the sending of one's work overseas
and being surreptitiously copied without the permission of
the creating artist/craftsperson (I'm not
going there this time, ok?)
(me...) I have been given to understand off and on thru' the
years, that a few 'famous-potter-people' and several
esteemed 'retailers' have done just that with my
'Tools'...so far as I know, they were not encouraged for
their troubles. Sending them for estimates of 'copying' and
so on, to Hong Kong, Thailand, Mexico...maybe red china, who
knows were else.
I have been told too, even sometimes by the people as did
so, that the same has occurred several times over the years
with my (Single Action Colt) 'Boxes'...
Many people life with out honor...some of them make it look
'easy' too...
(ye...)
Is it possible to effect something like a copyright or
trademark or service mark on one's own work?
Does such a thing already exist?
(me...) Yes, it is possible...one simply does so...and it
will mean allmost nothing to dishonorable people, but to
assert a point of honor as they shall not trouble themselves
to feel obliged to respect.
(ye...)
Yes, I realize that we as potters create amazing varieties
of work in the course of our careers, but
couldn't we create a mark perhaps to be stamped into a piece
alongside our name that could identify it
as a "protected" piece, much the same way as "patent
pending" is used?
(me...) As for me, I should more likely, IF I were able, and
IF the appropriate occasion arose, to leave a 'mark' as is
made by two-foot of (Double Bitted) Axe Handle (and a proper
one of 'first growth' Hickory as has been allowed to soak at
liesure in 'Coal Oil' for added resilliancy), just the two
feet as terminate where one holds the Handle, not at the
'bit' end...and, being thinner in section than the
traditional 'Pick Handle' segment so beloved of 'Strike
Breakers' and the like...one uses the 'flat' side for some
things, and the narrow side for others.
It seems that sometimes in LIfe, one is obliged to seek
satisfactions in practical deeds, or in acedemic ones, or as
may be according to the desired result, or, the practicality
of attaining it...I detest unpleasant 'arguments' or
quarrells, and prefer deeds as clearify matters to
everyone's satisfaction. However, there are few situations
in which I may care enough to bother, which has been
benificial to many truely crappy people I have known, or had
some tresspass from.
Had a burgler in here once, as was leaning over me in the
night, a large black man in shorts and tee shirt. I awoke,
looked up at him leaning over me, and I said (curtly) "Get
out! - and I pointed to the door. He did, and with
alacrity...I was satisfied. Most things in Life are dealt
with easily enough...some are not.
(ye...)
Perhaps this is something for the Potter's Council to
discuss? In this age of various bunches suing
each other over copying music online, artistic rights ,blah
blah, seems there should be something
in place that could be used to "discourage" the ripoffs of
our work. And perhaps give us legal recourse
when discovered. We might have to date our work, create a
file showing it in detail (pictures) which most
of us should do anyway.
(me...)
There are few situations in which this would alter matters,
or allow satisfactions for tresspass or theft or 'copying'
of one's Work in third world or other shops or
factories...no one with any enforcement powers or station
would care, and even if they did, there is about nothing
they may do anyway.
(ye...)
Imagine those megastores having to pay us royalties for
every piece they illegally copied...might allow
some of us to throw on solid gold wheelheads
(me...)
Imagine instead the way things really are...a more curious
and less comforting excercise perhaps, but also a more
practical one.
Best wishes Wayne!
Welcome to the fun and games as we inherit...and, as are
maybe not quite what we may have wanted.
Phil
Las Vegas
Wayne in Key West
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