Ann Baker on wed 31 jan 07
Well, I've been wanting to bring this subject up and Bill in Knoxville =
has prompted me to "just do it". So ye wise ones, let us open Pandora's =
Box yet again.
I make female sculptures meant to be used in the garden. I once sold =
them in a local garden/floral/gift shop but we had a bit of a falling =
out...
So I'm walking down the street one day and I see an obvious attempt to =
imitate my sculptures in the very same shop window. It's not a good =
copy and very ugly (not just my opinion) but CLEARLY an attempt to =
imitate my idea and style. It's not that I think I'm some grand artist =
but my work is somewhat unique and that is what people respond to. I'm =
not really worried about this particular person copying my work except =
that people keep mentioning to me they saw "my new work" in that shop. =
I DO NOT want customers thinking it is my work as the skill, quality and =
aesthetics are very poor. Any advice on how to handle this?
Also, I have had several people say, I need to copywrite my work so that =
I don't start seeing mass production knock offs, something I find =
unlikely to happen, but... =20
My first instinct is "well, there are thousands of wonderful 3-D =
artists, much better than me, sculptors, potters, metal, glass"... do =
they worry about this? How do you copywrite a "style" It doesn't seem =
practical to copywrite every single piece I make. Is there something =
other than a copywrite to help us protect ourselves?
annb
Ann Baker Studio
Aiken, SC=20
I am always doing things I can't do, that is how I get to do them.
--Pablo Picasso
The Fuzzy Chef on wed 31 jan 07
Ann,
First of all, are you in the US? Answers depend heavily on what country
you are in. The rest of this e-mail assumes you're in the US. Second, you
should really be asking a real attorney for advice and not a mailing list.
I am not an attorney, but I've run my own business for 8 years and I work
in software, an area rife with copyright issues. So here goes.
> I make female sculptures meant to be used in the garden. I once sold
> them in a local garden/floral/gift shop but we had a bit of a falling
> out...
So, the most relevant question here is did you have a written agreement
with the shop? If so, what does it say? If you did not get a written
agreement, you have just learned a very important business lesson, and may
be better off taking your lumps and ignoring this ... mostly.
> So I'm walking down the street one day and I see an obvious attempt to
> imitate my sculptures in the very same shop window. It's not a good
> copy and very ugly (not just my opinion) but CLEARLY an attempt to
> imitate my idea and style. It's not that I think I'm some grand artist
> but my work is somewhat unique and that is what people respond to. I'm
> not really worried about this particular person copying my work except
> that people keep mentioning to me they saw "my new work" in that shop.
> I DO NOT want customers thinking it is my work as the skill, quality and
> aesthetics are very poor. Any advice on how to handle this?
I would sent a request to the shop asking them to put a sign up indicating
that it is not your work (or indicating the name of the real fabrictor).
While you may not be able to do anything about them copying you, you are
on firm ground that they are creating "confusion in the marketplace". If
they do not respond to a polite note, then you get an attorney and have
him/her send them a more firmly worded note. If they ignore that, you sue
them.
> Also, I have had several people say, I need to copywrite my work so that
> I don't start seeing mass production knock offs, something I find
> unlikely to happen, but...
Er, "copyright". Also, since 1972 all creative works in the US are
automatically copyrighted. The only thing you would do is register your
copyright, which you would have to do for *each* sculpture. Registration
entitles you to statutory damages in addition to direct losses, but I;m
not sure it will help you here.
> Is there something
> other than a copywrite to help us protect ourselves?
Get an attorney.
--
The Fuzzy Chef
San Francisco
Chris Campbell on thu 1 feb 07
In a nutshell, the best thing to do is to
keep moving your own work forward
and forget about the copycat.
Yes, if you had money you could hire a
lawyer to send all kinds of letters.
If you had the time you could research
your own design to make sure it was
original to you.
With 10,000 years of ceramics to examine
I doubt you would be able to claim it.
There are a hundred ways to waste your
creative energy on this, but why?
Move forward and forget about it.
Chris Campbell - in North Carolina
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